Department of Defense Appropriations Act, 1999
PL 105-262 (H.R.4103), enacted 10/17/1998

PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2279 
Public Law 105-262 
105th Congress 
An Act 
Making appropriations for the Department of Defense for the fiscal year ending 
Oct. 17, 1998 
September 30,1999, and for other purposes. 
[H.R. 4103] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, That the Department of 
following sums are appropriated, out of any money in the Treasury Defense 
not otherwise appropriated, for the fiscal year ending September 
^cfTg^^*^""^ 
30, 1999, for military functions 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 (includ-
ing all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active 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 Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fund; $20,841,687,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, 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 Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense MiUtary Retirement Fund; $ 16,570,754,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
59-194 O - 98 - 15: QL 3 Part 3 
112 STAT. 2280 
PUBLIC LAW 105-262—OCT. 17, 1998 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except 
members of the Reserve provided for 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 Retire-
ment Fund; $6,263,387,000. 
MILITARY PERSOIWEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active 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 Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fimd; $ 17,211,987,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve 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 12310(a) of title 10, United States Code, 
or while undergoing reserve training, or while performing drills 
or equivalent duty or other duty, and for members 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 Fimd; $2,167,052,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Navy Reserve 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 
members 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; $1,426,663,000. 
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 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 equivalent 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2281 
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 Department of Defense Military 
Retirement Fund; $406,616,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
Euid 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 perform-
ing duty specified in section 12310(a) of title 10, United States 
Code, or while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and for members of the 
Air Reserve Officers' Training Corps, and exp>enses authorized by 
section 16131 of title 10, United States Code; and for payments 
to 
the 
Department 
of Defense 
Military 
Retirement 
Fund; 
$852,324,000. 
NATIONAL GUARD PERSONNEL, ^^RMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard 
while on duty under section 10211, 10302, or 12402 of title 10 
or section 708 of title 32, United States Code, or while serving 
on duty under section 12301(d) of title 10 or section 502(f) of 
title 32, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or 
while undergoing training, or while performing^ drills or equivalent 
duty or other duty, and expenses authorized by section 16131 of 
title 10, United States Code; and for pajonents to the Department 
of Defense Military Retirement Fund; $3,489,987,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National Guard on 
duty under section 10211, 10305, or 12402 of title 10 or section 
708 of title 32, United States Code, or whiile serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with perfonning duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund; $1,377,109,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ;\RMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
112 STAT. 2282 
PUBLIC LAW 105-262—OCT. 17, 1998 
and not to exceed $11,437,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Army, and pa3anents may be made on 
his certificate of necessity for confidential military purposes; 
$17,185,623,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund: 
Provided, That of the funds appropriated in this paragraph, not 
less than $355,000,000 shall be made available only for conventional 
ammunition care and maintenance. 
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 $5,360,000 can be used 
for emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Navy, and pay-
ments may be made on his certificate of necessity for confidential 
military purposes; $21,872,399,000 and, in addition, $50,000,000 
shall be derived by transfer from the National Defense Stockpile 
Transaction Fund. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
by law; $2,578,718,000. 
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 authorized by law; 
and not to exceed $7,968,000 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 his certificate of necessity for confidential military purposes; 
$19,021,045,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law; $10,914,076,000, of which not to exceed $25,000,000 
may be available for the CINC initiative fund account; and of 
which not to exceed $29,000,000 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 purposes: Provided, 
That of the fiinds appropriated under this heading, $10,000,000 
shall be made available only for use in federally owned educational 
facilities located on military installations for the purpose of trgmsfer-
ring title of such facilities to the local educational facilities. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2283 
OPERATION AND MAINTENANCE, ABMY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,202,622,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $957,239,000. 
OPERATION AND MAINTENANCE, MARINIS CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Resei-ve; repair of facilities 
and equipment; hire of passenger motor vehicles; travel and 
transportation; care of the dead; recruiting; procurement of services, 
supplies, and equipment; and communications; $117,893,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $1,747,696,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Army National Guard, including medical and hospital treatment 
and related expenses in non-Federal hospitals; maintenance, oper-
ation, 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 personnel on active duty, for Army National Guard division, 
regimental, and battalion commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying 
and equipping the Army National Guard as authorized by law; 
and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft); $2,678,015,000: Pro-
vided,ThB.i not later than March 15, 1999, the Director of the Deadline 
Army National Guard shall provide a report to the congressional Reports, 
defense committees identifying the allocation, by installation and 
activity, of all base operations funds appropriated under this head-
ing. 
112 STAT. 2284 
PUBLIC LAW 105-262—OCT. 17, 1998 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National Guard, 
including medical and hospital treatment and related expenses 
in non-Federal hospitals; maintenance, operation, repair, and other 
necessary expenses of facilities for the training and administration 
of the Mr National Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of 
things, Mre of passenger motor vehicles; supplies, materials, and 
equipment, as authorized by law for the Air National 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 regulations when specifi-
cally 
authorized 
by the Chief, 
National 
Guard 
Bureau; 
$3,106,933,000. 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses directly relating to Overseas Contingency Oper-
ations by United States military forces; $439,400,000, to remain 
available until expended: Provided, That the Secretary of Defense 
may transfer these funds only to operation and maintenance 
accounts within this title, and to working capital funds: Provided 
further, That the funds transferred shall be merged with and shall 
be available for the same purposes 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. 
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; $7,324,000, of which not 
to exceed $2,500 can be used for official representation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $370,640,000, to remain 
available until transferred: Provided, That the Secretary of the 
Aimy shall, upon determining that such funds are required for 
environmental restoration, reduction 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 avail-
able 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 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: 
Provided further. That not more than 25 per centum of funds 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2285 
provided under this heading may be obhgated for environmental 
remediation by the Corps of Engineers under total environmental 
remediation contracts. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FliTNDS) 
For the Department of the Navy, $274,600,000, to remain avail-
able until transferred: Provided, That the Secretary of the Navy 
shall, upon determining that such funds are required for environ-
mental restoration, reduction 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 appro-
priations 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, Am FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $372,100,000, to remain 
available until transferred: Provided, That the Secretary of the 
Air Force shall, upon determining that such funds are required 
for environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe 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 avail-
able 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 determination that all or part of the funds transferred 
from this appropriation are not necessary foi' the purposes provided 
herein, such amounts may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $26,091,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of 
Defense, or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made available to 
the Department of Defense, to be merged with and to be available 
for the same purposes and for the same time period as the appro-
priations 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. 
112 STAT. 2286 
PUBLIC LAW 105-262—OCT. 17, 1998 
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $225,000,000, to remain 
available until transferred: Provided, That the Secretary of the 
Army shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris at sites formerly 
used by the Department of Defense, transfer the funds made avail-
able 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 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. 
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 sections 401, 402, 404, 2547, and 
2551 of title 10, United States Code); $50,000,000, to remain avail-
able until September 30, 2000. 
FORMER SOVIET UNION THREAT REDUCTION 
For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for facilitat-
ing 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 compo-
nents, and weapon-related technology and expertise; for programs 
relating to the training and support of defense and military person-
nel for demilitarization and protection of weapons, weapons compo-
nents, and weapons technology and expertise; $440,400,000, to 
remain available until September 30, 2001: Provided, That of the 
amounts provided under this heading, $35,000,000 shall be avail-
able only to support the dismantling and disposal of nuclear sub-
marines and submarine reactor components in the Russian Far 
East. 
QUALITY OF LIFE ENHANCEMENTS, DEFENSE 
For expenses, not otherwise provided for, resulting from 
unfunded shortfalls in the repair and maintenance of real property 
of the Department of Defense (including military housing and bar-
racks); $455,000,000, for the maintenance of real property of the 
Department of Defense (including minor construction and mayor 
maintenance and repair), which shall remain available for obligation 
until September 30, 2000, as follows: 
Army, $ 137,000,000; 
Navy, $121,000,000; 
Marine Corps, $27,000,000; 
Air Force, $108,000,000; 
Army Reserve, $26,000,000; 
Navy Reserve, $12,400,000; 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2287 
Marine Corps Reserve, $7,600,000; 
Air Force Reserve, $6,000,000; and 
Air National Guard, $10,000,000. 
PENTAGON RENOVATION TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, resulting from the 
Department of Defense renovation of the Pentagon Iteservation, 
$279,820,000 shall be derived by transfer from the Operation and 
Maintenance accounts in this Act, for renovation of the Pentagon 
Reservation, which shall remain available for obligation until 
September 30, 2000, as follows: 
Army, $96,000,000; 
Navy, $32,087,000; 
Marine Corps, $9,513,000; 
Air Force, $52,200,000; and 
Defense-Wide, $90,020,000. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized 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, appliances, 
and 
machine tools in public and private plants; reserve plant and 
Grovernment and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,388,268,000, to 
remain available for obligation until September 30,2001. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized 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, 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; $1,226,335,000, to 
remain available for obligation until September 30, 2001. 
112 STAT. 2288 
PUBLIC LAW 105-262—OCT. 17, 1998 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, includ-
ing 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, appliances, and machine tools in public 
and private plants; reserve plant and Grovemment and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $1,548,340,000, to remain available for obliga-
tion until September 30, 2001. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of 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, 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; $1,065,955,000, to 
remain available for obligation until September 30, 2001. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and non-tracked combat 
vehicles; the purchase of not to exceed 37 passenger motor vehicles 
for replacement only; and the purchase of 54 vehicles required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $230,000 per 
vehicle; communications and electronic equipment; other support 
equipment; spare parts, ordnance, and accessories therefor; special-
ized 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, 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; $3,339,486,000, to 
remain available for obligation until September 30, 2001. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion 
of public and private plants, including the land necessary therefor, 
and such lands and interests therein, may be acquired, and 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2289 
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 
contractor-owned 
equipment 
layaway; 
$7,541,709,000, to remain available for obligation until September 
30, 2001. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, 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 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 
contractor-owned 
equipment 
layaway; 
$1,211,419,000, to remain available for obligation until September 
30, 2001. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plsints, including 
ammunition facilities authorized by section 2854 of 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, appliances, and 
machine tools in public and private plants; reserve plsint and 
Grovemment and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $484,203,000, to 
remain available for obligation until September 30, 2001. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
and 
GfOvemment and contractor-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 therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, as follows: 
NSSN, $1,498,165,000; 
N S S N (AP), $504,736,000; 
CVN-77 (AP), $124,515,000; 
C V N Refuelings (AP), $274,980,000; 
DDG-51 destroyer program, $2,667,078,000; 
DDG-51 destroyer program (AP), $7,396,000; 
LPD-17 amphibious transport dock ship, $638,780,000; 
LHD-8 (AP), $45,000,000; 
Oceanographic ship program, $60,341,000; 
LCAC landing craft air cushion program, $16,000,000; and 
112 STAT. 2290 
PUBLIC LAW 105-262—OCT. 17, 1998 
For craft, outfitting, post delivery, conversions, and first 
destination transportation, $198,761,000; 
In all: $6,035,752,000, to remain available for obligation until 
September 30, 2003: Provided, That additional obligations may 
be incurred after September 30, 2003, for 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 provided under this heading for the construc-
tion 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: Provided fur-
ther. That none of the funds provided under this heading shall 
be used for the construction of any naval vessel in foreign shipyards. 
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 ships, and ships authorized 
for conversion); the purchase of not to exceed 246 passenger motor 
vehicles for replacement only; and the purchase of 1 vehicle required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $225,000 per 
vehicle; lease of passenger motor vehicles; expansion of public and 
private plants, including the land necessary therefor, 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 contractor-
owned equipment layaway; $4,072,662,000, to remain available for 
obligation until September 30, 2001. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, 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 Grovemment and contractor-owned equipment 
layaway; vehicles for the Marine Corps, including the purchase 
of not to exceed 37 passenger motor vehicles for replacement 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; 
$874,216,000, to remain avedlable for obligation until September 
30,200L 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion 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 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2291 
of title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessar,^ for the foregoing pur-
poses including rents and transportation of things; $8,095,507,000, 
to remain available for obligation until September 30, 2001. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling ecjuipment, and training 
devices; expansion of public and private plants, Grovemment-owned 
equipment and installation thereof in such plants, erection of struc-
tures, 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; $2,069,827,000, to remain available for 
obligation until September 30, 2001. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and piivate plants, including 
ammunition facilities authorized by section 2854 of 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, 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; $379,425,000, to 
remain available for obligation until September 30, 2001. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of 
not to exceed 267 passenger 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 $240,000 per vehicle; lease of passenger motor 
vehicles; and expansion 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 Grovemment and contractor-owned equipment layaway; 
$6,960,483,000, to remain available for obligation until September 
30, 2001. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military depar1:ments) necessary for 
112 STAT. 2292 
PUBLIC LAW 105-262—OCT. 17, 1998 
Deadlines. 
Reports. 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; 
the purchase of not to exceed 346 passenger motor vehicles for 
replacement only; the purchase of 4 vehicles required for physical 
security of personnel, notwithstanding price limitations applicable 
to passenger vehicles but not to exceed $165,000 per vehicle; expan-
sion of public and private plants, 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 Grovemment and contractor-
owned equipment layaway; $1,944,833,000, to remain available for 
obligation until September 30,2001. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $352,000,000, to remain available 
for obligation until September 30, 2001: 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 National Guard compo-
nent. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$5,031,788,000, to remain available for obligation until September 
30, 2000: Provided, That of the funds made available under this 
heading, $15,000,000 shall be available only to commence in fiscal 
year 1999 a live fire, side-by-side operationgd test and evaluation 
of the air-to-air Starstreak and air-to-air Stinger missiles fired 
Certification. 
from the AH-64D Apache helicopter: Provided further. That in 
conjunction with the development of a test plan, the Secretary 
of the Army shall certify the following, in writing, to the congres-
sional defense committees: 
(1) Engagement tests can be safely conducted with both 
Starstreak and Stinger missiles from the AH-64D helicopter 
at air speeds consistent with the normal operating limits of 
that aircraft; 
(2) The Starstreak missiles utilized in the test will be 
provided at no cost to the United States Government; 
(3) None of the $15,000,000 provided will be used to develop 
modifications to the Starstreak or the Stinger missiles; and 
(4) Both the Starstreak and Stinger missiles can be fired 
from the AH-64D aircraft consistent with the survivability 
of the aircraft and missile performance standards contained 
in the Army's Air-to-Air Missile Capability Need Statement 
approved by the Department of the Army in January 1997. 
PUBLIC LAW 105-262--OCT. 17, 1998 
112 STAT. 2293 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$8,636,649,000, to remain available for obligation until September 
30, 2000: Provided, That funds appropriated in this paragraph 
which are available for the V-22 may be used to meet unique 
requirements of the Special Operation Forces: Provided 
further, 
That notwithstanding 10 U.S.C. 2366, none of the funds made 
available under this heading may be used to conduct system-level 
live-fire shock tests on the SSN-21 class of submarines unless 
the Commander-in-Chief of the United States Atlantic Command 
certifies in writing to the congressional defense committees that 
such testing must be conducted to meet operational requirements 
for those submarines. 
RESEARCH, DEVELOPMENT, TEST AND EVAJLUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$13,758,811,000, to remain available for obligation until September 
30,2000. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientiHc research, development, test and evaluation; 
advanced research projects as may be desi^n^ated and determined 
by the Secretary of Defense, pursuant to law; maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$9,036,551,000, to remain available for obligation until September 
30, 2000: Provided, That not less than $310,446,000 of the funds 
made available under this heading shall be made available only 
for the Sea-Based Wide Area Defense (Navj^ Upper-Tier) program: 
Provided further. 
That funding for the Sea-Based Wide Area 
Defense (Navy Upper-Tier) program in this or any other Act shall 
be used for research, development and deplojnment including, but 
not limited to, continuing ongoing risk reduction activities, initiating 
system engineering for an initial Block I capability, and deplo3nnent 
at 
the 
earliest 
feasible 
time 
following 
Aegis 
Lightweight 
Exoatmospheric Projectile (LEAP) intercept flight tests. 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activi-
ties 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; $258,606,000, to 
remain available for obligation until September 30, 2000. 
112 STAT. 2294 
PUBLIC LAW 105-262—OCT. 17, 1998 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in 
connection therewith; $34,245,000, to remain available for obligation 
until September 30, 2000. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For the Defense Working Capital Funds; $94,500,000. 
NATIONAL DEFENSE SEALIFT FUND 
(INCLUDING TRANSFER OF FUNDS) 
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); $708,366,000, to remain available until 
expended: Provided, That none of the funds provided in this para-
graph 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 shipboard services; propulsion 
system components (that is; engines, reduction gears, and propel-
lers); shipboard cranes; and spreaders for shipboard cranes: Pro-
vided further. That the exercise of an option in a contract awarded 
through the obligation of previously appropriated funds shall not 
be considered to be the award of a new contract: Provided 
further. 
That notwithstanding any other provision of law, of the funds 
available under this heading, $28,800,000 shall be transferred to 
"Alteration of Bridges": Provided further. That the Secretary of 
the military department responsible for such procurement may 
waive the restrictions in the first proviso on a case-by-case basis 
by certi5^ng in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that adequate domes-
tic 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 pur-
poses. 
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; $ 10,149,872,000, of which $9,727,985,000 shall be for Operation 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2295 
and maintenance, of which not to exceed 2 per centum shall remain 
available until September 30, 2000, of which $402,387,000, to 
remain available for obligation until September 30, 2001, shall 
be for Procurement, and of which $19,500,000, to remain available 
for obligation until September 30, 2000, shall be for Research, 
development, test and evaluation: Provided, That of the amounts 
made available under this heading for Operation and maintenance, 
not less than $25,000,000 shall be only for breast cancer treatment 
and access to care. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY 
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 provisions of section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 
1521), and for the destruction of other chemical warfare materials 
that are not in the chemical weapon stockpile; $780,150,000, of 
which $491,700,000 shall be for Operation and maintenance, 
$115,670,000 shall be for Procurement to remain available until 
September 30, 2001, and $172,780,000 shall be for Research, 
development, test and evaluation to remain available until Septem-
ber 30, 2000: Provided, That of the funds available under this 
heading, $1,000,000 shall be available until expended each year 
only for a Johnston Atoll off-island leave program: Provided further. 
That the Secretaries concerned shall, pursuant to uniform regula-
tions, prescribe travel and tremsportation allowances for travel by 
participants in the off-island leave program. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUIS^DS) 
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United 
States Code; for Operation and maintenance; for Procurement; and 
for Research, development, test and evaluation; $735,582,000: Pro-
vided, That the funds appropriated imder this heading shall be 
available for obligation for the same time period and for the same 
purpose as the appropriation to which transfeiTed: Provided further, 
That the transfer authority provided in this paragraph is in addition 
to any transfer authority contained elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector Gen-
eral in canying out the provisions of the Inspector General Act 
of 1978, as amended; $132,064,000, of which $130,764,000 shall 
be for Operation and maintenance, of which not to exceed $500,000 
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 $1,300,000, to remain 
available until September 30, 2001, shall be for Procurement. 
112 STAT. 2296 
PUBLIC LAW 105-262—OCT. 17, 1998 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement 
and Disability System Fund, to maintain proper funding level for 
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $201,500,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Intelligence Community Manage-
ment Account; $129,123,000, of which $30,290,000 for the Advanced 
Research and Development Committee shall remain available until 
September 30, 2000: Provided, That of the funds appropriated under 
this heading, $27,000,000 shall be transferred to the Department 
of Justice for the National Drug Intelligence Center to support 
the Department of Defense's counter-drug intelligence responsibil-
ities, and of the said amount, $1,500,000 for Procurement shall 
remain available until September 30, 2001, and $3,000,000 for 
Research, development, test and evaluation shall remain available 
until September 30, 2000. 
PAYMENT TO KAHO'OLAWE ISLAND CONVEYANCE, REMEDIATION, AND 
ENVIRONMENTAL RESTORATION FUND 
For payment to Kaho'olawe Island Conveyance, Remediation, 
and Environmental Restoration Fund, as authorized by law; 
$25,000,000, to remain available until expended. 
NATIONAL SECURITY EDUCATION TRUST FUND 
For the purposes of title VIII of Public Law 102-183, 
$3,000,000, to be derived from the National Security Education 
Trust Fund, to remain available until expended. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress. 
10 use 1584 
SEC. 8002. During the current fiscal year, provisions of law 
note. 
prohibiting the payment of compensation to, or emplo3nnent 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 indirect 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 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 percentage increase 
provided by the appropriate host nation to its own employees. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2297 
whichever is higher: Provided further, That this section shall not 
apply to Department of Defense foreign service national employees 
serving at united States diplomatic missions whose pay is set 
by the Department of State under the Foreign. Service Act of 1980: 
Provided further. That the limitations of this provision shall not 
apply to foreign national employees of the Despartment 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 appropriations 
in this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last 2 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 iSecretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $1,650,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in tliis Act to the Depart-
ment of Defense for military functions (except military construction) 
between such appropriations or funds or an}^ 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 requirements, than those for which originally appropriated 
£md in no case where the item for which funds are requested 
has been denied by Congress: Provided further. That the Secretary 
Notification. 
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 prepare or present a request to the Committees on 
Appropriations for reprogramming of funds, U][iless for higher prior-
ity items, based on imforeseen 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. 
(TRANSFER OF FUNDS) 
SEC. 8006, During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
E
ursuant to section 2208 of title 10, United States Code, may 
e maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: 
Provided, 
That transfers may be made between such fiinds: Provided 
further, 
That transfers may be made between working capital fiinds and 
the "Foreign Currency Fluctuations, Defense" appropriation and 
the "Operation and Maintenance" appropriation accounts in such 
amounts as may be determined 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 
112 STAT. 2298 
PUBLIC LAW 105-262—OCT. 17, 1998 
10 use 2306b 
note. 
10 use 401 note. 
Reports. 
Territories. 
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 Secretary 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 notification 30 
calendar days in session in advance to the congressional defense 
committees. 
SEC. 8008. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any 1 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 quan-
tity procurement in excess of $20,000,000 in any 1 year, unless 
the congressional defense committees have been notified at least 
30 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 quan-
tity 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 contracts for any systems or component 
thereof if the value of the multiyear contract would exceed 
$500,000,000 unless specifically provided in this Act: Provided fur-
ther. That no multiyear procurement contract can be terminated 
without 10-day prior notification to the congressional defense 
committees: Provided further. That the execution of multiyear 
authority shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement. 
Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows: 
E-2C aircraft; 
Longbow Hellfire missile; and 
Medium Tactical Vehicle Replacement (MTVR). 
SEC. 8009. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, 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 
chapter 20 of title 10, United States Code, and these obligations 
shall be reported to Congress on September 30 of each year: Pro-
vided, That funds available for operation and maintenance shall 
be available for providing humanitarian 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 Secretary 
of the Army that such action is beneficial for graduate medical 
education programs conducted at Army medical 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 nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2299 
Islands, the Marshall Islands, the Federated States of Micronesia, 
Palau, and Guam. 
SEC. 8010. (a) During fiscal year 1999, the civilian personnel 
of the Department of Defense may not be managed on the basis 
of any end-strength, and the management 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 2000 budget request for the Department Budget, 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2000 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 2000. 
(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 50 United States, 
its territories, and the District of Columbia, 125,000 civilian 
workyears: Provided, That workyears shall be applied as defined 
in the Federal Personnel Manual: Provided fiirther. That workyears 
expended in dependent student hiring programs for disadvantaged 
youths shall not be included in this workyear limitation. 
SEC. 8012. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 8013. (a) None of the funds appropriated by this Act 
shall be used to make contributions to the Department of Defense 
Education Benefits Fund pursuant to section 2006(g) of title 10, 
United States Code, representing the normal cost for fiiture benefits 
under section 3015(c) of title 38, United States Code, for any mem-
ber of the armed services who, on or after the date of the enactment 
of this Act— 
(1) enlists in the armed services for a period of active 
duty of less than three years; or 
(2) receives an enlistment bonus under section 308a or 
308f of title 37, United States Code, 
nor shall any amounts representing the nonmal cost of such future 
benefits be transferred from the Fund by the Secretary of the 
Treasury to the Secretary of Veterans Afifaiirs 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 limitations 
shall not apply to members in combat arms skills or to members 
who enlist in the armed services on or after July 1, 1989, under 
a program continued or established by the Secretary of Defense 
in fiscal year 1991 to test the cost-effective use of special recruiting 
incentives involving not more than nineteen noncombat arms skills 
approved in advance by the Secretary of Defense: Provided further, 
Applicability. 
That this subsection applies only to active components of the Army, 
(b) None of the funds appropriated by thjis Act shall be available 
for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid 
by the Secretary of Veterans Affairs from the Department of Defense 
Education Benefits Fund when time spent as a full-time student 
112 STAT. 2300 
PUBLIC LAW 105-262—OCT. 17, 1998 
Applicability. 
Certification. 
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 fur-
ther, That this subsection applies only to active components of 
the Army. 
SEC. 8014. None of the funds appropriated by this Act shall 
be available to convert to contractor performance an activity or 
function of the Department of Defense that, on or after the date 
of the enactment of this Act, is performed by more than ten Depart-
ment of Defense civilian employees until a most efficient and cost-
eflfective organization analysis is completed on such activity or 
function and certification of the analysis is made to the Committees 
on Appropriations of the House of Representatives and the Senate: 
Provided, That this section and subsections (a), (b), and (c) of 
10 U.S.C, 2461 shall not apply to a commercial or industrial type 
function of the Department of Defense that: (1) is included on 
the procurement list established pursuant to section 2 of the Act 
of June 25, 1938 (41 U.S.C. 47), popularly referred to as the Javits-
Wagner-O'Day Act; (2) is planned to be converted to performance 
by a qualified nonprofit agency for the blind or by a qualified 
nonprofit agency for other severely handicapped individuals in 
accordance with that Act; or (3) is planned to be converted to 
performance by a qualified firm under 51 per centum Native Amer-
ican ownership. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act for the 
Department of Defense Hlot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 10 U.S.C. 2301 note), as amended, under the author-
ity of this provision or any other transfer authority contained in 
this Act. 
SEC. 8016. 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 substantially manufactured in the United States: Provided, 
That for the purpose of this section manufactured will include 
cutting, heat treating, quality control, testing of chain and welding 
(including the forging and shot blasting process): Provided 
further. 
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain ishall be considered to be pro-
duced or manufactured in the United States if the aggregate cost 
of the components produced or manufactured in the United States 
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States: Provided further. That when ade-
quate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2301 
Regulations. 
10 use 2687 
note. 
SEC. 8017. None of the funds appropriated by this Act available 
for the Civilian Health and Medical Program of the Uniformed 
Services (CHAMPUS) shall be available for the reimbursement 
of any health care provider for inpatient mental health service 
for care received when a patient is referred to a provider of inpatient 
mental health care or residential treatment care by a medical 
or health care professional having an economic interest in the 
facility to which the patient is referred: Provided, That this limita-
tion does not apply in the case of inpatient mental health services 
provided under the program for the handicapped under subsection 
(d) of section 1079 of title 10, United States Code, provided as 
partial hospital care, or provided pursuant to a waiver authorized 
by the Secretary of Defense because of medical or psychological 
circumstances of the patient that are confirmed by a health profes-
sional 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. 
SEC. 8018. 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. 8019. Notwithstanding any other provision of law, during 
the current fiscal year, the Secretary of Defense may, by executive 
agreement, establish with host nation governments in NATO mem-
ber states a separate account into which such residual value 
amounts negotiated in the return of United States military installa-
tions 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 mili-
tary forces in that host nation, or such real property maintenance 
and base operating costs that are currently executed through mone-
tary transfers to such host nations: Provided further, That the 
Department of Defense's budget submission for fiscal year 2000 
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, 
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 Reports, 
such executive agreement with a NATO member host nation shall 
be reported to the congressional defense committees, the Committee 
on International Relations of the House of Representatives and 
the Committee on Foreign Relations of the Senate 30 days prior 
to the conclusion and endorsement of any such agreement estab-
lished under this provision. 
SEC. 8020. None of the funds available to the Department 
of Defense may be used to demilitarize or dispose of M-1 Carbines, 
M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, 
or M-1911 pistols. 
SEC. 8021. Notwithstanding any other provision of law, none 
of the funds appropriated by this Act shall be available to pay 
more than 50 per centum of an amount p£iid to any person under 
section 308 of title 37, United States Code, in a lump sum. 
112 STAT. 2302 
PUBLIC LAW 105-262—OCT. 17, 1998 
SEC. 8022. No more than $500,000 of the funds appropriated 
or made available in this Act shall be used during a single fiscal 
year 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 by certif3dng in writing 
to the congressional defense committees that such a relocation 
is required in the best interest of the Government. 
SEC. 8023. A member of a reserve component whose unit or 
whose residence is located in a State which is not contiguous 
with another State is authorized to travel in a space required 
status on aircraft of the Armed Forces between home and place 
of inactive duty training, or place of duty in lieu of unit training 
assembly, when there is no road or railroad transportation (or 
combination of road and railroad transportation between those loca-
tions): Provided, That a member traveling in that status on a 
military aircraft pursuant to the authority provided in this section 
is not authorized to receive travel, transportation, or per diem 
allowances in connection with that travel. 
SEC. 8024. (a) In addition to the funds provided elsewhere 
in this Act, $8,000,000 is appropriated only for incentive pa3mrients 
authorized by section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544): Provided, That contractors participating in the 
test program established by section 854 of Public Law 101-189 
(15 U.S.C. 637 note) shall be eligible for the program established 
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 
1544). 
(b) Section 8024 of the Department of Defense Appropriations 
111 Stat. 1225. 
Act (Public Law 105-56) is amended by striking out "That these 
payments" and all that follows through ''Provided further,". 
SEC. 8025. During the current ftscal year, funds appropriated 
or otherwise available for any Federal agency, the Congress, the 
judicial branch, or the District of Columbia may be used for the 
pay, allowances, and benefits of an employee as defined by section 
2105 of title 5, United States Code, or an individual employed 
by the government of the District of Columbia, permanent or tem-
porary indefinite, who— 
(1) is a member of a Reserve component of the Armed 
Forces, as described in section 10101 of title 10, United States 
Code, or the National Guard, as described in section 101 of 
title 32, United States Code; 
(2) performs, for the purpose of providing military aid 
to enforce the law or providing assistance to civil authorities 
in the protection or saving of life or property or prevention 
of injury— 
(A) Federal service under sections 331, 332, 333, or 
12406 of title 10, or other provision of law, as applicable; 
or 
(B) full-time military service for his or her State, the 
District of Columbia, the Commonwealth of Puerto Rico, 
or a territory of the United States; and 
(3) requests and is granted— 
(A) leave under the authority of this section; or 
(B) annual leave, which may be granted without regard 
to the provisions of sections 5519 and 6323(b) of title 5, 
if such employee is otherwise entitled to such annual leave: 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2303 
Provided, That any employee who requests leave under subsection 
(3)(A) for service described in subsection (2) of this section is entitled 
to such leave, subject to the provisions of this section and of the 
last sentence of section 6323(b) of title 5, and such leave shall 
be considered leave under section 6323(b) of title 5, United States 
Code. 
SEC. 8026. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the provisions 
of 0MB Circular A-76 if the study being performed exceeds a 
period of 24 months after initiation of such study with respect 
to a single function activity or 48 months after initiation of such 
study for a multi-function activity. 
SEC. 8027. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national or 
international political or psychological activities. 
SEC. 8028. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust v/age rates for civilian 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 7455 of title 38, 
United States Code. 
SEC. 8029. 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 Squadron of the Air Force 
Reserve, if such action would reduce the WC-130 Weather Recon-
naissance mission below the levels funded in tliis Act. 
SEC. 8030. (a) Of the funds for the procurement of supplies 
or services appropriated by this Act, qualified nonprofit agencies 
for the blind or other severely handicapped shall be afforded the 
maximum practicable opportunity to participate as subcontractors 
and suppliers in the performsmce of contracts let by the Department 
of Defense. 
(b) During the current fiscal year, a business concern which 
has negotiated with a military service or defense agency a sub-
contracting plan for the participation by smiall 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 purchases made from qualified nonprofit agencies for 
the blind or other severely handicapped. 
(c) For the purpose of this section, the phrase "qualified non-
profit agency for the blind or other severely handicapped" means 
a nonprofit agency for the blind or other severely handicapped 
that has been approved by the Committee for the Purchase from 
the Blind and Other Severely Handicapped under the Javits-Wag-
ner-O'Day Act (41 U.S.C. 46-48). 
SEC. 8031. During the current fiscal year, net receipts pursuant 
to collections from third party payers pursuant to section 1095 
of title 10, United States Code, shall be made available to the 
local facility of the uniformed services responsible for the collections 
and shall be over and above the facility's direct budget amount. 
SEC. 8032. During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under tliat section: Provided, 
That upon receipt, such contributions from the Government of 
Kuwait shall be credited to the appropriations or fund which 
incurred such obligations. 
112 STAT. 2304 
PUBLIC LAW 105-262—OCT. 17, 1998 
SEC. 8033. Of the funds made available in this Act, not less 
than $28,300,000 shall be available for the Civil Air Patrol Corpora-
tion, of which $23,497,000 shall be available for Civil Air Patrol 
Corporation operation and maintenance to support readiness activi-
ties which includes $3,800,000 for the Civil Air Patrol counterdrug 
program: Provided, That funds identified for "Civil Air Patrol" under 
this section Eire intended for and shall be for the exclusive use 
of the Civil Air Patrol Corporation and not for the Air Force or 
any imit thereof. 
SEC. 8034. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense (depart-
ment) federally funded research and development center (FFRDC), 
either as a new entity, or as a separate entity administrated by 
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs 
and other non-profit entities. 
(b) 
LIMITATION 
ON 
COMPENSATION—FEDERALLY 
FUNDED 
RESEARCH AND DEVELOPMENT CENTER (FFRDC).—NO member of 
a Board of Directors, Trustees, Overseers, Advisory Group, Special 
Issues Panel, Visiting Committee, or any similar entity of a defense 
FFRDC, and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be compensated 
for his or her services as a member of such entity, or as a paid 
consultant by more than one FFRDC in a fiscal year: Provided, 
That a member of any such entity referred to previously in this 
subsection shall be allowed travel expenses and per diem as author-
ized under the Federal Joint Travel Regulations, when engaged 
in the performance of membership duties. 
(c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during fiscal 
year 1999 may be used by a defense FFRDC, through a fee or 
other payment mechanism, for construction of new buildings, for 
pa3anent of cost sharing for projects funded by government grants, 
for absorption of contract overruns, or for certain charitable con-
tributions, not to include employee participation in community serv-
ice and/or development. 
(d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 1999, not more 
than 6,206 staff years of technical effort (staff years) may be funded 
for defense FFRDCs: Provided, That of the specific amount referred 
to previously in this subsection, not more than 1,105 staff years 
may be funded for the defense studies and analysis FFRDCs. 
Deadline. 
(e) Within 60 da3rs after the enactment of this Act, the Secretary 
Reports. 
of Defense shall submit to the congressional defense committees 
a report presenting the specific amounts of staff years of technical 
effort to be allocated by the department for each defense FFRDC 
during fiscal year 1999: Provided, That, after the submission of 
the report required by this subsection, the department may not 
reallocate more than 5 per centum of an FFRDCs staff years 
among other defense FFRDCs until 30 days after a detailed jus-
tification for any such reallocation is submitted to the congressional 
defense committees. 
Reports. 
(f) The Secretary of Defense shall, with the submission of 
the department's fiscal year 2000 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. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2305 
(g) Notwithstanding any other provision of law, the Secretary 
of Defense shall control the total number of staff years to be 
performed by defense FFRDCs during fiscal year 1999 so as to 
reduce the total amounts appropriated in titles II, III, and IV 
of this Act by $62,000,000: Provided, That the total amounts appro-
priated in titles II, III, and IV of this Act are hereby reduced 
by $62,000,000 to reflect savings from the use of defense FFRDCs 
by the department. 
(h) Notwithstanding any other provision of law, none of the 
reductions for advisory and assistance services contained in this 
Act shall be applied to defense FFRDCs. 
SEC. 8035. None of the funds appropriatsd or made available 
in this Act shall be used to procure carbon, alloy or armor steel 
plate for use in any Government-owned facility or property under 
the control of the Department of Defense wliich were not melted 
and rolled in the United States or Canada: Provided, That these 
procurement restrictions shall apply to any and all Federal Supply 
Class 9515, Americsin Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications of carbon, 
alloy or armor steel plate: Provided further, That the Secretary 
of the military department responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to 
acquire capability for national security purposes: Provided further. 
That these restrictions shall not apply to contracts which are in 
being as of the date of the enactment of this Act. 
SEC. 8036. For the purposes of this Act, the term "congressional 
defense committees" means the National Sscurity Committee of 
the House of Representatives, the Armed Services Committee of 
the Senate, the Subcommittee on Defense of the Committee on 
Appropriations of the Senate, and the Subcommittee on National 
Security of the Committee on Appropriations of the House of Rep-
resentatives. 
SEC. 8037. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the production 
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities 
and private firms: Provided, That the Senior Acquisition Executive 
Certification. 
of the military department or defense agency concerned, with power 
of delegation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further. That Office of Management and Budget 
Circular A-76 shall not apply to competitions conducted under 
this section. 
SEC. 8038. (a)(1) If the Secretary of Defense, after consultation 
41USC lOb-2. 
with the United States Trade Representative, determines that a 
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating 
against certain types of products produced in the United States 
that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act 
with respect to such tjrpes of products produced in that foreign 
country. 
112 STAT. 2306 
PUBLIC LAW 105-262—OCT. 17, 1998 
(2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the 
United States and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certain products in that country. 
Reports. 
(b) The Secretary of Defense shall submit to Congress a report 
on the amount of Department of Defense purchases from forSgn 
entities in fiscal year 1999. Such report shall separately indicate 
the dollar value of items for which the Buy American Act was 
waived pursuant to any agreement described in subsection (a)(2), 
the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or 
any international agreement to which the United States is a party. 
(c) For purposes of this section, the term "Buy American Act" 
means title III of the Act entitled "An Act making appropriations 
for the Treasury and Post Office Depgutments for the fiscal year 
ending June 30, 1934, and for other purposes", approved March 
3, 1933 (41 U.S.C. 10a et seq.). 
SEC. 8039. Appropriations contained in this Act that remain 
available at the end of the current fiscal year as a result of energy 
cost savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the extent, and 
for the purposes, provided in section 2865 of title 10, United States 
Code. 
President. 
Budget. 
10 u s e 221 note. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8040. Amounts deposited during the current fiscal year 
to the special account established under 40 U.S.C. 485(h)(2) and 
to the special account established under 10 U.S.C. 2667(d)(1) are 
appropriated and shall be available until transferred by the Sec-
retary of Defense to current applicable appropriations or fiinds 
of the Department of Defense under the terms and conditions 
specified by 40 U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C. 
2667(d)(1)(B), to be merged with and to be available for the same 
time period and the same purposes as the appropriation to which 
transferred. 
SEC. 8041. During the current fiscal year, appropriations avail-
able to the Department of Defense may be used to reimburse 
a member of a reserve component of the Armed Forces who is 
not otherwise entitled to travel and transportation allowances and 
who occupies transient government housing while performing active 
duty for training or inactive duty training: Provided, That such 
members may be provided lodging in kind if transient government 
quarters are unavailable as if the member was entitled to such 
allowances under subsection (a) of section 404 of title 37, United 
States Code: Provided further. That if lodging in kind is provided, 
any authorized service charge or cost of such lodging may be paid 
directly from funds appropriated for operation and maintenance 
of the reserve component of the member concerned. 
SEC. 8042. The President shall include with each budget for 
a fiscal year submitted to the Congress under section 1105 of 
title 31, United States Code, materials that shall identify clearly 
and separately the amounts requested in the budget for appropria-
tion for that fiscal year for salaries and expenses related to adminis-
trative activities of the Department of Defense, the military depart-
ments, and the Defense agencies. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2307 
SEC. 8043. Notwithstanding any other provision of law, funds 
available for "Drug Interdiction and Counter-Drug Activities, 
Defense" may be obligated for the Young Marines program. 
SEC. 8044. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 
2687 note) shall be available until expended for the payments 
specified by section 2921(c)(2) of that Act: Provided, That none 
of the funds made available for expenditure under this section 
may be transferred or obligated until thirty days after the Secretary 
of Defense submits a report which details the balance available 
in the Overseas Military Facility Investment Recovery Account, 
all projected income into the account during fiscal years 1999 and 
2000, and the specific expenditures to be made using funds trans-
ferred from this account during fiscal year 1999. 
SEC. 8045. Of the funds appropriated or otherwise made avail-
able by this Act, not more than $119,200,000 shall be available 
for payment of the operating costs of NATO Headquarters: Provided, 
That the Secretary of Defense may waive this section for Depart-
ment of Defense support provided to NATO forces in and around 
the former Yugoslavia. 
SEC. 8046. During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment 
item unit cost of not more than $100,000. 
SEC. 8047. (a) During the current fiscal year, none of the 
appropriations or fiinds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for 
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense Work-
ing Capital Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund during 
fiscal year 1994 and if the purchase of such an investment item 
would be chargeable during the current fiscal year to appropriations 
made to the Department of Defense for procurement. 
(b) The fiscal year 2000 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2000 Department of Defense budget 
shall be prepared and submitted to the Congress on the basis 
that any equipment which was classified as an end item and funded 
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 2000 proc;urement appropriation 
and not in the supply management business area or any other 
area or category of the Department of Defense Working Capital 
Fxmds. 
SEC. 8048. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available 
for obligation beyond the current i^scal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2000: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior 
or subsequent fiscal year shall remain available until expended. 
SEC. 8049. Notwithstanding any other provision of law, funds 
made available in this Act for the Defense Intelligence Agency 
Reports. 
Budget. 
50 use 403u 
note. 
112 STAT. 2308 
PUBLIC LAW 105-262—OCT. 17, 1998 
may be used for the design, development, and deployment of Gren-
eral Defense Intelligence Program intelligence communications and 
intelligence information systems for the Services, the Unified and 
Specified Commands, and the component commands. 
SEC. 8050. Of the funds appropriated by the Department of 
Defense under the heading "Operation and Maintenance, Defense-
Wide", not less than $8,000,000 shall be made available only for 
the mitigation of environmental impacts, including training and 
technical assistance to tribes, related administrative support, the 
gathering of information, documenting of environmental damage, 
and developing a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands resulting 
from Department of Defense activities. 
SEC. 8051. Amounts collected for the use of the facilities of 
the National Science Center for Communications and Electronics 
during the current fiscal year pursuant to section 1459(g) of the 
Department of Defense Authorization Act, 1986, and deposited to 
the special account established under subsection 1459(g)(2) of that 
Act are appropriated and shall be available until expended for 
the operation and maintenance of the Center as provided for in 
subsection 1459(g)(2). 
SEC. 8052. None of the funds appropriated in this Act may 
be used to fill the commander's position at £iny military medical 
facility with a health care professional unless the prospective can-
didate can demonstrate professional administrative skills. 
SEC. 8053. (a) None of the fimds appropriated in this Act 
may be expended by an entity of the Department of Defense unless 
the entity, in expending the funds, complies with the Buy American 
Act. For purposes of this subsection, the term "Buy American Act" 
means title III of the Act entitled "An Act making appropriations 
for the Treasury and Post Office Departments for the fiscal year 
ending June 30, 1934, and for other purposes", approved March 
3, 1933 (41 U.S.C. 10a et seq.). 
(b) If the Secretary of Defense determines that a person has 
been convicted of intentionally affixing a label bearing a "Made 
in America" inscription to any product sold in or shipped to the 
United States that is not made in America, the Secretary shall 
determine, in accordance with section 2410f of title 10, United 
States Code, whether the person should be debarred from contract-
ing with the Department of Defense. 
(c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending 
the appropriation, purchase only American-made equipment and 
products, provided that Americ£m-made equipment and products 
are cost-competitive, quality-competitive, and available in a timely 
fashion. 
SEC. 8054. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines— 
(1) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work; 
(2) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2309 
promise, represents the product of original thinking, and was 
submitted in confidence by one source; or 
(3) the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial 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 production, 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. 
SEC. 8055. (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 
(2) to pay the basic pay of a member of the Armed Forces 
or civilian employee of the department who is transferred or 
reassigned from a headquarters activity if the member or 
employee's place of duty remains at the location of that head-
quarters. 
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate 
that the granting of the waiver will reduce the personnel require-
ments or the finemcial requirements of the department. 
(c) This section does not apply to field operating agencies funded 
within the National Foreign Intelligence Program. 
SEC. 8056. Funds appropriated by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress 
for purposes of section 504 of the National Security Act of 1947 
(50 U.S.C. 414) during fiscal year 1999 until the enactment of 
the Intelligence Authorization Act for Fiscal Year 1999. 
SEC. 8057. Notwithstanding section 303 of Public Law 96-
487 or any other provision of law, the Secretary of the Navy is 
authorized to lease real and personal property at Naval Air Facility, 
Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, indus-
trial or other purposes: Provided, That notwithstanding any other 
provision of law, the Secretary of the Navy may remove hazardous 
materials from facilities, buildings, and structures at Adak, Alaska, 
and may demolish or otherwise dispose of such facilities, buildings, 
and structures. 
(RESCISSIONS) 
SEC. 8058. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded as 
of the date of the enactment of this Act from the following accounts 
and programs in the specified amounts: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1988/2001": 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$3,062,696; 
SSN-688 attack submarine progi-am, $8,146,796; 
CG-47 cruiser program, $4,000,000; 
LSD-41 cargo variant ship program, $256,141; 
LHD-1 amphibious assault ship program, $505,938; 
For craft, outfitting, and post delivery, $3,459,756; 
112 STAT. 2310 
PUBLIC LAW 105-262—OCT. 17, 1998 
Under the heading, "Shipbuilding and Conversion, Navy, 
1989/2000": 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$2,750,679; 
SSN-688 attack submarine program, $5,663,109; 
AO conversion program, $881,619; 
T-AGOS surveillance ship program, $1,989,383; 
T-AO fleet oiler program, $3,451,287; 
MHO coastal mine hunter program, $150,000; 
For craft, outfitting, and post delivery, $2,521,413; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1990/2002": 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$6,746,000; 
LSD-41 cargo variant ship program, $8,701,615; 
Aircraft 
carrier 
service 
life 
extension 
program, 
$890,209; 
For craft, outfitting, and post delivery, $2,636,339; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1991^2001": 
Service craft program, $143,740; 
LCAC landing craft air cushion program, $126,698; 
For craft, outfitting, and post delivery, $1,549,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/2001": 
For craft, outfitting, and post delivery, $3,307,524; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1993/2002": 
For craft, outfitting, and post delivery, $4,540,746. 
"Missile Procurement, Air Force, 1997/1999", $8,000,000; 
"Research, Development, Test and Evaluation, Defense-
Wide, 1997/1998", $67,000,000; 
"Missile Procurement, Army, 1998/2000", $12,800,000; 
"Procurement of Weapons and Tracked Combat Vehicles, 
Army, 1998/2000", $6,700,000; 
"Other Procurement, Army, 1998/2000", $24,000,000; 
"Weapons Procurement, Navy, 1998/2000", $2,000,000; 
"Procurement of Ammunition, Navy and Marine Corps, 
1998/2000", $12,560,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1998/2002"* 
CVN refuelings, $35,000,000; 
"Other Procurement, Navy, 1998/2000", $28,500,000; 
"Aircraft Procurement, Air Force, 1998/2000", $8,934,000; 
"Missile Procurement, Air Force, 1998/2000", $4,200,000; 
"Procurement of Ammunition, Air Force, 1998/2000", 
$14,106,000; 
"Other Procurement, Air Force, 1998/2000", $3,508,000; 
"Research, Development, Test and Evaluation, Navy, 1998/ 
1999", $20,500,000; 
"Research, Development, Test and Evaluation, Air Force, 
1998/1999", $17,620,000; 
"National Defense Sealift Fund, Public Law 104-208", 
$65,000,000; and 
"National Defense Sealift Fund, Public Law 104^61", 
$20,000,000. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2311 
SEC. 8059. None of the funds available in this Act may be 
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army 
Reserve and Air Force Reserve for the purpose of applying any 
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure. 
SEC. 8060. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
to the Democratic People's Republic of North Korea unless specifi-
cally appropriated for that purpose. 
SEC. 8061. During the current fiscal year, funds appropriated 
in this Act are available to compensate members of the National 
Guard for duty performed pursuant to a plan submitted by a Grov-
emor of a State and approved by the Secretary of Defense under 
section 112 of title 32, United States Code: Provided, That during 
the performance of such duty, the members of the National Guard 
shall be under State command and control: Provided further. That 
such duty shall be treated as full-time National Guard duty for 
purposes of sections 12602(a)(2) and (b)(2) of title 10, United States 
Code. 
SEC. 8062. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Unified and Specified 
Commands and Defense Agencies shall be available for reimburse-
ment 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 
intelligence or counterintelligence support to Unified Commands, 
Defense Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Foreign Intel-
ligence Program (NFIP), the Joint Military^ Intelligence Program 
(.mlP), and the Tactical Intelligence and Related Activities (TIARA) 
aggregate: Provided, That nothing in this section authorizes devi-
ation from established Reserve and National Guard personnel and 
training procedures. 
SEC. 8063. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical 
and medical support personnel assigned to military treatment facili-
ties below the September 30, 1998 level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population 
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and 
capitation-based budgeting. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8064. None of the funds appropriated in this Act may 
be transferred to or obligated from the Pentagon Reservation 
Maintenance Revolving Fund, unless the Secretary of Defense cer-
tifies that the total cost for the planning, design, construction 
and installation of equipment for the renovation of the Pentagon 
Reservation will not exceed $1,118,000,000. 
SEC. 8065. (a) None of the funds available to the Department 
10 USC 374 note. 
of Defense for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law. 
59-194 O - 98 - 16 : QL 3 Part 3 
112 STAT. 2312 
PUBLIC LAW 105-262—OCT. 17, 1998 
50USC403f 
(b) None of the funds available to the Central Intelligence 
note. 
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 appropria-
tions law. 
(TRANSFER OF FUNDS) 
SEC. 8066. Appropriations available in this Act under the head-
ing "Operation and Maintenance, Defense-Wide" for increasing 
energy and water efficiency in Federal buildings may, during their 
period of availability, be transferred 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 period, 
as the appropriation or fund to which transferred. 
SEC. 8067. 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: Pro-
vided, That the Secretary of the military department responsible 
for such procurement may waive this restriction on a case-by-
case basis by certifjdng in writing to the Committees on Appropria-
tions 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 pur-
poses. 
SEC. 8068. 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 not-
withstanding 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 nonreimbursable 
basis, to the Indian Health Service when it is in conjunction with 
a civil-military project. 
SEC. 8069. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense 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 available from United States manufacturers. 
SEC. 8070. Notwithstanding any other provision of law, the 
Naval shipyards of the United States shall be eligible to participate 
in any manufacturing extension program financed by funds appro-
priated in this or any other Act. 
SEC. 8071. 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 contiguous 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 
purpose of performing that portion of the contract in such State 
that is not contiguous with another State, individuals who are 
residents of such State and who, in the case of any craft or trade, 
possess or would be able to acquire promptly the necessary skills: 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2313 
Provided, That the Secretary of Defense may waive the require-
ments of this section, on a case-by-case basis, in the interest of 
national security. 
SEC. 8072. 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. 
SEC. 8073. (a) The Secretary of Defense shall submit, on a Reports, 
quarterly basis, a report to the congressional defense committees, 
the Committee on International Relations of the House of Rep-
resentatives 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 Secu-
rity Council, including any such resolution calling for international 
sanctions, international peacekeeping operations, and humanitarian 
missions undertaken by the Department of Defense. The quarterly 
report shall include an aggregate of all such Department of Defense 
costs by operation or mission. 
(b) The Secretary of Defense shall detail in the quarterly reports 
all efforts made to seek credit against past United Nations expendi-
tures and all efforts made to seek compensation from the United 
Nations for costs incurred by the Department of Defense in 
implementing and supporting United Nations activities. 
SEC. 8074. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES 
AND SERVICES.—^Notwithstanding any other provision of law, none 
of the funds available to the Department of Defense for the current 
fiscal year may be obligated or expended to transfer to another 
nation or an international organization any defense articles or 
services (other than intelligence services) for use in the activities 
described in subsection (b) unless the congressional defense commit-
tees, the Committee on International Relations 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— 
Applicability. 
(1) any international peacekeeping or peace-enforcement 
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-enforce-
ment, 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 equipment or 
supplies— 
(A) a statement of whether the inventory requirements 
of all elements of the Armed Forces (including the reserve 
components) for the tjrpe of equipment or supplies to be 
transferred have been met; and 
112 STAT. 2314 
PUBLIC LAW 105-262—OCT. 17, 1998 
Loans. 
Reports. 
(B) a statement of whether the items proposed to be 
transferred will have to be replaced and, if so, how the 
President proposes to provide funds for such replacement. 
SEC. 8075. To the extent authorized by subchapter VI of chapter 
148 of title 10, United States Code, the Secretary of Defense shall 
issue loan guarantees in support of United States defense exports 
not otherwise provided for: Provided, That the total contingent 
liability of the United States for guarantees issued under the 
authority of this section may not exceed $15,000,000,000: Provided 
further, That the exposure fees charged and collected by the Sec-
retary for each guarantee, shall be paid by the country involved 
and shall not be financed as part of a loan guaranteed by the 
United States: Provided further, That the Secretary shall provide 
quarterly reports to the Committees on Appropriations, Armed Serv-
ices and Foreign Relations of the Senate and the Committees on 
Appropriations, National Security £ind International Relations in 
the House of Representatives on the implementation of this pro-
gram: Provided further. That amounts charged for administrative 
fees and deposited to the special account provided for under section 
2540c(d) of title 10, shall be available for paying the costs of 
administrative expenses of the Department of Defense that are 
attributable to the loan guarantee program imder subchapter VI 
of chapter 148 of title 10, United States Code. 
SEC. 8076. None of the funds available to the Department 
of Defense shall be obligated or expended to make a financial 
contribution to the United Nations for the cost of an United Nations 
peacekeeping activity (whether pursuant to assessment or a vol-
untary contribution) or for payment of any United States arrearage 
to the United Nations. 
SEC. 8077. None of the funds available to the Department 
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 associated 
with a business combination. 
SEC. 8078. (a) None of the fiinds appropriated or otherwise 
made available in this Act may be used to transport or provide 
for the transportation of chemical munitions or agents to the John-
ston Atoll for the purpose of storing or demilitarizing such muni-
tions or agents. 
(b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical munition or agent of the United 
States found in the World War II Pacific Theater of Operations. 
(c) The President may suspend the application of subsection 
(a) during a period of war in which the United States is a party. 
SEC. 8079. 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. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2315 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8080. During the current fiscal year, no more than 
$10,000,000 of appropriations made in this Act under the heading 
"Operation and Maintenance, Defense-Wide" may be transferred 
to appropriations available for the pay of military personnel, to 
be merged with, and to be available for the same time period 
as the appropriations to which transferred,, to be used in support 
of such personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 
pursuant to section 2012 of title 10, United States Code. 
SEC. 8081. For purposes of section 1553(b) of title 31, United Applicability. 
States Code, any subdivision of appropriations made in this Act 
under the heading "Shipbuilding and Conversion, Navy" shall be 
considered to be for the same purpose as any subdivision under 
the heading "Shipbuilding and Conversion, Navy* appropriations 
in any prior year, and the 1 percent limitation shall apply to 
the total amount of the appropriation. 
SEC. 8082. 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 expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation 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 closed account before 
the end of the period of availability 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 obligation is 
not chargeable to a current appropriation of the Department 
of Defense under the provisions of section 1405(b)(8) of the 
National Defense Authorization Act for Fiscal Year 1991, Public 
Law 101-510, as amended (31 U.S.C, 1551 note): Provided, 
That in the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a negative 
unliquidated or unexpended balance in the account, any charge 
to a current account under the authority of this section shall 
be reversed and recorded against the expired account: Provided 
further. That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to 
1 percent of the total appropriation for that account. 
(TRANSFER OF FUNDS) 
SEC. 8083. Upon enactment of this Act, the Secretary 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 which transferred, and for the same time 
period as the appropriation from which transferred: Provided fur-
ther. That the amounts shall be transferred between the following 
appropriations in the amount specified: 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1988/2001": 
112 STAT. 2316 
PUBLIC LAW 105-262—OCT. 17, 1998 
TRIDENT ballistic missile submarine program, 
$2,674,000; 
SSN-688 attack submarine program, $32,232,000; 
CG-47 cruiser program, $10,886,000; 
Carrier replacement program, $40,360,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$3,001,000; 
LSD-41 cargo variant ship program, $790,000; 
To: 
Under the heading, ''Shipbuilding and Conversion, 
Navy, 1995/2001": 
Carrier replacement program, $89,943,000; 
From: 
Under the heading, ''Shipbuilding and Conversion, 
Navy, 1989/2000": 
TRIDENT ballistic missile submarine program, 
$3,028,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$2,153,000; 
MHC coastal minehimter program, $1,298,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2000": 
Carrier replacement program, $6,479,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1990/2002": 
TRIDENT ballistic missile submarine program, 
$10,796,000; 
SSN-688 attack submarine program, $1,000,000; 
DDCr-51 destroyer program, $5,066,000; 
LCAC landing craft, air cushioned program, 
$509,000; 
MCM 
mine 
coimtermeasures 
ship 
program, 
$1,200,000; 
AOE combat support ship program, $1,674,000; 
AO(J)jumboized oiler program, $1,899,000; 
Oceanographic research program, $394,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2002": 
Carrier replacement program, $22,538,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1991/2001": 
DDG-51 destroyer program, $1,500,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$7,500,000; 
LSD-41 cargo variant ship program, $1,227,000; 
LCAC lanSng 
craft, air cushioned program, 
$392,000; 
MHC coastal minehunter program, $2,400,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1991/2001": 
SSN-21 attack submarine program, $13,019,000; 
From: 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2317 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1992/2001": 
Prior year escalation, $52,934,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1991^2001": 
SSN-21 attack submarine program, $16,967,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1994/2001": 
MCS(C) mine warfare command and control ship 
program, $5,729,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2001": 
DDGr-51 destroyer program, $24,261,000; 
Carrier replacement program, $5,977,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1993/2002": 
AOE combat support ship program, $7,753,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2002": 
DDG-51 destroyer program, $7,753,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1996/2000": 
SSN-21 attack submarine program, $26,526,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2000": 
DDG-51 destroyer program, $368,000; 
Under the heading. 
Shipbuilding and Conversion, 
Navy, 1996/2000": 
DDGr-51 destroyer program, $2,756,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$21,850,000; 
Fast Patrol craft program, $345,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1997/2000": 
AGrOR SWATH oceanographic research program, 
$1,207,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1998/2002": 
DDG-51(AP) destroyer program, $9,009,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1998/2002": 
DDG-51 destroyer program, $9,009,000. 
SEC, 8084. The Under Secretary of Defense (Comptroller) shall Deadline, 
submit to the congressional defense committees by February 1, Reports. 
1999 a detailed report identifying, by amoimt 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 2000 budget request was reduced because 
Congress appropriated funds above the Prcssident's budget request 
for that specific activity for fiscal year 1999. 
112 STAT. 2318 
PUBLIC LAW 105-262—OCT. 17, 1998 
SEC. 8085. Funds appropriated in title II of this Act for super-
vision and administration costs for facilities maintenance and 
repair, minor construction, or design projects may be obligated 
at the time the reimbursable order is accepted by the performing 
activity: Provided, That for the purpose of this section, supervision 
and administration costs includes all in-house Government cost. 
SEC. 8086. The Secretary of Defense may waive reimbursement 
of the cost of conferences, seminars, courses of instruction, or similar 
educational activities of the Asia-Pacific Center for Security Studies 
for military officers and civilian officials of foreign nations if the 
Secretary determines that attendance by such personnel, without 
reimbursement, is in the national security interest of the United 
States: Provided, That costs for which reimbursement is waived 
pursuant to this subsection shall be paid from appropriations avail-
able for the Asia-Pacific Center. 
SEC. 8087. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance 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 reimbursement for such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be credited 
to funds available for the Nationgd Guard Distance Learning Project 
and be available to defray the 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. 8088. 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 Kaiserslautem Military Community in the Federal Republic 
of Germany: Provided, That in the City of Kaiserslautem such 
agreements will include the use of United States anthracite as 
the base load energy for municipal district heat to the United 
States Defense installations: Provided further. That at LandstuhJ 
Army Regional Medical Center and Ramstein Air Base, furnished 
heat may be obtained from private, regional or municipal services, 
if provisions are included for the consideration of United States 
coal as an energy source. 
SEC, 8089. During the current fiscal year, the amounts which 
are necessary for the operation and maintenance of the Fisher 
Houses administered by the Departments of the Army, the Navy, 
and the Air Force are hereby appropriated, to be derived from 
amounts which are available in the applicable Fisher House trust 
fund established under 10 U.S.C. 2221 for the Fisher Houses of 
each such department. 
SEC. 8090. During the current fiscal year, refunds attributable 
to the use of the Government travel card by military personnel 
and civilian employees of the Department of Defense and refunds 
attributable to official Grovemment travel arrsinged by Grovemment 
Contracted Travel Management Centers may be credited to oper-
ation and maintenance accounts of the Department of Defense 
which are current when the refunds are received. 
SEC. 8091. 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 Work-
ing Capital Fund, Department of Defense Working Capital Funds, 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2319 
to the credit of current applicable appropriations of a Department 
of Defense activity in connection with the acquisition of critical 
low density repairables that are capitalized into the Navy Working 
Capital Fund. 
SEC. 8092. 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 operation of the military depart-
ment or defense agency with which the invoice or contract payment 
is associated. 
SEC. 8093. At the time the President submits his budget for Budget, 
fiscal year 2000 and any fiscal year thereafter, the Department 
10 USC 221 note, 
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 Defense for military personnel in any budget 
request, or amended budget request, for that fiscal year. 
SEC. 8094. None of the funds appropriated in title IV of this 
Act may be used to procure end-items for delivery to military 
forces for operational training, operational use or inventory require-
ments: Provided, That this restriction does not apply to end-items 
used in development, prototyping, and test activities preceding and 
leading to acceptance for operational use: Provided further, That 
this restriction 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. 8095. The budget of the President for fiscal year 2000 Budget, 
submitted to Congress pursuant to section 1105 of title 31, United 10 USC 221 note. 
States Code, and each annual budget request thereafter, shall 
include budget activity groups (known as "subactivities") in all 
appropriations accounts provided in this Act, as may be necessary, 
to separately identify all costs incurred by the Department of 
Defense to support the North Atlantic Treaty Organization and 
all Partnership For Peace programs and initiatives. The budget 
justification materials submitted to Congress in support of the 
budget of the Department of Defense for fiscal year 2000, and 
subsequent fiscal years, shall provide complete, detailed estimates 
for all such costs. 
SEC. 8096. 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 reporting 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 1998 or a subsequent year. 
SEC. 8097. None of the finds made available in this Act may 
be used to approve or license the sale of the F-22 advanced tactical 
fighter to any foreign government. 
SEC. 8098. None of the funds appropriated or otherwise made 
available by this Act may be made available for the United States 
Man and the Biosphere Program, or related projects. 
SEC. 8099. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each limitation 
on the procurement of defense items from foreign sources provided 
112 STAT. 2320 
PUBLIC LAW 105-262—OCT. 17, 1998 
Applicability. 
Contracts. 
Notification. 
in law if the Secretary determines that the appUcation of the 
Hmitation with respect to that country would invalidate cooperative 
programs entered into between the Department of Defense and 
the foreign country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under section 
2531 of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items produced 
in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or after 
the date of the enactment of this Act; and 
(2) options for the procurement of items that are exercised 
after such date under contracts that are entered into before 
such date if the option prices are adjusted for any reason 
other than the application of a waiver granted under subsection 
(a). 
(c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 
50-65) of the Harmonized Tariff Schedule and products classified 
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8100. Notwithstanding 31 U.S.C. 1552(a), of the funds 
provided in Department of Defense Appropriations Acts, not more 
than the specified amounts from the following accounts shall remain 
available for the pa3mtient of satellite on-orbit incentive fees until 
the fees are paid: 
"Missile Procurement, Air Force, 1995/1997", $20,978,000; 
and 
"Missile Procurement, Air Force, 1996/1998", $16,782,400. 
SEC. 8101. None of the funds in this Act may be used by 
the National Imagery and Mapping Agency for mapping, charting, 
and geodesy activities unless contracts for such services are awarded 
in accordance with the qualifications based selection process in 
40 U.S.C. 541 et seq. and 10 U.S.C. 2855: Provided, That such 
agency may continue to fund existing contracts for such services 
for not more than 180 days from the date of the enactment of 
this Act: Provided further. 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 Representa-
tives and the Senate. 
SEC. 8102. Funds made available to the Civil Air Patrol in 
this Act under the heading "Drug Interdiction and Counter-Drug 
Activities, Defense" may be used for the Civil Air Patrol Corpora-
tion's counterdrug program, including its demand reduction pro-
gram involving youth programs, as well as operational and training 
drug reconnaissance missions for Federal, State and local govern-
ment agencies; for administrative costs, including the hiring of 
Civil Air Patrol Corporation employees; for travel and per diem 
expenses of Civil Air Patrol Corporation personnel in support of 
those missions; and for equipment needed for mission support or 
performance: Provided, That of these funds, $300,000 shall be made 
available to establish and operate a distance learning program: 
Provided further. That the Department of the Air Force should 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2321 
Deadline. 
Reports. 
waive reimbursement from the Federal, State and local government 
agencies for the use of these funds. 
SEC. 8103. During fiscal year 1999, advance billing for services 
provided or work performed by the Working Capital Fund activities 
of the Department of the Air Force in excess of $100,000,000 is 
prohibited. 
SEC. 8104. The Secretary of Defense shidl undertake a review 
of all distributed learning education and training programs in the 
Department of Defense and shall issue a plan to implement a 
department-wide, standardized, cost-effective Advanced Distributed 
Learning framework to achieve the goals of commonality, interoper-
ability, and reuse: Provided, That the Secretary shall report to 
Congress on the results of this review and present a detailed 
implementation and budget plan no later than July 30, 1999. 
SEC. 8105. Notwithstanding any other provision in this Act, 
the total amount appropriated in title II is hereby reduced by 
$70,000,000 to reflect savings resulting from consolidations and 
personnel reductions as mandated in the Defense Reform Initiative. 
SEC. 8106. The Secretary of Defense shall submit to the congres- Reports 
sional defense committees an in-depth analysis comparing the cost 
of any proposed establishment or expansion of depot facilities by 
the Reserve Components to the cost of performing the same work 
at existing depot facilities or by the private sector: Provided, That 
for purposes of this section, the term "depot level maintenance" 
does not include Greneral Support Level maintenance activities. 
Intermediate Level maintenance activities, or lower echelon mainte-
nance activities. 
SEC. 8107. Notwithstanding any other provision of law, the 
TRICARE managed care support contracts in effect, or in final 
stages of acquisition as of September 30, 1998, may be extended 
for two years: Provided, That any such extension may only take 
place if the Secretary of Defense determines that it is in the best 
interest of the Grovemment: Provided further. That any contract 
extension shall be based on the price in the final best and final 
offer for the last year of the existing contract as adjusted for 
inflation and other factors mutually agreed to by the contractor 
and the Grovemment: Provided further. That notwithstanding any 
other provision of law, all future TRICARE managed care support 
contracts replacing contracts in effect, or in the final stages of 
acquisition as of September 30, 1998, may include a base contract 
period for transition and up to seven one-year option periods. 
SEC. 8108. Notwithstanding any other provision in this Act, 
the total amount appropriated in this Act is hereby reduced by 
$400,600,000 to reflect savings from revised economic assumptions, 
to be distributed as follows: 
"Operation and Maintenance, Army", $24,000,000; 
"Operation and Maintenance, Navy", $32,000,000; 
"Operation and Maintenance, Marine Corps", $4,000,000; 
"Operation and Maintenance, Air Force", $31,000,000; 
"Operation and Maintenance, Defense-Wide", $17,600,000; 
"Operation and Maintenance, Army Reserve", $2,000,000; 
"Operation and Maintenance, Navy Reserve", $2,000,000; 
"Operation 
and 
Maintenance, 
Air 
Force 
Reserve", 
$2,000,000; 
"Operation and Maintenance, Army National Guard", 
$4,000,000; 
10 use 1073 
note. 
112 STAT. 2322 
PUBLIC LAW 105-262—OCT. 17, 1998 
"Operation 
and 
Maintenance, 
Air 
National 
Guard", 
$4,000,000; 
"Drug Interdiction and Counter-Drug Activities, Defense", 
$2,000,000; 
"Environmental Restoration, Army", $1,000,000; 
"Environmental Restoration, Navy", $1,000,000; 
"Environmental Restoration, Air Force", $1,000,000; 
"Environmental Restoration, Defense-Wide", $1,000,000; 
"Defense Health Program", $36,000,000; 
"Aircraft Procurement, Army", $4,000,000; 
"Missile Procurement, Army"', $4,000,000; 
"Procurement of Weapons and Tracked Combat Vehicles, 
Army", $4,000,000; 
"Procurement of Ammunition. Army", $3,000,000; 
"Other Procurement, Army", $9,000,000; 
"Aircraft Procurement, Navy", $22,000,000; 
"Weapons Procurement, Navy", $4,000,000; 
"Procurement of Ammunition, Navy and Marine Corps", 
$1,000,000; 
"Shipbuilding and Conversion, Navy", $ 18,000,000; 
"Other Procurement, Navy", $12,000,000; 
"Procurement, Marine Corps", $2,000,000; 
"Aircraft Procurement, Air Force", $23,000,000; 
"Missile Procurement, Air Force", $7,000,000; 
"Procurement of Ammunition, Air Force", $1,000,000; 
"Other Procurement, Air Force", $17,500,000; 
"Procurement, Defense-Wide", $5,800,000; 
"Chemical Agents and Munitions Destruction, Army", 
$3,000,000; 
"Research, Development, Test and Evaluation, Army", 
$10,000,000; 
"Research, Development, Test and Evaluation, Nav/', 
$20,000,000; 
"Research, Development, Test and Evaluation, Air Force", 
$39,000,000; and 
"Research, Development, Test and Evaluation, Defense-
Wide", $26,700,000: 
Provided, That these reductions shall be applied proportionally 
to each budget activity, activity group and subactivity group and 
each program, project, and activity within each appropriation 
account. 
President. 
S E C . 8109. (a) DISPOSAL OF CERTAIN MATERIALS IN NATIONAL 
50 use 98d note. DEFENSE STOCKPILE.—Subject to subsection (c), the President shall 
dispose of materials contained in the National Defense Stockpile 
and specified in the table in subsection (b) so as to result in 
receipts to the United States in the amount of $100,000,000 by 
the end of fiscal year 1999. 
(b) DISPOSAL QUANTITIES.—The total quantities of materials 
authorized for disposal by the President under subsection (a) may 
not exceed the amounts set forth in the following table: 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2323 
Authorized Stockpile Disposals 
Material for disposal 
Quantity 
Beryllium Metal 
20 short tons 
Chromium Ferroalloy 
,. 25,000 short tons 
Columbium Carbide Powder 
21,372 pounds of con-
tained Columbium 
Diamond, Stones 
600,000 carats 
Platinum 
100,000 troy ounces 
Platiniun—Palladiiun 
150,000 troy ounces 
Tantalum Carbide Powder 
22,688 pounds of con-
tained Tantalum 
Tantaltun Metal Ingots 
25,000 pounds of con-
tained Tantalum 
Tantalum Metal Powder 
25,000 pounds of con-
tained Tantalum 
(c) MINIMIZATION OF DISRUPTION AND LOSS.—The President 
may not dispose of materials under subsection (a) to the extent 
that the disposal will result in— 
(1) undue disruption of the usual markets of producers, 
processors, and consumers of the materials proposed for dis-
posal; or 
(2) avoidable loss to the United States. 
(d) TREATMENT OF RECEIPTS.—^Notwithstanding section 9 of 
the Strategic and Criticgd Materials Stock Piling Act (50 U.S.C. 
98h), funds received as a result of the disposal of materials author-
ized for disposal under subsection (a) shall be deposited into the 
general fund of the Treasury. 
(e) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—(1) 
The 
disposal authority provided in subsection (a) is new disposal author-
ity and is in addition to, and shall not affect, any other disposal 
authority provided by law regarding the materials specified in such 
subsection. 
(2) The disposal authority provided in subsection (a) is referred 
to in section 3303 of the National Defense Authorization Act for 
Fiscal Year 1999, and the quantities of the materials specified 
in the table in subsection (b) are included in the quantities specified 
in the table in subsection (b) of such section 3303. 
(f) DEFINITION.—In this section, the term "National Defense 
Stockpile" means the stockpile provided for in section 4 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c). 
SEC. 8110. (a) TRANSFERS OF VESSELS BY GRANT.—The Sec-
retary of the Navy is authorized to transfer vessels to foreign 
countries on a grant basis under section 516 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2321j) as follows: 
(1) To the Government of Argentina, the NEWPORT class 
tank landing ship NEWPORT (LST 1179). 
(2) To the Government of Greece— 
(A) the KNOX class frigate HEPBURN (FF 1055); and 
(B) the ADAMS class guided missile 
destroyers 
STRAUSS (DDG 16), SEMMS (DDG 18), and WADDELL 
(DDG 24). 
(3) To the Government of Portugal, the STALWART class 
ocean surveillance ship ASSURANCE (T-AGOS 5). 
112 STAT. 2324 
PUBLIC LAW 105-262—OCT. 17, 1998 
(4) To the Government of Turkey, the KNOX class frigates 
PAUL (FF 1080), MILLER (FF 1091), and W.S. SIMMS (FF 
1059). 
(b) TRANSFERS OF VESSELS BY SALE.—The Secretary of the 
Navy is authorized to transfer vessels to foreign countries on a 
sales basis under section 21 of the Arms Export Control Act (22 
U.S.C. 2761) as follows: 
(1) To the Government of Brazil, the NEWPORT class 
tank landing ships CAYUGA (LST 1186) and PEORIA (LST 
1183). 
(2) To the Government of Chile— 
(A) the NEWPORT class tank landing ship SAN 
BERNARDINO (LST 1189); and 
(B) the auxiUary repair dry dock WATERFORD (ARD 
5). 
(3) To the Government of Greece— 
(A) the OAK RIDGE class medium dry dock 
ALAMAGORDO (ARDM 2); and 
(B) the KNOX class frigates VREELAND (FF 1068) 
and TRIPPE(FF 1075). 
(4) To the Government of Mexico— 
(A) the auxiliary repair dry dock SAN ONOFRE (ARD 
30); and 
(B) the KNOX class frigate PHARRIS (FF 1094). 
(5) To the Government of the Philippines, the STALWART 
class ocean surveillance ship TRIUMPH (T-AGOS 4). 
(6) To the Government of Spain, the NEWPORT class 
tank landing ships HARLAN COUNTY (LST 1196) and 
BARNSTABLE COUNTY (LST 1197). 
(7) To the Taipai Economic and Cultural Representative 
Office in the United States (the Taiwan instrumentality that 
is designated pursuant to section l(Ka) of the Taiwan Relations 
Act)— 
(A) the KNOX class frigates PEARY (FF 1073), 
JOSEPH HEWES (FF 1078), COOK (FF 1083), BREWTON 
(FF 1086), KIRK (FF 1987), and BARBEY (FF 1088); 
(B) the NEWPORT class tank landing ships 
MANITOWOC (LST 1180) and SUMTER (LST 1181); 
(C) the floating dry dock COMPETENT (AFDM 6); 
and 
(D) the ANCHORAGE class dock landing ship PENSA-
COLA(LSD38). 
(8) To the Government of Turkey— 
(A) the OLIVER HAZARD PERRY class guided missile 
frigates MAHLON S. TISDALE (FFG 27), REID (FFG 30), 
and DUNCAN (FFG 10); and 
(B) the KNOX class frigates REASONER (FF 1063), 
FANNING (FF 1076), BOWEN (FF 1079), MCCANDLESS 
(FF 1084), DONALD BEARY (FF 1085), AINSWORTH (FF 
1090), THOMAS C. HART (FF 1092), and CAPODANNO 
(FF 1093). 
(9) To the Government of Venezuela, the medium auxiliary 
floating dry dock bearing hull number AFDM 2. 
(c) TRANSFERS OF VESSELS ON A COMBINED LEASE-SALE BASIS.— 
The Secretary of the Navy is authorized to transfer vessels to 
foreign countries on a combined lease-sale basis under sections 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2325 
61 and 21 of the Arms Export Control Act (22 U.S.C. 2796, 2761) 
and in accordance with subsection (d) as follows: 
(1) To the Government of Brazil, the CIMARRON class 
oiler MERRIMACK (AO 179). 
(2) To the Government of Greece, the KIDD class guided 
missile destroyers KIDD (DDG 993), C/J.LAGHAN (DDG 994), 
SCOTT (DDG 995), and CHANDLER (DDG 996). 
(d) CONDITIONS RELATING TO COMBINED LEASE-SALE TRANS-
FERS.—A transfer of a vessel on a combined lease-sale basis author-
ized by subsection (c) shall be made in accordance with the following 
requirements: 
(1) The Secretary may initially transfer the vessel by lease, 
with lease payments suspended for the term of the lease, if 
the country entering into the lease for the vessel simultaneously 
enters into a foreign military sales agreement for the transfer 
of title to the vessel. 
(2) The Secretary may not deliver to the purchasing country 
title to the vessel until the purchase price of the vessel under 
such a foreign military sales agreement is paid in full. 
(3) Upon payment of the purchase price in full under such 
a sales agreement and delivery of title to the recipient country, 
the Secretary shall terminate the lease. 
(4) If the purchasing country fails to make full payment 
of the purchase price in accordance with the sales agreement 
by the date required under the sales agreement— 
(A) the sales agreement shall be immediately termi-
nated; 
(B) the suspension of lease payments under the lease 
shall be vacated; and 
(C) the United States shall be entitled to retain all 
funds received on or before the date of the termination 
under the sales agreement, up to the amount of the lease 
payments due and payable under the lease and all other 
costs required by the lease to be paid to that date. 
(5) If a sales agreement is terminated pursuant to para-
graph (4), the United States shall not be required to pay any 
interest to the recipient country on any amount paid to the 
United States by the recipient country under the sales agree-
ment and not retained by the United States under the lease. 
(e) FUNDING FOR CERTAIN COSTS OF TRANSFERS.—There is 
established in the Treasury of the United States a special account 
to be known as the Defense Vessels Transfer Program Account. 
There is hereby appropriated into that account such sums as may 
be necessary for the costs (as defined in section 502 of the Congres-
sional Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale transfers 
authorized by subsection (c). Funds in that account are available 
only for the purpose of covering those costs. 
(f) NOTIFICATION OF CONGRESS.—Not later than 30 days after Deadline, 
the date of the enactment of this Act, the Secretary of the Navy 
shall submit to Congress, for each naval vessel that is to be trans-
ferred under this section before January 1, 1999, the notifications 
required under section 516 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321J) and section 525 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public 
Law 105-118; 111 Stat. 2413). 
(g) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED 
EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to 
112 STAT. 2326 
PUBLIC LAW 105-262—OCT. 17, 1998 
another country on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 232Ij) pursuant to authority 
provided by subsection (a) shall not be counted for the purposes 
of subsection (g) of that section in the aggregate value of excess 
defense articles transferred to countries under that section in any 
fiscal year. 
(h) COSTS OF TRANSFERS.—^Any expense incurred by the United 
States in connection with a transfer authorized by this section 
shall be charged to the recipient (notwithstanding section 516(e)(1) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(l)) in 
the case of a transfer authorized to be made on a grant basis 
under subsection (a)). 
(i) REPAIR AND REFURBISHMENT IN UNITED 
STATES 
SHIP-
YARDS.—-To the maximum extent practicable, the Secretary of the 
Navy shall require, as a condition of the transfer of a vessel under 
this section, that the country to which the vessel is transferred 
have such repair or refurbishment of the vessel as is needed, 
before the vessel joins the naval forces of that country, performed 
at a shipyard located in the United States, including a United 
States Navy shipyard. 
(j) EXPIRATION OF AUTHORITY.—^The authority to transfer a 
vessel under this section shall expire at the end of the two-year 
period beginning on the date of the enactment of this Act, 
SEC. 8111. None of the funds in this Act may be used to 
compensate an employee of the Department of Defense who initiates 
a new start program without notification to the Office of the Sec-
retary of Defense and the congressional defense committees, as 
required by Department of Defense financial management regula-
tions. 
SEC. 8112. None of the funds made available by this Act shall 
be used by the Army to reduce civilian personnel workforce levels 
at United States Army, Pacific (USARPAC) bases and at Major 
Range and Test Facility Bases (MRTFBs) in the United States 
in fiscal year 1999 below levels assumed in this Act unless the 
Secretary of the Army notifies the Congressional defense committees 
not less than 30 days prior to implementation of any civilian person-
nel workforce reductions. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8113. Of the funds made available under title II of this 
Act, the following amounts shall be transferred to the Defense 
Working Capital Funds for the purpose of funding operations of 
the Defense Commissary Agency: 
"Operation and Maintenance, Army", $338,400,000; 
"Operation and Maintenance, Nav/', $255,000,000; 
"Operation and Maintenance, Marine Corps", $86,600,000; 
and 
"Operation and Maintenance, Air Force", $302,071,000: 
Provided, That the transfer authority provided in this section is 
in addition to any other transfer authority contained elsewhere 
in this Act. 
SEC. 8114. Of the amounts made available in title II of this 
Act under the heading "Operation and Maintenance, Navjr", 
$20,000,000 is available only for emergency and extraordinary 
expenses associated with the accident involving a United States 
Marine Corps A-6 aircraft on February 3, 1998, near Cavalese, 
Italy: Provided, That these funds shall remain available until 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2327 
expended: Provided further, That notwithstanding any other provi-
sion of law, the funds made available by this section may be 
available for payments to persons, communities, or other entities 
in Italy for reimbursement for property damages resulting from 
the accident involving a United States Marine Corps A-6 aircraft 
on February 3, 1998, near Cavalese, Italy: Provided further. That 
notwithstanding any other provision of law, funds made available 
under this section may be used to rebuild or replace the funicular 
system in Cavalese destroyed on February 3, 1998 by that aircraft: 
Provided further. That any amount paid to any individual or entity 
from the amount appropriated under this section shall be credited 
against any amount subsequently determined to be payable to 
that individual or entity under chapter 163 of title 10, United 
States Code, section 127 of that title, or any other authority pro-
vided by law for administrative settlement of claims against the 
United States with respect to damages arising from the accident 
described in this section: Provided further. That payment of an 
amount under this section shall not be considered to constitute 
a statement of legal liability on the part of the United States 
or otherwise to prejudge any judicial proceeding or investigation 
arising from the accident described in this section: Provided further. 
That no part of any pajonent authorized by this section shall 
be paid to or received by agents or attorneys for services rendered 
in connection with obtaining such payment, any contract to the 
contrary notwithstanding. 
SEC. 8115. (a) None of the funds appropriated or otherwise 
made available under this Act may be obligated or expended for 
any additional deployment of forces of the Armed Forces of the 
United States to Yugoslavia, Albania, or Macedonia unless and 
until the President, after consultation with the Speaker of the 
House of Representatives, the Majority Leadei' of the Senate, the 
Minority Leader of the House of Representatives, and the Minority 
Leader of the Senate, transmits to Congress a report on the deploy-
ment that includes the following: 
(1) The President's certification that the presence of those 
forces in each country to which the forces are to be deployed 
is necessary in the national security interests of the United 
States. 
(2) The reasons why the deployment is in the national 
security interests of the United States. 
(3) The number of United States military personnel to 
be deployed to each country. 
(4) The mission and objectives of forces to be deployed. 
(5) The expected schedule for accomplishing the objectives 
of the deployment. 
(6) The exit strategy for United States forces engaged in 
the deplo5mtient. 
(7) llie costs associated with the deplojment and the fimd-
ing sources for pa3dng those costs. 
(8) The anticipated effects of the deployment on the morale, 
retention, and effectiveness of United States forces. 
(b) Subsection (a) does not apply to a deployment of forces— 
(1) in accordance with United Nations Security Council 
Resolution 795; or 
(2) under circumstances determined by the President to 
be an emergency necessiteting immediate deplo3anent of the 
forces. 
President. 
Reports. 
Certification. 
112 STAT. 2328 
PUBLIC LAW 105-262—OCT. 17, 1998 
(c) Nothing in this section shall be deemed to restrict the 
authority of the President under the Constitution to protect the 
lives of United States citizens. 
SEC. 8116. (a) ENSURING YEAR 2000 COMPLIANCE OF INFORMA-
TION TECHNOLOGY AND NATIONAL SECURITY SYSTEMS.—None of the 
funds appropriated or otherwise made available by this Act may 
(except as provided in subsection (b)) be obligated or expended 
on the development or modernization of any information technology 
or national security system of the Department of Defense in use 
by the Department of Defense (whether or not the system is a 
mission critical system) if the date-related data processing capabil-
ity of that system does not meet certification level la, lb, or 2 
(as prescribed in the April 1997 publication of the Department 
of Defense entitled "Year 2000 Management Plan"). 
(b) EXCEPTION FOR CERTAIN INFORMATION TECHNOLOGY AND 
NATIONAL SECURITY SYSTEMS.—The limitation in subsection (a) does 
not apply to an obligation or expenditure for an information tech-
nology or national security system that is reported to the Office 
of the Secretary of Defense by October 1, 1998, in accordance 
with the preparation instructions for the May 1998 Department 
of Defense quarterly report on the status of year 2000 compliance, 
if— 
(1) the obligation or expenditure is directly related to ensur-
ing that the reported system achieves year 2000 compliance; 
(2) the system is being developed and fielded to replace, 
before January 1, 2000, a noncompliant system or a system 
to be terminated in accordance with the May 1998 Department 
of Defense quarterly report on the status of year 2000 compli-
ance; or 
(3) the obligation or expenditure is required for a particular 
change that is specifically required by law or that is specifically 
directed by the Secretary of Defense. 
(c) UNALLOCATED REDUCTIONS OF FUNDS NOT TO APPLY TO 
MISSION CRITICAL SYSTEMS.—^Funds appropriated or otherwise 
made available by this Act for mission critical systems are not 
subject to any unallocated reduction of funds made by or otherwise 
applicable to fimds appropriated or otherwise made available by 
this Act. 
(d) 
CURRENT SERVICES OPERATIONS NOT AFFECTED.—Sub-
section (a) does not prohibit the obligation or expenditure of funds 
for current services operations of information technology and 
national security systems. 
(e) WAIVER AUTHORITY.—The Secretary of Defense may waive 
subsection (a) on a case-by-case basis with respect to an information 
technology or national security system if the Secretary provides 
the congressional defense committees with written notice of the 
waiver, including the reasons for the waiver and a timeline for 
the testing and certification of the system as year 2000 compliant. 
Deadline. 
(f) REQUIRED REPORT.—(1) Not later than December 1, 1998, 
the Secretary of Defense shall submit to the congressional defense 
committees a report describing— 
(A) an executable strategy to be used throughout the 
Department of Defense to test information technology and 
national security systems for year 2000 compliance (to include 
functional capability tests and military exercises); 
(B) the plans of the Department of Defense for ensuring 
that adequate resources (such as testing facilities, tools, and 
PUBLIC LAW 105-262-OCT. 17, 1998 
112 STAT. 2329 
personnel) are available to ensure that all mission critical sys-
tems achieve year 2000 compliance; and 
(C) the criteria and process to be used to certify a system 
as year 2000 compliant. 
(2) The report shall also include— 
(A) an updated list of all mission critical systems; and Records. 
(B) guidelines for developing contingency plans for the fiinc- Guidelines, 
tioning of each information technolo^ or national security sys-
tem in the event of a year 2000 problem in any such system. 
(g) CAPABIUTY CONTINGENCY PLANS.—Not later than December Deadline. 
30, 1998, the Secretary of Defense shall have in place contingency 
plans to ensure continuity of operations for every critical mission 
or function of the Department of Defense that is dependent on 
an information technology or national security system. 
(h) INSPECTOR GENERAL EVALUATION.—The Inspector General 
of the Department of Defense shall selectively audit information 
technology and national security systems ce]*tified as year 2000 
compliant to evaluate the ability of systems to successfully operate 
during the actual year 2000, including the ability of the systems 
to access and transmit information from point of origin to point 
of termination. 
(i) DEFINITIONS.—^For purposes of this section: 
(1) The term "information technology" has the meaning 
given that term in section 5002 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401). 
(2) The term ''national security system" has the meaning 
given that term in section 5142 of such Act (40 U.S.C. 1452). 
(3) The term "development or modernization" has the mean-
ing given that term in paragraph E of section 180203 of the 
Department of Defense Financisd Management Regulation 
(DOD 7000.14-R), but does not include any matter covered 
by subparagraph 3 of that par£^raph. 
(4) The term "current services" has the meaning given 
that term in paragraph C of section 180203 of the Department 
of Defense Financial Management Regulation (DOD 7000.14-
R). 
(5) The term "mission critical system" means an informa-
tion technology or national security system that is designated 
as mission critical in the May 1998 Department of Defense 
quarterly report on the status of year 2000 compliance. 
SEC. 8117. (a) EVALUATION OF YEAR 2000 COMPLIANCE AS PART Deadline. 
OF TRAINING EXERCISES PROGRAMS.—Not later than December 15, 
1998, the Secretary of Defense shall submit to Congress a plan 
for the execution of a simulated year 2000 as part of miUtary 
exercises described in subsection (c) in order to evaluate, in an 
operational environment, the extent to which information tech-
nology and national security systems involved in those exercises 
will successfully operate during the actual year 2000, including 
the ability of those systems to access and transmit information 
from point of origin to point of termination. 
(b) EVALUATION OF COMPLIANCE IN SELECTED EXERCISES.— 
In conducting the military exercises described in subsection (c), 
the Secretary of Defense shall ensure that— 
(1) at least 25 of those exercises (refeired to in this section 
as "year 2000 simulation exercises") are conducted so as to 
include a simulated year 2000 in accordance with the plan 
submitted under subsection (a); 
112 STAT. 2330 
PUBLIC LAW 105-262—OCT. 17, 1998 
Notification. 
Records. 
Deadline. 
(2) at least two of those exercises are conducted by the 
commander of each unified or specified combatant command; 
and 
(3) all mission critical systems that are expected to be 
used if the Armed Forces are involved in a conflict in a major 
theater of war are tested in at least two exercises. 
(c) COVERED MILITARY EXERCISES.—^A military exercise referred 
to in this section is a military exercise conducted by the Department 
of Defense, during the period beginning on January 1, 1999, and 
ending on September 30, 1999— 
(1) under the training exercises program known as the 
"CJCS Exercise Program"; 
(2) at the Naval Strike and Air Warfare Center, the Army 
National Training Center, or the Air Force Air Warfare Center; 
or 
(3) as part of Naval Carrier Group fleet training or Marine 
Corps Expeditionary Unit training. 
(d) ALTERNATIVE TESTING METHOD.—In the case of an informa-
tion technology or national security system for which a simulated 
year 2000 test as part of a military exercise described in subsection 
(c) is not feasible or presents undue risk, the Secretary of Defense 
shall test the system using a functional end-to-end test or through 
a Defense Major Range and Test Facility Base. The Secretary 
shall include the plans for these tests in the plan required by 
subsection (a). Tests under this subsection are in addition to the 
25 tests required by subsection (b). 
(e) AUTHORITY FOR EXCLUSION OF SYSTEMS NOT CAPABLE OF 
PERFORMING RELIABLY IN YEAR 2000 SIMULATION.—(1) In carrying 
out a year 2000 simulation exercise, the Secretary of Defense may 
exclude a particular information technology or national security 
system from the year 2000 simulation phase of the exercise if 
the Secretary determines that the system would be incapable of 
performing reliably during the year 2000 simulation phase of the 
exercise. In such a case, the system excluded shall be replaced 
in accordance with the year 2000 contingency plan for the system. 
(2) If the Secretary of Defense excludes an information tech-
nology or national security system from the year 2000 simulation 
phase of an exercise as provided in paragraph (1), the Secretary 
shall notify Congress of that exclusion not later than two weeks 
before commencing that exercise. The notice shall include a list 
of each information technology or national security system excluded 
from the exercise, a description of how the exercise will use the 
year 2000 contingency plan for each such system, and a description 
of the effect that continued year 2000 noncompliance of each such 
system would have on military readiness. 
(3) An information technology or national security system with 
cryptological applications that is not capable of having its internal 
clock adjusted forward to a simulated later time is exempt from 
the year 2000 simulation phase of an exercise under this section. 
(f) COMPTROLLER GENERAL REVIEW.—^Not later than January 
30, 1999, the Comptroller (General shall review the report and 
E
lan submitted under subsection (a) and submit to Congress a 
riefing evaluating the methodology to be used under the plan 
to simulate the year 2000 and describing the potential information 
that will be collected as a result of implementation of the plan, 
the adequacy of the planned tests, and the impact that the plan 
will have on military readiness. 
10 use 113 note. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2331 
(g) DEFINITIONS.—^For the purposes of this section: 
(1) The term "information technologj^" has the meaning 
given that term in section 5002 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401). 
(2) The term "national security system" has the meaning 
given that term in section 5142 of such Act (40 U.S.C. 1452). 
(3) The term "mission critical system" means an informa-
tion technology or national security system that is designated 
as mission critical in the May 1998 Department of Defense 
quarterly report on the status of year 2000 compliance. 
SEC. 8118. During the current fiscal year and hereafter, no 10USC2241 
funds appropriated or otherwise available to the Department of note. 
Defense may be used to award a contract to, extend a contract 
with, or approve the award of a subcontract to any person who 
within the preceding 15 years has been convicted under section 
704 of title 18, United States Code, of the unlawful manufacture 
or sale of the Congressional Medal of Honor. 
SEC. 8119. (a) The Secretary of Defense shall submit to the Reports. 
Committees on Appropriations of the Senate and the House of 
fj?*iU^o^.l 
Representatives a report on food stamp assistance for members 
of the Armed Forces. The Secretary shall submit the report at 
the same time that the Secretary submits to Congress, in support 
of the fiscal year 2001 budget, the materials that relate to the 
funding provided in that budget for the Department of Defense. 
(b) The report shall include the following: 
(1) Tlie number of members of the Armed Forces and 
depenctents of members of the Armed Forces who are eligible 
for food stamps. 
(2) The number of members of the Armed Forces and 
dependents of members of the Armed Forces who received 
food stamps in fiscal year 1998. 
(3) A proposal for using, as a means for eliminating or 
reducing significantly the need of such personnel for food 
stamps, the authority under section 2828 of title 10, United 
States Code, to lease housing facilities for enlisted members 
of the Armed Forces and their families when Government quar-
ters are not available for such personnel. 
(4) A proposal for increased locality adjustments through 
the basic allowance for housing and other methods as a means 
for eliminating or reducing significantly the need of such 
personnel for food stamps. 
(5) Other potential alternative actions (including any rec-
ommended legislation) for eliminating or reducing significantly 
the need of such personnel for food stamps. 
(6) A discussion of the potential for each alternative action 
referred to in paragraph (3) or (4) to result in the elimination 
or a significant reduction in the need of such personnel for 
food stamps. 
(c) Each potential alternative action included in the report 
under paragraph (3) or (4) of subsection (b) shall meet the following 
requirements: 
(1) Apply only to persons referred to in paragraph (1) 
of such subsection. 
(2) Be limited in cost to the lowest amount feasible to 
achieve the objectives. 
(d) In this section: 
112 STAT. 2332 
PUBLIC LAW 105-262—OCT. 17, 1998 
(1) The term "fiscal year 2001 budget" means the budget 
for fiscal year 2001 that the President submits to Congress 
under section 1105(a) of title 31, United States Code. 
(2) The term "food stamps" means assistance under the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.). 
SEC. 8120. None of the funds appropriated or otherwise made 
available by this Act in titles III and IV may be used to enter 
into or renew a contract with any company owned, or partially 
owned, by the People's Republic of China or the People's Liberation 
Army of the People's Republic of China. 
SEC. 8121. (a) Chapter 157 of title 10, United States Code, 
is amended by inserting after section 2641 the following: 
'*§ 2641a. Transportation of American Samoa veterans on 
Department of Defense aircraft for certain medi-
cal care in Haivaii 
"(a) TRANSPORTATION AUTHORIZED.—The Secretary of Defense 
may provide transportation on Department of Defense aircraft for 
the purpose of transporting any veteran specified in subsection 
(b) between American Samoa and the State of Hawaii if such 
transportation is required in order to provide hospital care to such 
veteran as described in that subsection. 
"(b) VETERANS ELIGIBLE FOR TRANSPORT.^A veteran eligible 
for transport under subsection (a) is any veteran who— 
"(1) resides in and is located in American Samoa; and 
"(2) as determined by an official of the Department of 
Veterans Affairs designated for that purpose by the Secretary 
of Veterans Affairs, must be transported to the State of Hawaii 
in order to receive hospital care to which such veteran is 
entitled under chapter 17 of title 38, United States Code, in 
facilities of such Department in the State of Hawaii. 
"(c) ADMINISTRATION.—(1) Transportation may be provided to 
veterans under this section only on a space-available basis. 
"(2) A charge may not be imposed on a veteran for transpor-
tation provided to the veteran under this section. 
"(d) DEFINITIONS.—In this section: 
"(1) The term Veteran' has the meaning given that term 
in section 101(2) of title 38, United States Code. 
"(2) The term 'hospital care' has the meaning given that 
term in section 1701(5) of title 38, United States Code.". 
(b) The table of sections at the beginning of chapter 157 of 
such title is amended by inserting after the item relating to section 
2641 the following new item: 
"2641a. Transportation of American Samoa veterans on Department of Defense air-
craft for certain medical care in Hawaii.". 
SEC. 8122. ADDITIONAL FUNDING FOR KOREAN WAR VETERANS 
MEMORIAL. Section 3 of Public Law 99-572 (40 U.S.C. 1003 note) 
is amended by adding at the end the following: 
"(c) ADDITIONAL FUNDING.— 
"(1) IN GENERAL.—In addition to amounts made available 
under subsections (a) and (b), the Secretary of the Army may 
expend, from any funds available to the Secretary on the date 
of the enactment of this paragraph, $2,000,000 for repair of 
the memorial. 
"(2) DISPOSITION OF FUNDS RECEIVED FROM CLAIMS.—Any 
funds received by the Secretary of the Army as a result of 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2333 
10 use 7291 
note. 
any claim against a contractor in connection with construction 
of the memorial shall be deposited in the general fund of 
the Treasury.". 
SEC. 8123. Of the funds available under title VI for "Chemical 
Agents and Munitions Destruction, Army" for research and develop-
ment, $18,000,000 shall be made available for the program manager 
for the Assembled Chemical Weapons Assessment (under section 
8065 of the Department of Defense Appropriations Act, 1997) for 
demonstrations of technologies under the Assembled Chemical 
Weapons Assessment, for planning and preparation to proceed from 
demonstration of an alternative technology immediately into the 
development of a pilot-scale facility for the technology, and for 
the design, construction, and operation of a pilot facility for the 
technology. 
SEC. 8124. The Secretary of the Navy may carry out a competi-
tively awarded vessel scrapping pilot program during fiscal years 
1999 and 2000 using funds made available in this Act under the 
heading "Operation and Maintenance, Navy": Provided, That the 
Secretary of the Navy shall define the program scope sufficient 
to gather data on the cost of scrapping Government vessels and 
to demonstrate cost-effective technologies and techniques to scrap 
such vessels in a manner that is protective of worker safety and 
health and the environment. 
SEC. 8125. From within the funds provided under the heading 
"Operation and Maintenance, Army", up to $500,000 shall be avail-
able for paying subcontractors and suppliers for work performed 
at Fort Wainwright, Alaska, in 1994, under Army services contract 
number DACA85-93-C-0065. Subcontractors and suppliers are to 
be paid interest calculated in accordance with the Contract Dispute 
Act of 1978 (41 U.S.C. 601-613). 
SEC. 8126. (a) The Secretary of the Army and the Secretary 
of the Air Force may each enter into one or more multiyear leases 
of nontactical firefighting equipment, nontactical crash rescue 
equipment, or nontactical snow removal equipment. The period 
of a lease entered into under this section shall be for any period 
not in excess of 10 years. Any such lease shall provide that perform-
ance under the lease during the second and subsequent years 
of the contract is contingent upon the appropriation of funds and 
shall provide for a cancellation payment to be made to the lessor 
if such appropriations are not made. 
(b) Lease pa3mtients made under subsection (a) shall be made 
from amounts provided in this or future appropriations Acts. 
(c) This section is effective for all fiscal years beginning after 
Effective date. 
September 30, 1998. 
SEC. 8127. From within funds available for the Department 
of Defense under title VI of this Act for "Chemical Agents and 
Munitions Destruction, Arm/', or the unobligated balances of funds 
available for "Chemical Agents and 
Munitions 
Destruction, 
Defense", under any other Act making appropriations for military 
functions administered by the Department of Defense for any fiscal 
year, the Secretary of Defense may use not more than $25,000,000 
for the Assembled Chemical Weapons Assessment to complete the 
demonstration of alternatives to baseline incineration for the 
destruction of chemical agents and munitions and to carry out 
the pilot program under section 8065 of the Department of Defense 
Appropriations Act, 1997 (section 101(b) of Public Law 104-208; 
110 Stat. 3009-101; 50 U.S.C. 1521 note). The amount specified 
10 use 2401a 
note. 
112 STAT. 2334 
PUBLIC LAW 105-262—OCT. 17, 1998 
in the preceding sentence is in addition to any other amount that 
is made available under title VI of this Act to complete the dem-
onstration of the alternatives and to carry out the pilot program: 
Provided, That none of these funds shall be taken from any ongoing 
operational chemical munitions destruction programs. 
SEC. 8128. (a) FINDINGS.—The Congress finds that— 
(1) child experts estimate that as many as 250,000 children 
under the age of 18 are currently serving in armed forces 
or armed groups in more than 30 countries around the world; 
(2) contemporary armed conflict has caused the deaths 
of 2,000,000 minors in the last decade alone, and has left 
an estimated 6,000,000 children seriously injured or perma-
nently disabled; 
(3) children are uniquely vulnerable to military recruitment 
because of their emotional and physical immaturity, are easily 
manipulated, and can be drawn into violence that they are 
too young to resist or understand; 
(4) children are most likely to become child soldiers if 
they are poor, separated from their families, displaced from 
their homes, living in a combat zone, or have limited access 
to education; 
(5) orphans and refugees are particularly vulnerable to 
recruitment; 
Lord's Resistance 
(6) one of the most egregious examples of the use of child 
Anny. 
soldiers is the abduction of some 10,000 children, some as 
young as 8 years of age, by the Lord's Resistance Army (in 
this section referred to as the "LRA") in northern Uganda; 
(7) the Department of State's Country Reports on Human 
Rights Practices for 1997 reports that in Uganda the LRA 
kills, maims, and rapes large numbers of civilians, and forces 
abducted children into 'Virtual slavery as guards, concubines, 
and soldiers"; 
(8) children abducted by the LRA are forced to raid and 
loot villages, fight in the front line of battle against the Ugan-
dan army and the Sudan People's Liberation Army (SPLA), 
serve as sexual slaves to rebel commanders, and participate 
in the killing of other children who try to escape; 
(9) former LRA child captives report witnessing Sudanese 
government soldiers delivering food supplies, vehicles, ammuni-
tion, and arms to LRA base camps in government-controlled 
southern Sudan; 
(10) children who manage to escape from LRA captivity 
have little access to trauma care £md rehabilitation programs, 
and many find their families displaced, unlocatable, dead, or 
fearful of having their children return home; 
GracaMachel. 
(11) Graca Machel, the former United Nations expert on 
the impact of armed conflict on children, identified the imme-
diat« demobilization of all child soldiers as an urgent priority, 
and recommended the establishment through an optional proto-
col to the Convention on the Rights of the Child of 18 as 
the minimum age for recruitment and participation in armed 
forces; and 
(12) the International Committee of the Red Cross, the 
United Nations Children's Fund (UNICEF), the United Nations 
High Commission on Refugees, and the United Nations High 
Commissioner on Human Rights, as well as many nongovern-
mental organizations, also support the establishment of 18 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2335 
as the minimum age for military recruitment and participation 
in armed conflict. 
(b) IN GENERAL.—^The Congress hereby— 
(1) deplores the global use of child soldiers and supports 
their immediate demobilization; 
(2) condemns the abduction of Ugandan children by the 
LRA; 
(3) calls on the Government of Sudan to use its influence 
with the LRA to secure the release of abducted children and 
to halt further abductions; and 
(4) encourages the United States delegation not to block 
the drafting of an optional protocol to the Convention on the 
Rights of the Child that would establish 18 as the minimum 
age for participation in armed conflict. 
(c) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that the President and the Secretary of State should— 
(1) support efforts to end the abduction of children by 
the LRA, secure their release, and facilitate their rehabilitation 
and reintegration into society; 
(2) not block efforts to establish 18 as the minimum age 
for participation in conflict through an optional protocol to 
the Convention on the Rights of the Child; and 
(3) provide greater support to United Nations agencies 
and nongovernmental organizations working for the rehabilita-
tion and reintegration of former child soldiers into society. 
SEC. 8129. Notwithstanding any other provision of law, the 
Secretary of Defense shall obligate the funds provided for 
Counterterror Technical Support in the Department of Defense 
Appropriations Act, 1998 (under title IV of Public Law 105-56) 
for the projects and in the amounts provided for in House Report 
105-265 of the House of Representatives, One Hundred Fifth Con-
gress, First Session: Provided, That the funds available for the 
Pulsed Fast Neutron Analysis Project should be executed through 
cooperation with the Office of National Drug Control Policy. 
SEC. 8130. TRAINING AND OTHER PROGRAMS, (a) PROHIBITION.— 
None of the funds made available by this Act may be used to 
support any training program involving a unit of the security forces 
of a foreign country if the Secretary of Defense has received credible 
information from the Department of State that a member of such 
unit has committed a gross violation of human rights, unless all 
necessary corrective steps have been taken. 
(b) MONITORING.—^Not more than 90 days after the enactment 
of this Act, the Secretary of Defense, in consultation with the 
Secretary of State, shall establish procedures to ensure that prior 
to a decision to conduct any training program referred to in sub-
section (a), full consideration is given to all information available 
to the Department of State relating to human rights violations 
by foreign security forces. 
(c) WAIVER.—^The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in subsection 
(a) if he determines that such waiver is required by extraordinary 
circumstances. 
(d) REPORT.—^Not more than 15 days after the exercise of any 
waiver under subsection (c), the Secretary of Defense shall submit 
a report to the congressional defense committees describing the 
extraordinary circumstances, the purpose and duration of the train-
ing program, the United States forces and the foreign security 
Hiunan rights. 
Deadline. 
Procedures. 
Deadline. 
112 STAT. 2336 
PUBLIC LAW 105-262—OCT. 17, 1998 
forces involved in the training program, and the information relat-
ing to human rights violations that necessitates the waiver. 
SEC. 8131. Notwithstanding any other provision of law, and 
notwithstanding the provisions of section 509(b) of title 32, United 
States Code, of the funds made available for Civil Military Programs 
to the Department of Defense in this Act, not less than |62,394,000 
shall be made available for the National Guard ChalleNGe Program. 
SEC. 8132. (a) IN GENERAL.—^Notwithstanding any other provi-
sion of law, the Secretary of the Air Force may convey, without 
consideration, to Indian tribes located in the State of Montana 
relocatable military housing units located at Malmstrom Air Force 
Base, Montana, that are excess to the needs of the Air Force. 
(b) PROCESSING OF REQUESTS.—(1) The Secretary of the 
Air 
Force shall convey military housing units under subsection (a) 
in accordance with the requests for such units that are submitted 
to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the State of Montana. 
(2) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting such requests to the Secretary 
of the Air Force under paragraph (1). 
(c) INDIAN TRIBE DEFINED.—In this section, the term "Indian 
tribe" means any recognized Indian tribe included on the current 
list published by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe List Act of 1994 (Public 
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-l). 
SEC. 8133. (a) The Secretary of Defense, in coordination with 
the Secretary of Health and Human Services, may carry out a 
program to mstribute surplus dental equipment of the Department 
of Defense, at no cost to the Department of Defense, to Indian 
health service facilities and to federally-qualified health centers 
(within the meaning of section 1905(1X2)(B) of the Social Security 
Act (42 U.S.C. 1396d(lX2XB))). 
Deadline. 
(b) Not later than March 15, 1999, the Secretary of Defense 
Reports. 
shall submit to Congress a report on the program, including the 
actions taken under the program. 
SEC. 8134. The total amount appropriated in title III of this 
Act is hereby reduced by $142,100,000. 
SEC. 8135. Notwithstanding any other provision in this Act, 
the total amount appropriated in this Act is hereby reduced by 
$193,600,000 to reflect savings from favorable foreign currency fluc-
tuations, to be distributed as follows: 
"Military Personnel, Army", $5,300,000; 
"Military Personnel, Navy", $12,000,000; 
"Military Personnel, Marine Corps", $4,200,000; 
"Military Personnel, Air Force", $8,100,000; 
"Operation and Maintenance, Armjr", $111,500,000; 
"Operation and Maintenance, Navy", $11,500,000; 
"Operation and Maintenance, Marine Corps", $3,300,000; 
"Operation and Maintenance, Air Force", $26,200,000; and 
"Operation and Maintenance, Defense-Wide", $11,500,000. 
SEC. 8136. Notwithstanding any other provision in this Act, 
the total amount appropriated in this Act is hereby reduced by 
$502,000,000 to reflect savings from reductions in the price of 
bulk fuel, to be distributed as follows: 
"Operation and Maintenance, Army", $36,000,000; 
"Operation and Maintenance, Navy", $167,000,000; 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2337 
"Operation and Maintenance, Marine Corps", $8,000,000; 
"Operation and Maintenance, Air Force", $176,000,000; 
"Operation and Maintenance, Defense-Wide", $67,000,000; 
"Operation and Maintenance, Army Reserve", $1,400,000; 
"Operation and Maintenance, Navy Reserve", $8,200,000; 
"Operation 
and 
Maintenance, 
Air 
Force 
Reserve", 
$11,700,000; 
"Operation and Maintenance, Army National Guard", 
$3,500,000; and 
"Operation 
and 
Maintenance, 
Air 
National 
Guard", 
$23,200,000. 
SEC. 8137. GLOBAL POSITIONING SYSTEM FREQUENCY SPEC- Reports. 
TRUM.—^In order to guard against disruption of Global Positioning 
System services that are vital to the national security and economic 
interests of the United States, the Secretary of Defense shall submit 
to the congressional defense committees a report setting forth a 
national strategy to: (1) protect the integrity of the Global Position-
ing System frequency spectrum against interference and disruption; 
(2) achieve full and effective use by GPS of radio frequency spectrum 
ciurently allocated by the International Telecommunications Union 
for transmission of satellite navigation signals; and (3) provide 
for 2iny additional allocation of spectrum necessary for GPS evo-
lution. Such report shall be submitted to the congressional defense Deadline, 
committees within 120 days of the enactment of this Act. 
SEC. 8138. The Secretary of Defense sliall submit a report Reports, 
to Congress concurrent with submission of the fiscal year 2000 
President's budget regarding past military deployment rates and 
future deployment rate goals. Such report sliall contain a listing Records, 
of the monthly overseas deployment rates for military personnel 
of each service covering each fiscal year beginning with fiscal year 
1989, the location and size of each deployment, a description of 
the methodology used to determine the deployment rates for each 
service, and a discussion of the maximum yearly deployment rates 
for each service that can be sustained on a continuous basis in 
non-emeigency situations over the next five years given the 
resources and personnel end strengths contained in the Future 
Years Defense Plan. 
SEC. 8139. (a) CONVEYANCE REQUIRED.—The Secretary of the New Hampshire. 
Air Force shall convey, without consideration, to the Town of 
Newington, New Hampshire, all right, title, and interest of the 
United Stetes in and to a parcel of real property, together with 
improvements thereon, consisting of approximately 1.3 acres located 
at former Pease Air Force Base, New Hampshire, and known as 
the site of the old Stone School. 
(b) INAPPUCABIUTY OF CERTAIN DISPOSAL AUTHORITIES.—The 
Secretary shall make the conveyance required by subsection (a) 
without regard to the provisions of section 204(b) of the Defense 
Authorization Amendments and Base Closure and Realignment Act 
(Public Law 100-526; 10 U.S.C. 2687 note). 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Secretary, 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
112 STAT. 2338 
PUBLIC LAW 105-262—OCT. 17, 1998 
SEC. 8140. (a) The Secretary of the Navy may lease to the 
University of Central Florida (in this section referred to as the 
"University"), or a representative or agent of the University des-
ignated by the University, such portion of the property known 
as the Naval Air Warfare Center, Training Systems Division, 
Orlando, Florida, as the Secretary considers appropriate as a loca-
tion for the establishment of a center for research in the fields 
of law enforcement, public safety, civil defense, and national 
defense. 
(b) Notwithstanding any other provision of law, the term of 
the lease under subsection (a) may not exceed 50 years. 
(c) As consideration for the lease under subsection (a), the 
University shall— 
(1) undertake and incur the cost of the planning, design, 
and construction required to establish the center referred to 
in that subsection; and 
(2) during the term of the lease, provide the Secretary 
such space in the center for activities of the Navy as the 
Secretary and the University jointly consider appropriate. 
(d) The Secretary may require such additional terms and condi-
tions in connection with the lease authorized by subsection (a) 
as the Secretary considers appropriate to protect the interest of 
the United States. 
SEC. 8141. (a) The Secretary of the Air Force may enter into 
an agreement to lease from the City of Phoenix, Arizona, the parcel 
of real property described in subsection (b), together with improve-
ments on the property, in consideration of annual rent not in 
excess of one dollar. 
(b) The real property referred to in subsection (a) is a parcel, 
known as Auxiliary Field 3, that is located approximately 12 miles 
north of Luke Air Force Base, Arizona, in section 4 of township 
3 north, range 1 west of the Gila and Salt River Base and Meridian, 
Maricopa County, Arizona, is bounded on the north by Bell Road, 
on the east by Litchfield Road, on the south by Greenway Road, 
and on the west by agricultural land, and is composed of approxi-
mately 638 acres, more or less, the same property that was formerly 
an Air Force training and emergency field developed during World 
War II. 
(c) The Secretary may require such additional terms and condi-
tions in connection with the lease under subsection (a) as the 
Secretary considers appropriate to protect the interests of the 
United States. 
SEC. 8142. Notwithstanding any other provision of law, the 
Secretary of Defense may retain all or a portion of the family 
housing at Fort Buchanan, Puerto Rico, as the Secretary deems 
necessary to meet military family housing needs arising out of 
the relocation of elements of the United States Army South to 
Fort Buchanan. 
SEC. 8143. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of 
the Navy may convey to the City of Seattle, Washington (in this 
section referred to as the "City), all right, title, and interest of 
the United States in and to a parcel of real property, together 
with improvements thereon, consisting of approximately 11.82 
acres, the location of the Magnolia housing area, Seattle, Washing-
ton, less such areas as the Secretary determines are required to 
support continued Navy family housing requirements. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2339 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a), the City shall pay to the United States an amount 
equal to the fair market value (as determined by the Secretary) 
of the portion of the real property to be convej^ed under subsection 
(a) that was not donated to the United States by the City. The 
portion of the real property to be conveyed under subsection (a) 
that was donated to the United States by the City will be returned 
to the City at no cost. 
(c) CONDITION.—^The conveyance authorized by subsection (a) 
shall be subject to the condition that the City accept the real 
property in its condition at the time of conveyance. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed for monetary consider-
ation, as well as the acreage of the portion to be returned to 
the City at no cost as described in subsection (b), shall be deter-
mined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the City. 
(e) USE OF FUNDS.—(1) The Secretary shall use any amounts 
paid to the Secretary under subsection (b) for Navy family housing 
purposes in the Puget Sound region. 
(2) If amounts referred to in paragraph (1) remain unexpended 
after the use for Navy family housing purposes referred to in 
that paragraph, the Secretary shall deposit such unexpended 
amounts in the account established under section 204(h) of the 
Federal Property and Administrative Services Act (40 U.S.C. 
485(h)). 
(f) ADDITIONAL TERMS AND CONDITIONS.---The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 8144. (a) CONVEYANCE AUTHORIZED.—^The Secretary of 
the Army may convey to the City of Reading, Pennsylvania, here-
after referred to as the "City or to another entity designated 
by the City, all right and title, and interest of the United States 
in and to a parcel of real property (including improvements thereon) 
consisting of approximately 1.8 acres at the Army Reserve Center 
located at 1800 North 12th Street in Reading, Pennsylvania, for 
redevelopment purposes. 
(b) CONSIDERATION.—^The conveyance authorized under sub-
section (a) shall be subject to the condition that the City— 
(1) Will pay fair market value for the property, if the 
property is to be conveyed to or used by a business enterprise. 
(2) Will obtain the property without consideration if the 
property is to be used by a State or local governmental agency. 
(c) ADMINISTRATIVE EXPENSES.—In connection with the convey-
ance under subsection (a), the Secretsiry may accept amounts pro-
vided by the City or other persons to cover administrative expenses 
incurred by the Secretary in entering into the transaction. Amounts 
collected under subsection (b) for administrative expenses shall 
be credited to the appropriation, fiind, or account from which the 
expenses were paid. Amounts so credited shall be merged with 
funds in such appropriation, fund, or account and shall be available 
for the same purposes and subject to the same limitations as the 
funds with which merged. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
112 STAT. 2340 
PUBLIC LAW 105-262—OCT. 17, 1998 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 8145. Notwithstanding any other provision of law, using 
funds previously appropriated into the Department of Defense Base 
Closure Account 1990 established by section 2906(a)(1) of the 
Department of Defense Authorization Act, 1991 (Public Law 101-
510), the Secretary of the Air Force shall obligate up to $7,646,000 
for demolition Eind related environmental restoration of 31 buildings, 
possessing asbestos and lead-based paint, at the former Norton 
Air Force Base, California. 
SEC. 
8146. 
LIQUIDITY 
OF 
WORKING-CAPITAL 
FUNDS, 
(a) 
INCREASED CASH BALANCES.—The Secretary of Defense shall admin-
ister the working-capital funds of the Department of Defense during 
fiscal year 1999 so as to ensure that the total amount of the 
cash balances in such funds on September 30, 1999, exceeds the 
total amount of the cash balances in such funds on September 
30, 1998, by $1,300,000,000. 
(b) ACTIONS REGARDING UNBUDGETED LOSSES.—^The Under Sec-
retary of Defense (Comptroller) shall take such actions regarding 
unbudgeted losses for the working-capital funds as may be nec-
essary in order to ensure that such unbudgeted losses do not pre-
clude the Secretary of Defense from achieving the increase in cash 
balances in working-capital funds required under subsection (a). 
(c) WAIVER.—(1) The Secretary of Defense may waive the 
requirements of this section upon certif3ring to Congress, in writing, 
that the waiver is necessary to meet requirements associated with— 
(A) a contingency operation (as defined in section 101(a)(13) 
of title 10, United States Code); or 
(B) an operation of the Armed Forces that commenced 
before October 1, 1998, and continues during fiscal year 1999. 
(2) The waiver authority under paragraph (1) may not be dele-
gated to £iny official other than the Deputy Secretary of Defense. 
(3) The waiver authority under paragraph (1) does not apply 
to the limitation in subsection (d) or the limitation in section 
2208(1)(3) of title 10, United States Code (as added by subsection 
(e)). 
(d) PERMANENT LIMITATION ON ADVANCE BILLINGS.—(1) Section 
2208(1) of title 10, United States Code, is amended— 
(A) by redesignating paragraph (3) as paragraph (4); and 
(B) by inserting after paragraph (2) the following new 
paragraph (3): 
"(3) The total amount of the advance billings rendered or 
imposed for all working-capital funds of the Department of Defense 
in a fiscal year may not exceed $1,000,000,000.". 
10 use 2208 
(2) Section 2208(1)(3) of such title, as added by paragraph 
note. 
(i)j applies to fiscal years after fiscal year 1999. 
(e) SEMIANNUAL REPORT.—(1) The Under Secretary shall submit 
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives— 
Deadline. 
(A) not later than May 1, 1999, a report on the administra-
tion of this section for the six-month period ending on March 
31, 1999; and 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2341 
(B) not later than November 1, 1999, a report on the Deadline, 
administration of this section for the six-month period ending 
on September 30, 1999. 
(2) Each report shall include, for the period covered by the 
report, the following: 
(A) The profit and loss status of each working-capital fund 
activity. 
(B) The actions taken by the Secretary of each military 
department to use assessments of surcharges to correct for 
unbudgeted losses. 
SEC. 8147. The Secretary of Defense shall establish, through 
10 USC 113 note 
a revised Defense Integrated Military Human Resources System 
(DIMHRS), a defense reform initiative enterprise pilot program 
for military manpower and personnel information: Provided, That 
this pilot program should include all functions and systems cur-
rently included in DIMHRS and shall be expanded to include all 
appropriate systems within the enterprise of personnel, manpower, 
training, and compensation: Provided further, That in establishing 
a revised DIMHRS enterprise program for manpower and personnel 
information superiority the functions of this program shall include, 
but not be limited to: (1) an analysis and determination of the 
number and kinds of information systems necessary to support 
msmpower and personnel within the Department of Defense; and 
(2) the establishment of programs to develop and implement 
information systems in support of manpower and personnel to 
include an enterprise level strategic approach, performsmce and 
results based management, business process improvement and other 
non-material solutions, the use of commercial or government off-
the-shelf technology, the use of modular contracting as defined 
by Public Law 104-106, and the integration and consolidation of 
existing manpower and personnel information systems: Provided 
further. That the Secretary of Defense shall re-instate fulfillment 
standards designated as ADS-97-03-GD, dated January, 1997: Pro-
vided further. That the requirements of this section should be Deadline, 
implemented not later than 6 months after the date of the enact-
ment of this Act. 
SEC. 8148. (a) The Secretary of Defense, after consultation 
with the Chairman of the Joint Chiefs of Staff and the military 
service chiefs, shall conduct a comprehensive reassessment of exist-
ing military compensation, benefits, and related programs. The 
Secretary shall consider the effectiveness of these programs in 
providing an adequate standard of living and family support for 
service members and dependents, the current and projected effects 
of these programs on recruiting and retention of service members, 
and improvements which could be gained by potential changes 
in these programs. 
(b) In conducting this assessment, the Secretary's analysis shall 
consider, but not be limited to, the following areas: 
(1) Military pay and benefits, to include special pay and 
targeted bonus programs; 
(2) The military retirement system, including an assess-
ment of the effects of the significant changes made to the 
retirement system in 1986; 
(3) Health care programs; and 
(4) Housing, family support, and morale, welfare and recre-
ation programs. 
112 STAT. 2342 
PUBLIC LAW 105-262—OCT. 17, 1998 
(c) The Secretary shall consider the cumulative and complemen-
tary ability of these programs, and the effects of potential modifica-
tions to these programs, in terms of their ability to contribute 
to the attainment of existing and future manpower requirements 
of the military services, as well as the provision of a fair and 
equitable quality of life for service members and their dependents. 
Reports. 
(d) The Secretary shall provide an initial report on these issues 
Deadline. 
to the congressional defense committees within 60 days of the 
enactment of this Act. 
(e) Concurrent with submission of the fiscal year 2000 budget, 
the Secretary shall provide a comprehensive assessment of these 
issues, and proposed changes in existing programs should he deter-
mine they are warranted, to the Congress. 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 1999". 
Approved October 17, 1998. 
LEGISLATIVE HISTORY—H.R. 4103 (S. 2132): 
HOUSE REPORTS: Nos. 105-591 (Comm. on Appropriations) and 105-746 (Comm. 
of Conference). 
SENATE REPORTS: No. 105-200 accompanying S. 2132 (Comm. on Appropria-
tions). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
June 24, considered and passed House. 
July 30, considered and passed Senate, amended, in lieu of S. 2132. 
Sept. 28, House agreed to conference report. 
Sept. 29, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 17, Presidential statement. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2341 
(B) not later than November 1, 1999, a report on the Deadline, 
administration of this section for the six-month period ending 
on September 30, 1999. 
(2) Each report shall include, for the period covered by the 
report, the following: 
(A) The profit and loss status of each working-capital fund 
activity. 
(B) The actions taken by the Secretary of each military 
department to use assessments of surcharges to correct for 
unbudgeted losses. 
SEC. 8147. The Secretary of Defense shall establish, through 
10 USC 113 note 
a revised Defense Integrated Military Human Resources System 
(DIMHRS), a defense reform initiative enterprise pilot program 
for military manpower and personnel information: Provided, That 
this pilot program should include all functions and systems cur-
rently included in DIMHRS and shall be expanded to include all 
appropriate systems within the enterprise of personnel, manpower, 
training, and compensation: Provided further, That in establishing 
a revised DIMHRS enterprise program for manpower and personnel 
information superiority the functions of this program shall include, 
but not be limited to: (1) an analysis and determination of the 
number and kinds of information systems necessary to support 
msmpower and personnel within the Department of Defense; and 
(2) the establishment of programs to develop and implement 
information systems in support of manpower and personnel to 
include an enterprise level strategic approach, performsmce and 
results based management, business process improvement and other 
non-material solutions, the use of commercial or government off-
the-shelf technology, the use of modular contracting as defined 
by Public Law 104-106, and the integration and consolidation of 
existing manpower and personnel information systems: Provided 
further. That the Secretary of Defense shall re-instate fulfillment 
standards designated as ADS-97-03-GD, dated January, 1997: Pro-
vided further. That the requirements of this section should be Deadline, 
implemented not later than 6 months after the date of the enact-
ment of this Act. 
SEC. 8148. (a) The Secretary of Defense, after consultation 
with the Chairman of the Joint Chiefs of Staff and the military 
service chiefs, shall conduct a comprehensive reassessment of exist-
ing military compensation, benefits, and related programs. The 
Secretary shall consider the effectiveness of these programs in 
providing an adequate standard of living and family support for 
service members and dependents, the current and projected effects 
of these programs on recruiting and retention of service members, 
and improvements which could be gained by potential changes 
in these programs. 
(b) In conducting this assessment, the Secretary's analysis shall 
consider, but not be limited to, the following areas: 
(1) Military pay and benefits, to include special pay and 
targeted bonus programs; 
(2) The military retirement system, including an assess-
ment of the effects of the significant changes made to the 
retirement system in 1986; 
(3) Health care programs; and 
(4) Housing, family support, and morale, welfare and recre-
ation programs. 
112 STAT. 2342 
PUBLIC LAW 105-262—OCT. 17, 1998 
(c) The Secretary shall consider the cumulative and complemen-
tary ability of these programs, and the effects of potential modifica-
tions to these programs, in terms of their ability to contribute 
to the attainment of existing and future manpower requirements 
of the military services, as well as the provision of a fair and 
equitable quality of life for service members and their dependents. 
Reports. 
(d) The Secretary shall provide an initial report on these issues 
Deadline. 
to the congressional defense committees within 60 days of the 
enactment of this Act. 
(e) Concurrent with submission of the fiscal year 2000 budget, 
the Secretary shall provide a comprehensive assessment of these 
issues, and proposed changes in existing programs should he deter-
mine they are warranted, to the Congress. 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 1999". 
Approved October 17, 1998. 
LEGISLATIVE HISTORY—H.R. 4103 (S. 2132): 
HOUSE REPORTS: Nos. 105-591 (Comm. on Appropriations) and 105-746 (Comm. 
of Conference). 
SENATE REPORTS: No. 105-200 accompanying S. 2132 (Comm. on Appropria-
tions). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
June 24, considered and passed House. 
July 30, considered and passed Senate, amended, in lieu of S. 2132. 
Sept. 28, House agreed to conference report. 
Sept. 29, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 17, Presidential statement. 
PUBLIC LAW 105-263—OCT. 19, 1998 
112 STAT. 2343 
Public Law 105-263 
105th Congress 
An Act 
To provide for the orderly disposal of certain Federal lands in Clark County, Nevada, 
and to provide for the acquisition of environmentally sensitive lands in the State 
of Nevada. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Southern Nevada PubUc Land 
Management Act of 1998". 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—^The Congress finds the following: 
(1) The Bureau of Land Management has extensive land 
ownership in small and large parcels interspersed with or adja-
cent to private land in the Las Vegas Valley, Nevada, making 
many of these parcels difficult to manage and more appropriate 
for disposal. 
(2) In order to promote responsible and orderly development 
in the Las Vegas Valley, certain of those Federal lands should 
be sold by the Federal Government based on recommendations 
made by local government and the pubhc. 
(3) The Las Vegas metropolitan area is the fastest growing 
urban area in the United States, which is causing significant 
impacts upon the Lake Mead National Recreation Area, the 
Red Rock Canyon National Conservation Area, and the Spring 
Mountgdns National Recreation Area, which surround the Las 
Vegas Valley. 
(b) PURPOSE.—^The purpose of this Act is to provide for the 
orderly disposal of certain Federal lands in Clark County, Nevada, 
and to provide for the acquisition of environmentally sensitive lands 
in the State of Nevada. 
SEC. 3. DEFINITIONS. 
As used in this Act: 
(1) The term "Secretsiry" mezms the Secretary of the 
Interior. 
(2) The term "unit of local government" means Clark 
County, the City of Las Vegas, the City of North Las Vegas, 
or the City of Henderson; all in the State of Nevada. 
(3) liie term "Agreement" means the agreement entitled 
"The Interim Cooperative Management Agreement Between 
The United States Department of the Interior—Bureau of Land 
Management and Clark County", dated November 4, 1992. 
Oct. 19, 1998 
[H.R. 4491 
Southern Nevada 
Public Land 
Management Act 
of 1998. 
31 use 6901 
note. 
58-194 O - 98 - 17: QL 3 Part 3 
112 STAT. 2344 
PUBLIC LAW 105-263—OCT. 19, 1998 
(4) The term "special account" means the account in the 
Treasury of the United States estabhshed under section 
4(e)(1)(C). 
(5) The term "Recreation and Pubhc Purposes Act" means 
the Act entitled "An Act to authorize acquisition or use of 
public lands by States, counties, or municipalities for rec-
reational purposes", approved June 14, 1926 (43 U.S.C. 869 
et seq.). 
(6) The term "regional governmental entity" means the 
Southern Nevada Water Authority, the Regional Flood Control 
District, and the Clark County Sanitation District. 
SEC. 4. DISPOSAL AND EXCHANGE. 
(a) DISPOSAL.—Notwithstanding the land use planning require-
ments contained in sections 202 and 203 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712), 
the Secretary, in accordance with this Act, the Federal Land Policy 
and Management Act of 1976, and other applicable law, and subject 
to valid existing rights, is authorized to dispose of lands within 
the boundary of the area under the jurisdiction of the Director 
of the Bureau of Land Msmagement in Clark County, Nevada, 
as generally depicted on the map entitled "Las Vegas Valley, 
Nevada, Land Disposal Map", dated April 10, 1997. Such map 
shall be on file and available for public inspection in the offices 
of the Director and the Las Vegas District of the Bureau of Land 
Management. 
(b) RESERVATION FOR LOCAL PUBLIC PURPOSES.— 
(1) RECREATION AND PUBLIC PURPOSE ACT CONVEYANCES.— 
Not less than 30 days before the offering of lands for sale 
or exchange pursuant to subsection (a), the State of Nevada 
or the unit of local government in whose jurisdiction the lands 
are located may elect to obtain any such lands for local public 
purposes pursuant to the provisions of the Recreation and 
Public Purposes Act. Pursuant to any such election, the Sec-
retary shall retain the elected lands for conveyance to the 
State of Nevada or such unit of the local government in accord-
ance with the provisions of the Recreation and Public Purposes 
Act. 
(2) RIGHTS-OF-WAY.— 
(A) ISSUANCE.—^Upon application, by a unit of local 
government or regional governmental entity, the Secretary, 
in accordance with this Act and the Federal Land Policy 
and Management Act of 1976, and other applicable provi-
sions of law, shall issue right-of-way grants on Federal 
lands in Clark County, Nevada, for all reservoirs, canals, 
channels, ditches, pipes, pipelines, tunnels, and other facili-
ties and systems needed for— 
(i) the impoundment, storage, treatment, transpor-
tation, or distribution of water (other than water from 
the Virgin River) or wastewater; or 
(ii) flood control management. 
(B) DURATION.—Right-of-way grants issued under this 
paragraph shall be valid in perpetuity. 
(C) WAIVER OF FEES.—Right-of-way grants issued 
under this paragraph shall not require the payment of 
rental or cost recovery fees. 
PUBLIC LAW 105-263—OCT. 19, 1998 
112 STAT. 2345 
(3) YOUTH ACTIVITY FACILITIES.—^Within 30 days after a 
request by Clark County, Nevada, the Secretary shall offer 
to Clark County, Nevada, the land depicted on the map entitled 
"Vicinity Map Parcel 177-28-101-020 dated August 14, 1996, 
in accordance with the Recreation and Public Purposes Act 
for the construction of youth activity facilities. 
(c) WITHDRAWAL.—Subject to valid existing rights, all Federal 
lands identified in subsection (a) for disposal are withdrawn from 
location and entry, under the mining laws and from operation 
under the mineral leasing and geothermal leasing laws until such 
time as the Secretary terminates the withdrawal or the lands 
are patented. 
(d) SELECTION.— 
(1) JOINT SELECTION REQUIRED.—^The Secretary and 
the 
unit of local government in whose jurisdiction lands referred 
to in subsection (a) are located shall jointly select lands to 
be offered for sale or exchange under this section. The Secretary 
shall coordinate land disposal activities with the unit of local 
government in whose jurisdiction such lands are located. Land 
disposal activities of the Secretary shall be consistent with 
local land use planning and zoning requirements and rec-
ommendations. 
(2) OFFERING.—^After land has been selected in accordance 
with this subsection, the Secretary shall make the first offering 
of land as soon as practicable after the date of the enactment 
of this Act. 
(e) DISPOSITION OP PROCEEDS.— 
(1) LAND SALES.—Of the gross proceeds of sales of land 
under this subsection in a fiscal year— 
(A) 5 percent shall be paid directly to the State of 
Nevada for use in the general education program of the 
State; 
(B) 10 percent shall be paid directly to the Southern 
Nevada Water Authority for water treatment and trans-
mission facility infrastructure in Clark County, Nevada; 
and 
(C) the remainder shall be deposited in a special 
account in the Treasury of the United States for use pursu-
ant to the provisions of paragraph (3). 
Amounts in the special account shall be available to the Sec-
retary without further appropriation and shall remain available 
until expended. 
(2) LAND EXCHANGES.— 
(A) PAYMENTS.—In the case of a land exchange under 
this section, the non-Federal party shall provide direct 
payments to the State of Nevada and the Southern Nevada 
Water Authority in accordance with paragraphs (1)(A) and 
(B). The payments shall be based on the fair market value 
of the Federal lands to be conveyed in the exchange and 
shall be considered a cost incurred by the non-Federal 
party that shall be compensated by the Secretary if so 
provided by any agreement to initiate exchange. 
(B) PENDING EXCHANGES.—The provisions of this Act, 
except this subsection and subsections (a) and (b), shall 
not apply to any land exchange for which an initial a^ee-
ment to initiate an exchange was signed by an authorized 
112 STAT. 2346 
PUBLIC LAW 105-263—OCT. 19, 1998 
representative of the exchange proponent and an author-
ized officer of the Bureau of Land Management prior to 
February 29, 1996. 
(3) AVAILABILITY OF SPECIAL ACCOUNT.— 
(A) IN GENERAL.—^Amounts deposited in the special 
account may be expended by the Secretary for— 
(i) the acquisition of environmentally sensitive 
land in the State of Nevada in accordance with sub-
section (h), with priority given to lands located within 
Clark County; 
(ii) capital improvements at the Lake Mead 
National Recreation Area, the Desert National Wildlife 
Refuge, the Red Rock Canyon National Conservation 
Area and other areas administered by the Bureau of 
Land Management in Clark County, and the Spring 
Mountains National Recreation Area; 
(iii) 
development 
of 
a 
multispecies 
habitat 
conservation plan in Cl£irk County, Nevada; 
(iv) development of parks, trails, and natural areas 
in Clark County, Nevada, pursuant to a cooperative 
agreement with a unit of local government; and 
(v) reimbursement of costs incurred by the local 
offices of the Bureau of Land Management in arranging 
sales or exchanges under this Act. 
(B) PROCEDUBES.—The Secretary shall coordinate the 
use of the special account with the Secretary of Agriculture, 
the State of Nevada, local governments, and 
other 
interested persons, to ensure accountability and dem-
onstrated results. 
(C) LIMITATION.—^Not more than 25 percent of the 
amounts available to the Secretary from the special account 
in any fiscal year (determined without taking into account 
amounts deposited under subsection (g)(4)) may be used 
in any fiscal year for the purposes described in subpara-
graph (A)(ii). 
(f) INVESTMENT OF SPECIAL ACCOUNT.—All funds deposited as 
principal in the special account shall earn interest in the amount 
determined by the Secretary of the Treasury on the basis of the 
current average market yield on outstanding marketable obligations 
of the United States of comparable maturities. Such interest shall 
be added to the principal of the account and expended according 
to the provisions of subsection (e)(3). 
(g) AIRPORT ENVIRONS OVERLAY DISTRICT LAND TRANSFER.— 
Upon request of Clark County, Nevada, the Secretary shall transfer 
to Clark County, Nevada, without consideration, all right, title, 
and interest of the United States in and to the lands identified 
in the Agreement, subject to the following: 
(1) Valid existing rights. 
(2) Clark County agrees to manage such lands in accord-
ance with the Agreement and with section 47504 of title 49, 
United States Code (relating to airport noise compatibility plan-
ning), and regulations promulgated pursuant to that section. 
(3) Clark County agrees that if any of such lands are 
sold, leased, or otherwise conveyed or leased by Clark County, 
such sale, lease, or other conveyance shall contain a limitation 
which requires uses compatible with the Agreement and such 
Airport Noise CompatibiHty Planning provisions. 
PUBLIC LAW 105-263—OCT. 19, 1998 
112 STAT. 2347 
(4) Clark County agrees that if any of such lands are 
sold, leased, or otherwise conveyed by Clark County, such lands 
shall be sold, leased, or otherwise conveyed for fair market 
value. Clark County shall contribute 85 percent of the gross 
{)roceeds from the sale, lease, or other conveyance of such 
ands directly to the special account. If any of such lands 
sold, leased, or otherwise conveyed by Clark County are identi-
fied on the map referenced in section 2(a) of the Act entitled 
"An Act to provide for the orderly disposal of certain Federal 
lands in Nevada and for the acquisition of certain other lands 
in the Lake Tahoe Basin, and for other purposes", approved 
December 23, 1980 (94 Stat. 3381; commonly known as the 
"Santini-Burton Act"), the proceeds contributed to the special 
account by Clark County from the sale, lease, or other convey-
Eince of such lands shall be used by the Secretary of Agriculture 
to acquire environmentally sensitive land in the Laike Tahoe 
Basin pursuant to section 3 of the Santini-Burton Act. Clark 
Coimty shall contribute 5 percent of the gross proceeds from 
the sale, lease, or other conveyance of such lands directly to 
the State of Nevada for use in the general education program 
of the State, and the remainder shall be available for use 
by the Clark County Department of Aviation for the benefit 
of airport development and the Noise Compatibility Program. 
3C. 6. ACQUISITIONS. 
(a) ACQUISITIONS.— 
(1) DEFINITION.—For purposes of this subsection, the term 
"environmentally sensitive land" means land or an interest 
in land, the acquisition of which the United States would, 
in the judgment of the Secretary or the Secretary of Agri-
culture— 
(A) promote the preservation of natural, scientific, aes-
thetic, historical, cultural, watershed, wildlife, and other 
values contributing to public enjoyment and biological 
diversity; 
(B) enhance recreational opportunities and public 
access; 
(C) provide the opportunity to achieve better manage-
ment of public land through consoUdation of Federal owner-
ship; or 
(D) otherwise serve the pubUc interest. 
(2) IN GENERAL.—^After the consultation process has been 
completed in accordance with paragraph (3), the Secretary may 
acquire with the proceeds of the special account environ-
mentally sensitive land and interests in environmentally sen-
sitive land. Lands may not be acquired under this section 
without the consent of the owner thereof. Funds made available 
from the special account may be used with any other funds 
made available under any other provision of law. 
(3) CONSULTATION.—Before initiating efforts to acquire land 
under this subsection, the Secretary or the Secretary of Agri-
culture shall consult with the State of Nevada and with local 
government within whose jurisdiction the lands are located, 
including appropriate planning and regulatory agencies, and 
with other interested persons, concerning the necessity of mak-
ing the acquisition, the potential impacts on State and local 
government, and other appropriate aspects of the acquisition.