[Appendix, Budget of the United States Government, Fiscal Year 1999]
[Page 303-314]
[DOCID:1999_app_mil-11]
From the Budget of the U.S., FY 1999 Online via GPO Access
[wais.access.gpo.gov]
GENERAL PROVISIONS--DEPARTMENT OF DEFENSE
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] 8002. 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] 8003. 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] 8004. 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] 8005. 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] 8006. [(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.]
E-2C aircraft;
T-45 aircraft;
Medium Tactical Vehicle Replacement (MTVR) vehicle; and
Longbow Hellfire missile.
[(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
[[Page 304]]
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] 8007. 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] 8008. 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] 8009. (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] 8010. 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] 8011. 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] persons with disabilities 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.
[[Page 305]]
Sec. [8018] 8012. 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] 8013. 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] 8014. 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] 8015. 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] 8016. 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] 8017. 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] 8018. 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] 8019. (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] 8020. 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] 8021. 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.
[[Page 306]]
[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] 8022. [(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] 8023. 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] 8024. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
[[Page 307]]
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] 8025. 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] 8026. 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] 8027. 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] 8028. 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] 8029. 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] 2000: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended.
Sec. [8055] 8030. 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] 8031. 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] 8032. 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] 8033. (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.
[[Page 308]]
(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] 8034. 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] 8035. 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] 1999 until the enactment of the
Intelligence Authorization Act for Fiscal Year [1998] 1999.
Sec. [8063] 8036. 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] 8037. 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] 8038. 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 or counterintelligence
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] the National Foreign Intelligence Program (NFIP), the Joint
Military Intelligence Program (JMIP), and the Tactical Intelligence and
Related Activities (TIARA) aggregate: 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] 8039. 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] 8040. (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] 8041. 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] 8042. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available
[[Page 309]]
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] and 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] 8043. 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] 8044. 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 $1,000,000 of the
amounts charged for administrative fees and deposited to the special
account provided for under section 2540c(d) of title 10, shall be
available until expended 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] 8045. 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] executive 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.] associated with a change in management
control over, or ownership of, the contractor or a substantial
portion of its assets.
[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] 8046. During the current fiscal year, no more than
[$10,000,000] $15,000,000 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] 8047. 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
[[Page 310]]
and for adjusting obligations for such program until September 30,
2003.]
Sec. [8089] 8048. 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;
[[Page 311]]
(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] 8049. 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] 8050. 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] 8051. (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] 8052. 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] 8053. During the current fiscal year and hereafter,
refunds attributable to the use of the Government travel card by
military personnel and civilian employees of the Department of Defense
and refunds attributable to official Government travel arranged by
Government Contracted Travel Management Centers may be credited to
operation and maintenance accounts of the Department of Defense which
are current when the refunds are received.
Sec. [8102] 8054. 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] 8055. 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
[[Page 312]]
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] 8056. (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] impede cooperative programs
entered into between the Department of Defense and the foreign country,
or would [invalidate] impede reciprocal trade agreements for the
procurement of defense items entered into [under] in accordance with
section 2531 of title 10, United States
[[Page 313]]
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] October 8, 1997; 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;
[[Page 314]]
(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.]
Sec. 8057. The unobligated balance of the amounts appropriated be
section 8024 of the Department of Defense Appropriations Act (Public Law
105-56) shall remain available until September 30, 1999 for incentive
payments authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That contractors particpating in the test
program established by section 834 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.
Sec. 8058. Funds provided in this Act under the headings ``Operation
and Maintenance, Defense-wide'' and ``Procurement, Defense-wide'' for
the purpose of Combating Terrorism Readiness Initiatives may be
transferred to other appropriations or funds of the Department for the
purpose of meeting unanticipated, high priority requirements for
combating terrorism and for force protection.
Sec. 8059. Notwithstanding 31 U.S.C. 1552(a), of the funds provided
in Department of Defense Appropriations Acts, not more than the
specified amounts from the following accounts shall remain available for
the payment of satellite on-orbit incentive fees until the fees are
paid:
``Missile Procurement, Air Force, 1995/1997'', $20,978,000;
``Missile Procurement, Air Force, 1996/1998'', $16,782,400.
(Department of Defense Appropriations Act, 1998.)
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