[DOCID: f:h2266enr.txt]
H.R.2266
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 1998, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1998, for
military 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 (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, 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; $20,452,057,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; and for payments 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; $16,493,518,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of the
Social Security Act (42 U.S.C. 429(b)), and to the Department of
Defense Military Retirement Fund; $6,137,899,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; and for 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;
$17,102,120,000.
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 Fund;
$2,032,046,000.
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; $1,376,601,000.
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 undergoing reserve
training, or while performing drills or equivalent 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;
$391,770,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
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 expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund; $815,915,000.
National Guard Personnel, Army
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
payments to the Department of Defense Military Retirement Fund;
$3,333,867,000.
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 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
payments to the Department of Defense Military Retirement Fund;
$1,334,712,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $11,437,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes; $16,754,306,000 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 $300,000,000 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 $5,500,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes;
$21,617,766,000 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;
$2,372,635,000.
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 $8,362,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes; $18,492,883,000 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 Department
of Defense (other than the military departments), as authorized by law;
$10,369,740,000, of which not to exceed $25,000,000 may be available
for the CINC initiative fund account; and of which not to exceed
$28,850,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of Defense,
and payments may be made on his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Army 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
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $1,207,891,000.
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
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $921,711,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; 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; $116,366,000.
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 transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $1,632,030,000.
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, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically 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); $2,419,632,000: Provided,
That not later than March 15, 1998, the Director of the Army National
Guard shall provide a report to the congressional defense committees
identifying the allocation, by installation and activity, of all base
operations funds appropriated under this heading.
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 Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things, hire 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
specifically authorized by the Chief, National Guard Bureau;
$3,013,282,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations
by United States military forces; $1,884,000,000: Provided, That the
Secretary of Defense may transfer these funds only to operation and
maintenance accounts within this title, and 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; $6,952,000, 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, $375,337,000, 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 of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and 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 twenty-five per
centum of funds provided under this heading may be obligated for
environmental remediation by the Corps of Engineers under total
environmental remediation contracts.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $275,500,000, to remain available
until transferred: Provided, That the Secretary of the Navy 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 Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $376,900,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, 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 available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a 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, Defense-Wide
(including transfer of funds)
For the Department of Defense, $26,900,000, to remain available
until transferred: Provided, That the Secretary of Defense 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 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 appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $242,300,000, 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 available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the 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); $47,130,000, to remain available until
September 30, 1999.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise; $382,200,000, to remain available
until September 30, 2000: Provided, That of the amounts provided under
this heading, $35,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines and submarine reactor
components in the Russian Far East: Provided further, That of the
amounts provided under this heading, $5,000,000 shall be available only
for the Arctic Military Environmental Cooperation Program.
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 barracks);
$360,000,000, for the maintenance of real property of the Department of
Defense (including minor construction and major maintenance and
repair), which shall remain available for obligation until September
30, 1999, as follows:
Army, $100,000,000;
Navy, $70,000,000;
Marine Corps, $45,000,000; and
Air Force, $145,000,000.
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; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, 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; $1,346,317,000, to remain available for obligation until
September 30, 2000.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, 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; $762,409,000, to remain available for obligation until
September 30, 2000.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, 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;
$1,298,707,000, to remain available for obligation until September 30,
2000.
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; $1,037,202,000, to remain available for
obligation until September 30, 2000.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the 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;
$2,679,130,000, to remain available for obligation until September 30,
2000.
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 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; $6,535,444,000, to remain available for obligation
until September 30, 2000.
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; $1,102,193,000, to remain available
for obligation until September 30, 2000.
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 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; $397,547,000, to remain available for
obligation until September 30, 2000.
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
Government 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:
For continuation of the SSN-21 attack submarine program,
$153,444,000;
NSSN, $2,314,903,000;
NSSN (AP), $284,859,000;
CVN-77 (AP), $50,000,000;
CVN Refuelings, $1,615,003,000;
CVN Refuelings (AP), $46,855,000;
DDG-51 destroyer program, $3,411,200,000;
DDG-51 destroyer program (AP), $157,806,000;
LPD-17 amphibious transport dock ship (AP), $100,000,000;
Oceanographic ship program (AP), $16,000,000;
LCAC landing craft air cushion program, $20,000,000; and
For craft, outfitting, post delivery, conversions, and first
destination transportation, $137,521,000;
In all: $8,235,591,000, to remain available for obligation until
September 30, 2002: Provided, That additional obligations may be
incurred after September 30, 2002, 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 construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, 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 194 passenger motor vehicles
for replacement only; and the purchase of one vehicle required for
physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $232,340 per
vehicle; 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; $3,144,205,000, to
remain available for obligation until September 30, 2000.
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 Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of not to exceed 40
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; $482,398,000, to remain available
for obligation until September 30, 2000.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
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 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; $6,480,983,000, to remain available for
obligation until September 30, 2000: Provided, That of the funds made
available under this heading, $331,000,000 shall be available for long
lead activities related to the procurement of additional B-2 bombers:
Provided further, That if the President determines that no additional
B-2 bombers should be procured during this fiscal year, and he
certifies to the Congress his decision, the funding described in the
previous proviso shall be made available to modify and repair the
existing fleet of B-2 bombers.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
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 Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things;
$2,394,202,000, to remain available for obligation until September 30,
2000.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; 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; $398,534,000, to remain available for
obligation until September 30, 2000.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed 196
passenger motor vehicles for replacement only; the purchase of one
vehicle required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to exceed
$232,340 per vehicle; 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 Government and contractor-owned equipment layaway;
$6,592,909,000, to remain available for obligation until September 30,
2000.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of not to exceed 381 passenger motor vehicles for replacement
only; expansion 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 Government and
contractor-owned equipment layaway; $2,106,444,000, to remain available
for obligation until September 30, 2000.
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; $653,000,000, to remain available for
obligation until September 30, 2000: Provided, That the Chiefs of the
Reserve and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.
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;
$5,156,507,000, to remain available for obligation until September 30,
1999.
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;
$8,115,686,000, to remain available for obligation until September 30,
1999: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique requirements of the
Special Operations Forces.
Research, Development, Test and Evaluation, 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;
$14,507,804,000, to remain available for obligation until September 30,
1999: Provided, That of the funds made available in this paragraph,
$4,000,000 shall be only for development of coal-derived jet fuel
technologies.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment; $9,821,760,000, to remain
available for obligation until September 30, 1999: Provided, That not
less than $409,898,000 of the funds appropriated in this paragraph
shall be made available only for the Sea-Based Wide Area Defense (Navy
Upper-Tier) Program: Provided further, That funds appropriated for the
Dual-Use Applications Program under section 5803 of the Treasury,
Postal Service, and General Government Appropriations Act, 1997 (Public
Law 104-208), shall remain available for obligation until September 30,
1998.
Developmental Test and Evaluation, Defense
For expenses, not otherwise provided for, of independent activities
of the Director, Test and Evaluation in the direction and supervision
of developmental test and evaluation, including performance and joint
developmental testing and evaluation; and administrative expenses in
connection therewith; $258,183,000, to remain available for obligation
until September 30, 1999.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith; $31,384,000, to remain available for obligation until
September 30, 1999.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds; $971,952,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744); $1,074,948,000, to remain available until expended:
Provided, That none of the funds provided in this paragraph shall be
used to award a new contract that provides for the acquisition of any
of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components (that
is; engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive these
restrictions on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate, that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.
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;
$10,369,075,000, of which $10,095,007,000 shall be for Operation and
maintenance, of which not to exceed two per centum shall remain
available until September 30, 1999, and of which $274,068,000, to
remain available for obligation until September 30, 2000, shall be for
Procurement.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the 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, $600,700,000, of which $462,200,000 shall be
for Operation and maintenance, $72,200,000 shall be for Procurement to
remain available until September 30, 2000, and $66,300,000 shall be for
Research, development, test and evaluation to remain available until
September 30, 1999: 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 regulations,
prescribe travel and transportation allowances for travel by
participants in the off-island leave program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components 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; $712,882,000: Provided, That the
funds appropriated under this head shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: 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 General
in carrying out the provisions of the Inspector General Act of 1978, as
amended; $138,380,000, of which $136,580,000 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 $1,800,000, to remain available until September 30, 2000, shall
be for Procurement.
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 Retirement and
Disability System; $196,900,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account; $121,080,000, of which $39,011,000 for the Advanced Research
and Development Committee and the Environmental Intelligence and
Applications Program shall remain available until September 30, 1999:
Provided, That of the funds appropriated under this heading,
$27,000,000 shall be transferred to the Department of Justice for the
National Drug Intelligence Center to support the Department of
Defense's counter-drug intelligence responsibilities, and of the said
amount, $1,500,000 for Procurement shall remain available until
September 30, 2000, and $3,000,000 for Research, development, test and
evaluation shall remain available until September 30, 1999.
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; $35,000,000, to
remain available until expended.
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183, $2,000,000,
to be derived from the National Security Education Trust Fund, to
remain available until 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 authorized by the
Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment 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, 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 Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 per centum of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last two months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$2,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That of the authority provided under this section,
not to exceed $65,000,000 shall be available to meet requirements for
termination of the Reserve Mobilization Insurance Program,
notwithstanding chapter 1214 of title 10, United States Code.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' 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
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. (a) None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 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 quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement 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 further, 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 determine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
Apache Longbow radar;
AV-8B aircraft; and
Family of Medium Tactical Vehicles.
(b) None of the funds provided in this Act and hereafter may be
used to submit to Congress (or to any committee of Congress) a request
for authority to enter into a contract covered by those provisions of
subsection (a) that precede the first proviso of that subsection
unless--
(1) such request is made as part of the submission of the
President's Budget for the United States Government for any fiscal
year and is set forth in the Appendix to that budget as part of
proposed legislative language for appropriations bills for the next
fiscal year; or
(2) such request is formally submitted by the President as a
budget amendment; or
(3) the Secretary of Defense makes such request in writing to
the congressional defense committees.
Sec. 8009. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated 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: Provided, 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 Islands, the Marshall Islands, the
Federated States of Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 1998, 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 1999 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 1999 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
1999.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8011. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of
Defense to exceed, outside the 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 further, 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 future benefits under section
3015(c) of title 38, United States Code, for any member of the armed
services who, on or after the date of enactment of this Act--
(1) enlists in the armed services for a period of active duty
of less than three years; or
(2) receives an enlistment bonus under section 308a or 308f of
title 37, United States Code,
nor shall any amounts representing the normal cost of such future
benefits be transferred from the Fund by the Secretary of the Treasury
to the Secretary of Veterans Affairs pursuant to section 2006(d) of
title 10, United States Code; nor shall the Secretary of Veterans
Affairs pay such benefits to any such member: Provided, That in the
case of a member covered by clause (1), these 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, That this subsection applies
only to active components of the Army.
(b) None of the funds appropriated by this Act shall be available
for the basic pay and allowances of any 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 is credited toward
completion of a service commitment: Provided, That this subsection
shall not apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this subsection
applies only to 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 enactment of
this Act, is performed by more than ten Department of Defense civilian
employees until a most efficient and cost-effective 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 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
American ownership.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental 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 authority 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 components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this 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.
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 limitation 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 professional who is not a Federal employee after a review,
pursuant to rules prescribed by the Secretary, which takes into account
the appropriate level of care for the patient, the intensity of
services required by the patient, and the availability of that care.
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 member states
a separate account into which such residual value amounts negotiated in
the return of United States military installations in NATO member
states may be deposited, in the currency of the host nation, in lieu of
direct monetary transfers to the United States Treasury: Provided, That
such credits may be utilized only for the construction of facilities to
support United States military forces in that host nation, or such real
property maintenance and base operating costs that are currently
executed through monetary transfers to such host nations: Provided
further, That the Department of Defense's budget submission for fiscal
year 1999 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property maintenance
or base 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 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 established 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 paid to any person under section 308 of title
37, United States Code, in a lump sum.
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 certifying 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 locations): 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. In addition to funds provided elsewhere in this Act,
$8,000,000 is appropriated only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974, 25 U.S.C. 1544:
Provided, That these payments shall be available only to contractors
which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d),
and according to regulations which shall be promulgated by the
Secretary of Defense within 90 days of the passage of this Act:
Provided further, 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).
Sec. 8025. During the current fiscal year, none of the funds
available to the Department of Defense may be used to procure or
acquire (1) defensive handguns unless such handguns are the M-9 or M-11
9mm Department of Defense standard handguns, or (2) offensive handguns
except for the Special Operations Forces: Provided, That the foregoing
shall not apply to handguns and ammunition for marksmanship
competitions.
Sec. 8026. During the current fiscal 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 temporary
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;
(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:
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.
Sec. 8027. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 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. 8028. 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. 8029. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8030. 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 Reconnaissance mission below the
levels funded in this Act.
Sec. 8031. (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 performance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern which has
negotiated with a military service or defense agency a subcontracting
plan for the participation by small business concerns pursuant to
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be
given credit 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
nonprofit 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-Wagner-O'Day Act (41 U.S.C.
46-48).
Sec. 8032. 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. 8033. 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 that section: Provided, That, upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8034. Of the funds made available in this Act, not less than
$26,247,000 shall be available for the Civil Air Patrol, of which
$22,702,000 shall be available for operation and maintenance.
Sec. 8035. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership 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, may be compensated for his or her
services as a member of such entity, or as a paid consultant, except
under the same conditions, and to the same extent, as members of the
Defense Science Board: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 1998 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for charitable contributions, for construction of new buildings, for
payment of cost sharing for projects funded by Government grants, or
for absorption of contract overruns.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 1998, not more than
6,206 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,105 staff years may be
funded for the defense studies and analysis FFRDCs.
(e) Notwithstanding any other provision of law, the Secretary of
Defense shall control the total number of staff years to be performed
by defense FFRDCs during fiscal year 1998 so as to reduce the total
amounts appropriated in titles II, III, and IV of this Act by
$71,800,000: Provided, That the total amounts appropriated in titles
II, III, and IV of this Act are hereby reduced by $71,800,000 to
reflect savings from the use of defense FFRDCs by the department.
(f) Within 60 days after enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a report
presenting the specific amounts of staff years of technical effort to
be allocated by the department for each defense FFRDC during fiscal
year 1998: Provided, That, after the submission of the report required
by this subsection, the department may not reallocate more than five
per centum of an FFRDC's staff years among other defense FFRDCs until
30 days after a detailed justification for any such reallocation is
submitted to the congressional defense committees.
(g) The Secretary of Defense shall, with the submission of the
department's fiscal year 1999 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year.
(h) No part of the reductions contained in subsection (e) of this
section may be applied against any budget activity, activity group,
subactivity group, line item, program element, program, project,
subproject or activity which does not fund defense FFRDC activities
within each appropriation account, and the reductions in subsection (e)
shall be allocated on a proportional basis.
(i) Not later than 90 days after enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report listing the specific funding reductions allocated
to each category listed in subsection (h) above pursuant to this
section.
Sec. 8036. None of the funds in this or any other Act shall be
available for the preparation of studies on--
(1) the cost effectiveness or feasibility of removal and
transportation of unitary chemical weapons or agents from the 8
chemical storage sites within the continental United States to
Johnston Atoll: Provided, That this prohibition shall not apply to
General Accounting Office studies requested by a Member of Congress
or a Congressional Committee; and
(2) the potential future uses of the 9 chemical disposal
facilities other than for the destruction of stockpile chemical
munitions and as limited by section 1412(c)(2), Public Law 99-145:
Provided, That this prohibition does not apply to future use
studies for the CAMDS facility at Tooele, Utah.
Sec. 8037. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of enactment of this Act.
Sec. 8038. For the purposes of this Act, the term ``congressional
defense committees'' means the National Security Committee of the House
of Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on National Security of the Committee on
Appropriations of the House of Representatives.
Sec. 8039. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or defense agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8040. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to Congress a report on
the amount of Department of Defense purchases from foreign entities in
fiscal year 1998. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).
Sec. 8041. The total amounts appropriated in titles II, III, and IV
of this Act are hereby reduced by $300,000,000 to reflect savings from
the use of advisory and assistance services by the Department of
Defense: Provided, That the savings shall be applied to the following
titles in the following amounts:
Title II, Operation and Maintenance, $112,000,000;
Title III, Procurement, $62,000,000; and
Title IV, Research, Development, Test and Evaluation,
$126,000,000:
Provided further, That the savings specified shall be applied only to
funds budgeted to purchase advisory and assistance services: Provided
further, That the savings shall be applied on a pro-rata basis to each
program, project and activity which included budget funds for advisory
and assistance services.
Sec. 8042. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
Sec. 8043. Notwithstanding any other provision of this Act, the
amounts provided in all appropriation accounts in titles III and IV of
this Act are reduced by 1.5 percent: Provided, That these reductions
shall be applied on a pro-rata basis to each line item, program
element, program, project, subproject, and activity within each
appropriation account: Provided further, That not later than 60 days
after the enactment of this Act, the Undersecretary of Defense
(Comptroller) shall submit a report to the congressional defense
committees listing the specific funding reductions allocated to each
category listed in the preceding proviso pursuant to this section.
(including transfer of funds)
Sec. 8044. Amounts deposited during the current fiscal year to the
special account established under 40 U.S.C. 485(h)(2) and to the
special account established under 10 U.S.C. 2667(d)(1) are appropriated
and shall be available until transferred by the Secretary of Defense to
current applicable appropriations or funds of the Department of Defense
under the terms and conditions specified by 40 U.S.C. 485(h)(2)(A) and
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available
for the same time period and the same purposes as the appropriation to
which transferred.
Sec. 8045. During the current fiscal year, appropriations available
to the Department of Defense may be used to reimburse a member of a
reserve component of the Armed Forces who is not otherwise entitled to
travel and 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. 8046. The President shall include with each budget for a
fiscal year submitted to the Congress under section 1105 of title 31,
United States Code, materials that shall identify clearly and
separately the amounts requested in the budget for appropriation for
that fiscal year for salaries and expenses related to administrative
activities of the Department of Defense, the military departments, and
the Defense Agencies.
Sec. 8047. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be obligated for the Young Marines program.
Sec. 8048. Notwithstanding any other provision of this Act, the
total amount appropriated in title IV of this Act is hereby reduced by
$474,000,000: Provided, That each program element, program, project,
subproject, and activity funded in title IV of this Act shall be
allocated a pro-rata share of any of the reductions made by this
section: Provided further, That not later than 60 days after the
enactment of this Act, the Undersecretary of Defense (Comptroller)
shall submit a report to the congressional defense committees listing
the specific funding reductions allocated to each category listed in
the preceding proviso pursuant to this section.
Sec. 8049. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8050. Of the funds appropriated or otherwise made available by
this Act, not more than $119,200,000 shall be available for payment of
the operating costs of NATO Headquarters: Provided, That the Secretary
of Defense may waive this section for Department of Defense support
provided to NATO forces in and around the former Yugoslavia.
Sec. 8051. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance
may be used to purchase items having an investment item unit cost of
not more than $100,000.
Sec. 8052. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 1999 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 1999 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 1999 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8053. None of the funds provided in this Act and hereafter
shall be available for use by a military department to modify an
aircraft, weapon, ship or other item of equipment, that the military
department concerned plans to retire or otherwise dispose of within 5
years after completion of the modification: Provided, That this
prohibition shall not apply to safety modifications: Provided further,
That this prohibition may be waived by the Secretary of a military
department if the Secretary determines it is in the best national
security interest of the United States to provide such waiver and so
notifies the congressional defense committees in writing.
Sec. 8054. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 1999.
Sec. 8055. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8056. 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. 8057. 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. 8058. None of the funds appropriated in this Act may be used
to fill the commander's position at any military medical facility with
a health care professional unless the prospective candidate can
demonstrate professional administrative skills.
Sec. 8059. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An Act making appropriations for the Treasury
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 contracting 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 Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
Sec. 8060. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work; or
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take 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. 8061. (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 headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
Sec. 8062. 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 1998 until the enactment of the Intelligence
Authorization Act for Fiscal Year 1998.
Sec. 8063. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to
lease real and personal property at Naval Air Facility, Adak, Alaska,
pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other
purposes.
(RESCISSIONS)
Sec. 8064. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts in the specified amounts:
``Shipbuilding and Conversion, Navy, 1996/2000'', $35,600,000;
``Other Procurement, Navy, 1996/1998'', $3,300,000;
``Aircraft Procurement, Army, 1997/1999'', $5,000,000;
``Procurement of Ammunition, Army, 1997/1999'', $5,000,000;
``Other Procurement, Army, 1997/1999'', $6,000,000;
``Other Procurement, Navy, 1997/1999'', $2,200,000;
``Aircraft Procurement, Navy, 1997/1999'', $24,000,000;
``Research, Development, Test and Evaluation, Army, 1997/
1998'', $6,000,000;
``Research, Development, Test and Evaluation, Navy, 1997/
1998'', $40,000,000;
``Research, Development, Test and Evaluation, Air Force, 1997/
1998'', $25,000,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
1997/1998'', $24,000,000.
Sec. 8065. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians 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 reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8066. 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 specifically
appropriated for that purpose.
Sec. 8067. 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 Governor 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. 8068. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Unified and Specified Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred against
appropriations for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence support to Unified
Commands, Defense Agencies and Joint Intelligence Activities, including
the activities and programs included within the General Defense
Intelligence Program and the Consolidated Cryptologic Program:
Provided, That nothing in this section authorizes deviation from
established Reserve and National Guard personnel and training
procedures.
Sec. 8069. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 1997 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
(including transfer of funds)
Sec. 8070. 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 certifies 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. 8071. (a) None of the funds available to the Department 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.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
(transfer of funds)
Sec. 8072. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be 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. 8073. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8074. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa: Provided, That
notwithstanding any other provision of law, funds available to the
Department of Defense shall be made available to provide transportation
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. 8075. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense 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. 8076. 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 appropriated in this
or any other Act.
Sec. 8077. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State which is not 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: Provided, That the
Secretary of Defense may waive the requirements of this section, on a
case-by-case basis, in the interest of national security.
Sec. 8078. 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. 8079. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense committees, the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate setting forth all
costs (including incremental costs) incurred by the Department of
Defense during the preceding quarter in implementing or supporting
resolutions of the United Nations Security Council, including any such
resolution calling for 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
expenditures 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. 8080. (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 committees, 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--
(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-enforcement, or
humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services to be
transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(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. 8081. 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 Secretary 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 Services and Foreign Relations of
the Senate and the Committees on Appropriations, National Security and
International Relations in the House of Representatives on the
implementation of this program: Provided further, That amounts charged
for administrative fees and deposited to the special account provided
for under section 2540c(d) of title 10, shall be available for paying
the costs of administrative expenses of the Department of Defense that
are attributable to the loan guarantee program under subchapter VI of
chapter 148 of title 10.
Sec. 8082. 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 voluntary contribution) or for
payment of any United States arrearage to the United Nations.
Sec. 8083. 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. 8084. (a) None of the funds 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 Johnston Atoll
for the purpose of storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition or agent 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. 8085. None of the funds provided in title II of this Act for
``Former Soviet Union Threat Reduction'' may be obligated or expended
to finance housing for any individual who was a member of the military
forces of the Soviet Union or for any individual who is or was a member
of the military forces of the Russian Federation.
Sec. 8086. 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. 8087. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same 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. 8088. Notwithstanding 31 U.S.C. 1552(a), not more than
$14,000,000 appropriated under the heading ``Aircraft Procurement, Air
Force'' in Public Law 102-396 which was available and obligated for the
B-2 Aircraft Program shall remain available for expenditure and for
adjusting obligations for such program until September 30, 2003.
Sec. 8089. 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 balance, 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 appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account.
(transfer of funds)
Sec. 8090. 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 further, That the
amounts shall be transferred between the following appropriations in
the amount specified:
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/2000'':
SSN-688 attack submarine program, $3,000,000;
DDG-51 destroyer program, $1,500,000;
LHD-1 amphibious assault ship program, $8,000,000;
T-AO fleet oiler program, $3,453,000;
AOE combat support ship program, $3,600,000; and
For craft, outfitting, and post delivery, $2,019,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/2000'':
SSN-21 attack submarine program, $21,572,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'':
DDG-51 destroyer program, $1,060,000;
LHD-1 amphibious assault ship program, $1,600,000;
LSD-41 cargo variant ship program, $2,666,000;
AOE combat support ship program, $7,307,000; and
For craft, outfitting, and post delivery, $12,000,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'':
SSN-21 attack submarine program, $24,633,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2000'':
LHD-1 amphibious assault ship program, $5,592,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2000'':
SSN-21 attack submarine program, $5,592,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
LHD-1 amphibious assault ship program, $400,000; and
DDG-51 destroyer program, $1,054,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
For craft, outfitting, and post delivery, conversions,
and first destination transportation, $715,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2000'':
LHD-1 amphibious assault ship program, $17,513,000; and
For craft, outfitting, and post delivery, conversions,
and first destination transportation, $878,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1997/2001'':
For craft, outfitting, and post delivery, conversions,
and first destination transportation, $3,600,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1997/2001'':
DDG-51 destroyer program, $24,160,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2000'':
Fast Patrol Boat, $9,500,000;
To:
``Research, Development, Test and Evaluation, Navy, 1998/
1999'', $9,500,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1997/2001'':
Oceanographic ship SWATH, $45,000,000;
To:
``Research, Development, Test and Evaluation, Navy, 1998/
1999'', $45,000,000;
From:
``Aircraft Procurement, Air Force, 1997/1999'',
$73,531,000;
To:
``Research, Development, Test and Evaluation, Air Force,
1997/1998'', $73,531,000:
Provided further, That notwithstanding any other provision of law, to
facilitate a full and final settlement of all claims under contracts
N00024-79-C-2614 and N00024-77-C-2031, the Secretary of the Navy may
offset the amount of $1,660,680.84, owed by the Navy under contract
N00024-79-C-2614 for the T-ARC-7 against an equal amount,
$1,660,680.84, owed to the Navy under contract N00024-77-C-2031 for the
AD 43.
Sec. 8091. The Under Secretary of Defense (Comptroller) shall
submit to the congressional defense committees by February 1, 1998 a
detailed report identifying, by amount and by separate budget activity,
activity group, subactivity group, line item, program element, program,
project, subproject, and activity, any activity for which the fiscal
year 1999 budget request was reduced because Congress appropriated
funds above the President's budget request for that specific activity
for fiscal year 1998.
Sec. 8092. (a) None of the funds available to the Department of
Defense under this Act may be obligated or expended to reimburse a
defense contractor for restructuring costs associated with a business
combination of the defense contractor that occurs after the date of
enactment of this Act unless--
(1) the auditable savings for the Department of Defense
resulting from the restructuring will exceed the costs allowed by a
factor of at least two to one; or
(2) the savings for the Department of Defense resulting from
the restructuring will exceed the costs allowed and the Secretary
of Defense determines that the business combination will result in
the preservation of a critical capability that might otherwise be
lost to the Department; and
(3) the report required by section 818(e) of Public Law 103-337
to be submitted to Congress in 1997 is submitted.
(b) Not later than April 1, 1998, the Comptroller General shall, in
consultation with the Inspector General of the Department of Defense,
the Secretary of Defense, and the Secretary of Labor, submit to
Congress a report which shall include the following:
(1) an analysis and breakdown of the restructuring costs paid
by or submitted to the Department of Defense to companies involved
in business combinations since 1993;
(2) an analysis of the specific costs associated with workforce
reductions;
(3) an analysis of the services provided to the workers
affected by business combinations;
(4) an analysis of the effectiveness of the restructuring costs
used to assist laid off workers in gaining employment; and
(5) in accordance with section 818 of Public Law 103-337, an
analysis of the savings reached from the business combination
relative to the restructuring costs paid by the Department of
Defense.
(c) The report should set forth recommendations to make this
program more effective for workers affected by business combinations
and more efficient in terms of the use of Federal dollars.
Sec. 8093. Funds appropriated in title II of this Act for
supervision and administration costs for facilities maintenance and
repair, minor construction, or design projects may be obligated at the
time the reimbursable order is accepted by the performing activity:
Provided, That for the purpose of this section, supervision and
administration costs includes all in-house Government cost.
Sec. 8094. 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 available for the
Asia-Pacific Center.
Sec. 8095. (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 National 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. 8096. Using funds available by this Act or any other Act, the
Secretary of the Air Force, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern 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 Landstuhl 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. 8097. Notwithstanding any other provision of law, and
notwithstanding the provisions in section 7306 of title 10, United
States Code, in addition to amounts otherwise appropriated or made
available by this Act, $13,000,000 is appropriated to the Department of
the Navy and shall be available only for a grant to the Intrepid Sea-
Air-Space Foundation only for the refurbishment of the former U.S.S.
Intrepid (CV 11).
Sec. 8098. In accordance with section 1557 of title 31, United
States Code, the following obligated balance shall be exempt from
subchapter IV of chapter 15 of such title and shall remain available
for expenditure without fiscal year limitation: Funds obligated by the
Economic Development Administration for EDA Project No. 04-49-04095
from funds made available in the Department of Defense Appropriations
Act, 1994 (Public Law 103-189).
Sec. 8099. None of the funds provided by this Act may be used to
pay costs of instruction for an Air Force officer for enrollment
commencing during the 1998-1999 academic year in a postgraduate degree
program at a civilian educational institution if--
(1) the degree program to be pursued by that officer is offered
by the Air Force Institute of Technology (or was offered by that
institute during the 1996-1997 academic year);
(2) the officer is qualified for enrollment at the Air Force
Institute of Technology in that degree program; and
(3) the number of students commencing that degree program at
the Air Force Institute of Technology during the first semester of
the 1998-1999 academic year is less than the number of students
commencing that degree program for the first semester of the 1996-
1997 academic year.
Sec. 8100. 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. 8101. 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 may be credited to
operation and maintenance accounts of the Department of Defense which
are current when the refunds are received.
Sec. 8102. During the current fiscal year, not more than a total of
$60,000,000 in withdrawal credits may be made by the Marine Corps
Supply Management activity group of the Navy Working Capital Fund,
Department of Defense Working Capital Funds, to the credit of current
applicable appropriations of a Department of Defense activity in
connection with the acquisition of critical low density repairables
that are capitalized into the Navy Working Capital Fund.
Sec. 8103. 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 department or
defense agency with which the invoice or contract payment is
associated.
Sec. 8104. At the time the President submits his budget for fiscal
year 1999, the Department of Defense shall transmit to the
congressional defense committees a budget justification document for
the active and reserve Military Personnel accounts, to be known as the
``M-1'', which shall identify, at the budget activity, activity group,
and subactivity group level, the amounts requested by the President to
be appropriated to the Department of Defense for military personnel in
any budget request, or amended budget request, for fiscal year 1999.
Sec. 8105. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $100,000,000
to reflect savings due to excess inventory, to be distributed as
follows: ``Operation and Maintenance, Army'', $40,000,000; ``Operation
and Maintenance, Navy'', $40,000,000; and ``Operation and Maintenance,
Air Force'', $20,000,000.
Sec. 8106. Notwithstanding any other provision in this Act, the
total amount appropriated in title III of this Act is hereby reduced by
$75,000,000 to reflect savings from repeal of section 2403 of title 10,
United States Code.
Sec. 8107. The Secretary of the Army may exchange or sell one Army
C-20 aircraft and may apply the exchange allowance or sale proceeds in
whole or in part payment for the acquisition of one C-37 aircraft:
Provided, That in addition to such exchange allowance or sale proceeds,
of the amount appropriated for fiscal year 1998 for Aircraft
Procurement, Air Force, not more than $6,000,000 shall be made
available for acquisition of the C-37 for the United States Army:
Provided further, That in addition to such exchange allowance or sale
proceeds, of the amount appropriated for fiscal year 1997 for Aircraft
Procurement, Air Force, not more than $27,100,000 shall be made
available for acquisition of the C-37 for the United States Army.
Sec. 8108. During the current fiscal year, the Secretary of Defense
may award contracts for capital assets having a development or
acquisition cost of not less than $100,000 of a Working Capital Fund in
advance of the availability of funds in the Working Capital Fund for
minor construction, automatic data processing equipment, software,
equipment, and other capital improvements.
Sec. 8109. From funds made available by this Act for the Maritime
Technology Program up to $250,000 shall be made available to assist
with a pilot project that will facilitate the transfer of commercial
cruise ship shipbuilding technology and expertise to United States
yards, utilize the experience and expertise of existing U.S.-flag
cruise ship operators, and enable the operation of a U.S.-flag foreign-
built cruise ship, and two newly constructed U.S.-flag cruise ships:
Provided, That a person (including a related person with respect to
that person) who, within 18 months after the date of enactment, enters
into a binding contract for construction in the United States of two
cruise ships, which contract shall provide for the construction of two
cruise ships of equal or greater size than the cruise ship being
operated by such person on the date of enactment and shall require the
delivery of the first cruise ship no later than January 1, 2005, and
the second cruise ship no later than January 1, 2008, may document with
a coastwise endorsement a cruise ship constructed pursuant to this
section and a foreign-built cruise ship otherwise in compliance with 46
U.S.C. 289, 883, and 12106 until such date which is 24 months after the
delivery of the second cruise ship or any subsequently delivered cruise
ship: Provided further, That a person (including a related person with
respect to that person) within the meaning of 46 U.S.C. 801 may not
operate a U.S.-flag foreign-built cruise ship, or any other cruise
ship, in coastwise trade between or among the islands of Hawaii, upon
execution of the contract referred to in this section and continuing
throughout the life expectancy (as that term is used in 46 U.S.C. App.
1125) of a newly constructed U.S.-flag cruise ship referred to in this
section, unless the cruise ship is operated by a person (including a
related person with respect to that person) that is operating a cruise
ship in coastwise trade between or among the islands of Hawaii on the
date of enactment, except if any cruise ship constructed pursuant to
this section operates in regular service other than between or among
the islands of Hawaii: Provided further, That for purposes of this
section the term ``cruise ship'' means a vessel that is at least 10,000
gross tons (as measured under chapter 143 of title 46, United States
Code) and has berth or stateroom accommodations for at least 275
passengers: Provided further, That for purposes of this section, unless
otherwise defined in this section, the term ``person'' means a
corporation, partnership or association the controlling interest of
which is owned by citizens of the United States within the meaning of
46 U.S.C. 802(b): Provided further, That for purposes of this section
the term ``related person'' means with respect to a person: (1) a
holding company, subsidiary, affiliate or association of the person;
and (2) an officer, director, or agent of the person or of an entity
referred to in (1): Provided further, That none of the funds provided
in this or any other Act may be obligated for the tooling to construct
or the construction of vessels addressed by this section.
Sec. 8110. The Secretary of Defense shall submit to the
congressional defense committees not later than November 15, 1997 an
aviation safety plan outlining an appropriate level of navigational
safety upgrades for all Department of Defense aircraft and the
associated funding profile to install these upgrades in an expeditious
manner.
Sec. 8111. Notwithstanding any other provision of law, the
Secretary of Defense shall obligate the funds provided for University
Research Initiatives in the Department of Defense Appropriations Act,
1997 (titles I through VIII under section 101(b) of Public Law 104-208)
for the projects and in the amounts provided for in House Report 104-
863 of the House of Representatives, 104th Congress, 2d session.
Sec. 8112. The Secretary of Defense shall submit to the Committees
on Appropriations of the House of Representatives and Senate, not later
than April 15, 1998, a report on alternatives for current theater
combat simulations: Provided, That this report shall be based on a
review and evaluation by the Defense Science Board of the adequacy of
the current models used by the Department of Defense for theater combat
simulations, with particular emphasis on the tactical warfare (TACWAR)
model and the ability of that model to adequately measure airpower,
stealth, and other asymmetrical United States warfighting advantages,
and shall include the recommendations of the Defense Science Board for
improvements to current models and modeling techniques.
Sec. 8113. Effective on June 30, 1998, section 8106(a) of the
Department of Defense Appropriations Act, 1997 (titles I through VIII
of the matter under section 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note), is amended by striking ``$3,000,000''
and inserting ``$1,000,000''.
Sec. 8114. 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 requirements:
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. 8115. It is the sense of the Congress that all member nations
of the North Atlantic Treaty Organization (NATO) should contribute
their proportionate share to pay for the costs of the Partnership for
Peace program and for any future costs attributable to the expansion of
NATO.
Sec. 8116. The budget of the President for fiscal year 1999
submitted to Congress pursuant to section 1105 of title 31, United
States Code, and each annual budget request thereafter, shall include
budget activity groups (known as ``subactivities'') in the operation
and maintenance accounts of the military departments and other
appropriation accounts, as may be necessary, to separately identify all
costs incurred by the Department of Defense to support the expansion of
the North Atlantic Treaty Organization. The budget justification
materials submitted to Congress in support of the budget of the
Department of Defense for fiscal year 1999, and subsequent fiscal
years, shall provide complete, detailed estimates for the incremental
costs of such expansion.
Sec. 8117. 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
1997 or a subsequent year.
Sec. 8118. None of the funds 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. 8119. 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. 8120. Up to $4,500,000 of funds available to the Department of
Defense may be available for the payment of claims for loss and damage
to personal property suffered as a direct result of the flooding in the
Red River Basin during April and May, 1997 by members of the Armed
Forces residing in the vicinity of Grand Forks Air Force Base, North
Dakota, without regard to the provisions of section 3721(e) of title
31, United States Code.
Sec. 8121. Of the total amount appropriated under title II for the
Navy, the Secretary of the Navy shall make $25,000,000 available for a
program to demonstrate expanded use of multitechnology automated reader
cards throughout the Navy and the Marine Corps, including demonstration
of the use of the so-called ``smartship'' technology of the ship-to-
shore work load/off load program.
Sec. 8122. (a) Findings.--(1) The North Atlantic Treaty
Organization, at the Madrid summit, decided to admit three new members,
the Czech Republic, Poland and Hungary.
(2) The President, on behalf of the United States endorsed and
advocated the expansion of the North Atlantic Treaty Organization to
include three additional members.
(3) The Senate will consider the ratification of instruments to
approve the admissions of new members to the North Atlantic Treaty
Organization.
(4) The United States has contributed more than $20,000,000,000
since 1952 for infrastructure and support of the Alliance.
(5) In appropriations Acts considered by the Congress for fiscal
year 1998, $449,000,000 has been requested by the President for
expenditures in direct support of United States participation in the
Alliance.
(6) In appropriations Acts considered by the Congress for fiscal
year 1998, $9,983,300,000 has been requested by the President in
support of United States military expenditures in North Atlantic Treaty
Organization countries.
(b) Report to Congress.--The Secretary of Defense shall identify
and report to the congressional defense committees not later than
October 1, 1997--
(1) the amounts necessary, by appropriation account, for all
anticipated costs to the United States for the admission of the
Czech Republic, Poland and Hungary to the North Atlantic Treaty
Organization for the fiscal years 1998, 1999, 2000, 2001 and 2002;
and
(2) any new commitments or obligations entered into or assumed
by the United States in association with the admission of new
members to the Alliance, to include the deployment of United States
military personnel, the provision of defense articles or equipment,
training activities and the modification and construction of
military facilities.
Sec. 8123. (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 in law if
the Secretary determines that the application of the limitation 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 warships, ball and roller bearings, 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, and 9404.
Sec. 8124. It is the sense of Congress that should the Senate
ratify NATO enlargement, that the proportional cost of the United
States share of the NATO common budget should not increase, and that if
any NATO member does not pay its share, the United States shall not pay
either.
Sec. 8125. Congress finds that the Defense Base Closure and
Realignment Commission directed the transfer of only 10 electro-
magnetic test environment systems from Eglin Air Force Base, Florida to
Nellis Air Force Base, Nevada.
Sec. 8126. (a) Findings.--
(1) the Department of Defense budget is insufficient to fulfill
all the requirements on the unfunded priorities lists of the
military services and defense agencies;
(2) the documented printing expenses of the Department of
Defense amount to several hundred million dollars per year, and a
similar amount of undocumented printing expenses may be included in
external defense contracts;
(3) printing in two or more colors generally increases costs;
(4) the Joint Committee on Printing of the Congress of the
United States has established regulations intended to protect
taxpayers from extravagant Government printing expenses;
(5) the Government Printing and Binding Regulations published
by the Joint Committee on Printing direct that ``* * * it is the
responsibility of the head of any department, independent office or
establishment of the Government to assure that all multicolor
printing shall contribute demonstrable value toward achieving a
greater fulfillment of the ultimate end-purpose of whatever printed
item in which it is included.'';
(6) the Department of Defense publishes a large number of
brochures, calendars, and other products in which the use of
multicolor printing does not appear to meet the demonstrably
valuable contribution requirement of the Joint Committee on
Printing, but instead appears to be used primarily for decorative
effect; and
(7) the Department of Defense could save resources for higher
priority needs by reducing printing expenses.
(b) Sense of the Senate.--Therefore, it is the sense of the Senate
that--
(1) the Secretary of Defense should ensure that the printing
costs of the Department of Defense and military services are held
to the lowest amount possible;
(2) the Department of Defense should strictly comply with the
Printing and Binding Regulations published by the Joint Committee
on Printing of the Congress of the United States; and
(3) the Department of Defense budget submission for fiscal year
1999 should reflect the savings that will result from the stricter
printing guidelines in paragraphs (1) and (2).
(RESCISSIONS)
Sec. 8127. Of the funds provided in title III of the Department of
Defense Appropriations Act, 1996 (Public Law 104-61), $62,000,000 are
rescinded, and of the funds provided in title IV of the Department of
Defense Appropriations Act, 1997 (as contained in section 101(b) of
Public Law 104-208), $38,000,000 are rescinded: Provided, That such
rescissions shall not be made before July 1, 1998: Provided further,
That not later than June 1, 1998, the Undersecretary of Defense
(Comptroller) shall submit a report to the congressional defense
committees listing the specific programs, projects and activities
proposed for rescission subject to the provisions of this section.
Sec. 8128. Section 303(e) of the 1997 Emergency Supplemental
Appropriations Act for Recovery from Natural Disasters, and for
Overseas Peacekeeping Efforts, Including Those in Bosnia (Public Law
105-18; 111 Stat. 168) is struck and the following is inserted in lieu
thereof:
``(e) Availability of Funds.--The Secretary may use funds available
in the Defense Working Capital Fund for the payment of the costs of
utilities, maintenance and repair, and improvements entered into under
the lease under this section.''.
Sec. 8129. Subject to amounts appropriated under the heading
``Shipbuilding and Conversion, Navy'' in this Act for the New Attack
Submarine Program, and notwithstanding any provisions of the National
Defense Authorization Act for Fiscal Year 1996 and of the National
Defense Authorization Act for Fiscal Year 1997 to the contrary, and
notwithstanding section 2304(k) of title 10, United States Code, and
the policy set forth in paragraph (1) of that section, the Secretary of
the Navy may enter into a contract during fiscal year 1998 for the
necessary procurement of four submarines under the New Attack Submarine
Program with one of the two shipbuilders which are party to the Team
Agreement between Electric Boat Corporation and Newport News
Shipbuilding and Dry Dock Company dated February 25, 1997, that was
submitted to the Congress by the Secretary of the Navy on March 31,
1997, as the prime contractor on the condition such prime contractor
enter into one or more subcontracts (under such prime contract) with
the other shipbuilder which is a party to such Team Agreement as
contemplated in such Team Agreement, with such contract providing for
construction of the first submarine in fiscal year 1998 and for the
advance construction and advance procurement of material for the
second, third, and fourth submarines in fiscal year 1998: Provided,
That such prime contract shall provide that if such contract is
terminated, the United States shall not be liable for termination costs
in excess of the total amount appropriated for the New Attack Submarine
Program.
Sec. 8130. In addition to amounts provided elsewhere in this Act,
$3,000,000 is hereby appropriated for ``Operation and Maintenance,
Defense-Wide'', and shall be made available only for the establishment
of the ``21st Century National Security Strategy Study Group''
(hereafter in this section referred to as the ``Study Group''):
Provided, That these funds may be obligated only upon the completion of
a memorandum of agreement between the Secretary of Defense (after
consultation with the President), the Speaker of the House of
Representatives, the Minority Leader of the House of Representatives,
the Majority Leader of the Senate, and the Minority Leader of the
Senate: Provided further, That this memorandum of agreement will set
forth the scope of the Group's work, as well as its charter,
composition, authorities, lifespan, and products to be generated:
Provided further, That this memorandum of agreement shall be completed
not later than December 15, 1997.
Sec. 8131. (a) Panel To Review Long-Range Air Power.--(1) There is
hereby established an independent panel to evaluate the adequacy of
current planning for United States long-range air power and the
requirement for continued low-rate production of B-2 stealth bombers.
(2) The panel shall be composed of nine members appointed as
follows:
(A) two members shall be named by the President;
(B) two members shall be named by the Speaker of the House of
Representatives;
(C) one member shall be named by the Minority Leader of the
House of Representatives;
(D) two members shall be named by the Majority Leader of the
Senate;
(E) one member shall be named by the Minority Leader of the
Senate; and
(F) one member, who will serve as chairman of the panel, shall
be named by the President.
(b) Functions of Panel.--(1) Not later than March 1, 1998, the
panel shall submit to the President and Congress a report containing
its conclusions and recommendations concerning the appropriate B-2
bomber force and specifically stating its recommendation on whether
additional funds for the B-2 should be used for continued low-rate
production of the B-2 or for upgrades to improve deployability,
survivability and maintainability.
(2) As part of its evaluation and review, the panel shall consider,
but not be limited to, the following:
(A) scenarios involving no warning time and little warning time
from potential adversaries;
(B) the make-up of the current bomber fleet and expected
attrition to that fleet over the next 15 years;
(C) the potential effect of additional B-2 bombers on
deterrence;
(D) the potential effect of additional B-2 bombers in the
``halt phase'' of a conflict;
(E) the potential of a biological or chemical ``lock-out'' of
tactical United States assets by future adversaries and the effect
of additional B-2 bombers toward mitigating such a tactic;
(F) trade-offs between additional B-2 bombers and other
programmed Department of Defense assets in meeting the scenarios
described in subsections (b)(2)(A) through (b)(2)(E) above;
(G) the desirability of an increased rate of purchase of
precision-guided munitions for aircraft in the existing B-2 fleet;
(H) the desirability of improving the low observable
characteristics of the existing B-2 fleet; and
(I) the affordability of additional B-2 bombers in the context
of projected levels of future defense funding.
(c) Panel Administration.--(1) The members of the panel shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
panel.
(2) Upon the request of the chairman of the panel, the Secretary of
Defense may detail to the panel, on a nonreimbursable basis, personnel
of the Department of Defense to assist the panel in carrying out its
duties. The Secretary of Defense shall furnish to the panel such
administrative and support services as may be requested by the chairman
of the panel and shall ensure that all appropriate actions are taken to
preserve the options of the President until the panel submits its
report under subsection (b)(1).
(d) Funding.--The Secretary of Defense shall, upon the request of
the panel, make available to the panel such amounts as the panel may
require to carry out its duties under this section.
(e) Termination of the Panel.--The panel shall terminate 30 days
after the date on which it submits its report under subsection (b)(1).
Sec. 8132. None of the funds in this Act may be made available for
the deployment of United States Armed Forces in the Republic of Bosnia
and Herzegovina after June 30, 1998, unless the President, after
consultation with the bipartisan leadership of the Senate and the House
of Representatives, transmits to the Congress not later than May 15,
1998 a certification that the continued presence of United States Armed
Forces is required in order to meet the national security interests of
the United States: Provided, That such certification shall specify the
following aspects of any deployment beyond June 30, 1998--
(1) the reasons why such deployment is in the national
interest;
(2) the number of United States military personnel to be
deployed in and around the Republic of Bosnia and Herzegovina and
the former Yugoslavia;
(3) the expected duration of any such deployment;
(4) the mission and objectives of United States military forces
deployed in and around the Republic of Bosnia and Herzegovina and
the former Yugoslavia;
(5) the exit strategy for United States forces engaged in such
deployment;
(6) the costs associated with any deployment beyond June 30,
1998; and
(7) the impact of such deployment on the morale, retention, and
effectiveness of United States forces:
Provided further, That concurrent with said certification, the
President shall submit a supplemental appropriations request for such
amounts as are necessary for any continued deployment beyond June 30,
1998: Provided further, That 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.
This Act may be cited as the ``Department of Defense Appropriations
Act, 1998''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.