[Congressional Record Volume 143, Number 100 (Tuesday, July 15, 1997)]
[Senate]
[Pages S7447-S7459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1998

  The Senate continued with the consideration of the bill.
  The PRESIDING OFFICER. The question occurs on final passage of S. 
1005, the Defense appropriations bill. The yeas and nays have been 
ordered, and the clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Montana [Mr. Burns] and 
the Senator from Rhode Island [Mr. Chafee] are necessarily absent.
  The result was announced--yeas 94, nays 4, as follows:

                      [Rollcall Vote No. 176 Leg.]

                                YEAS--94

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bumpers
     Byrd
     Campbell
     Cleland
     Coats
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     D'Amato
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Enzi
     Faircloth
     Feinstein
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kempthorne
     Kennedy
     Kerrey
     Kerry
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wyden

                                NAYS--4

     Feingold
     Harkin
     Kohl
     Wellstone

                             NOT VOTING--2

     Burns
     Chafee
       
  The bill (S. 1005), as amended, was passed, as follows:

                                S. 1005

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 1998, for military functions 
     administered by the Department of Defense, and for other 
     purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), to section 229(b) of the Social Security 
     Act (42 U.S.C. 429(b)), and to the Department of Defense 
     Military Retirement Fund; $20,426,457,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), to section 229(b) of the Social Security Act (42 
     U.S.C. 429(b)), and to the Department of Defense Military 
     Retirement Fund; $16,508,218,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), to 
     section 229(b) of the Social Security Act (42 U.S.C. 429(b)), 
     and to the Department of Defense Military Retirement Fund; 
     $6,148,899,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), to section 229(b) of the Social Security 
     Act (42 U.S.C. 429(b)), and to

[[Page S7448]]

     the Department of Defense Military Retirement Fund; 
     $17,206,056,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Reserve Officers' 
     Training Corps, and expenses authorized by section 16131 of 
     title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund; 
     $2,037,046,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Reserve Officers' Training Corps, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund; $1,374,901,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund; $384,770,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Air Reserve 
     Officers' Training Corps, and expenses authorized by section 
     16131 of title 10, United States Code; and for payments to 
     the Department of Defense Military Retirement Fund; 
     $815,745,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund; $3,446,867,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund; $1,334,712,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $11,437,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, as follows:
       Budget Activity 1, Operating Forces, $8,394,122,000;
       Budget Activity 2, Mobilization, $566,444,000;
       Budget Activity 3, Training and Recruiting, $3,280,148,000; 
     and
       Budget Activity 4, Administration and Servicewide 
     Activities, $5,029,759,000:

     Provided, That a reduction of $357,000,000 shall be made to 
     the total of these budget activities; in all; $16,913,473,000 
     and, in addition, $50,000,000 shall be derived by transfer 
     from the National Defense Stockpile Transaction Fund.

                    Operation and Maintenance, Navy


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $5,500,000, can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, as follows:
       Budget Activity 1, Operating Forces, $15,345,257,000, of 
     which not less than $2,040,690,000 shall be obligated for 
     ship depot maintenance;
       Budget Activity 2, Mobilization, $1,226,985,000;
       Budget Activity 3, Training and Recruiting, $1,681,931,000; 
     and
       Budget Activity 4, Administration and Servicewide 
     Activities, $3,568,246,000:

     Provided, That a reduction of $246,000,000 shall be made to 
     the total of these budget activities; in all; $21,576,419,000 
     and, in addition, $50,000,000 shall be derived by transfer 
     from the National Defense Stockpile Transaction Fund.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, as follows:
       Budget Activity 1, Operating Forces, $1,670,747,000;
       Budget Activity 3, Training and Recruiting, $388,282,000; 
     and
       Budget Activity 4, Administration and Servicewide 
     Activities, $278,506,000:

     Provided, That a reduction of $9,000,000 shall be made to the 
     total of these budget activities; in all; $2,328,535,000.

                  Operation and Maintenance, Air Force


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $8,362,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on her certificate of necessity for confidential 
     military purposes, as follows:
       Budget Activity 1, Operating Forces, $9,877,438,000;
       Budget Activity 2, Mobilization, $3,122,848,000;
       Budget Activity 3, Training and Recruiting, $1,613,047,000; 
     and
       Budget Activity 4, Administration and Servicewide 
     Activities, $4,210,052,000:

     Provided, That a reduction of $231,000,000 shall be made to 
     the total of these budget activities; in all; $18,592,385,000 
     and, in addition, $50,000,000 shall be derived by transfer 
     from the National Defense Stockpile Transaction Fund.

                Operation and Maintenance, Defense-Wide


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law; and not to exceed $28,850,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of 
     Defense, and payments may be made on his certificate of 
     necessity for confidential military purposes, as follows:
       Budget Activity 1, Operating Forces, $454,007,000, of which 
     not to exceed $25,000,000 may be available for the CINC 
     initiative fund account;
       Budget Activity 2, Mobilization, $27,260,000;
       Budget Activity 3, Training and Recruiting, $159,155,000;
       Budget Activity 4, Administration and Servicewide 
     Activities, $8,716,689,000; and
       Budget Activity 5, Special Operations, $1,123,527,000:

     Provided, That a reduction of $81,000,000 shall be made to 
     the total of these budget activities; in all; 
     $10,399,638,000.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications; 
     $1,212,891,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications; 
     $834,211,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and

[[Page S7449]]

     administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications; $110,366,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications; $1,631,200,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft); $2,449,932,000: Provided, 
     That not later than March 15, 1998, the Director of the Army 
     National Guard shall provide a report to the congressional 
     defense committees identifying the allocation, by 
     installation and activity, of all base operations funds 
     appropriated under this heading.

             Operation and Maintenance, Air National Guard

       For operation and maintenance of the Air National Guard, 
     including medical and hospital treatment and related expenses 
     in non-Federal hospitals; maintenance, operation, repair, and 
     other necessary expenses of facilities for the training and 
     administration of the Air National Guard, including repair of 
     facilities, maintenance, operation, and modification of 
     aircraft; transportation of things, hire of passenger motor 
     vehicles; supplies, materials, and equipment, as authorized 
     by law for the Air National Guard; and expenses incident to 
     the maintenance and use of supplies, materials, and 
     equipment, including such as may be furnished from stocks 
     under the control of agencies of the Department of Defense; 
     travel expenses (other than mileage) on the same basis as 
     authorized by law for Air National Guard personnel on active 
     Federal duty, for Air National Guard commanders while 
     inspecting units in compliance with National Guard Bureau 
     regulations when specifically authorized by the Chief, 
     National Guard Bureau; $3,010,282,000.

             Overseas Contingency Operations Transfer Fund


                     (including transfer of funds)

       For expenses directly relating to Overseas Contingency 
     Operations by United States military forces; $1,889,000,000: 
     Provided, That the Secretary of Defense may transfer these 
     funds only to operation and maintenance accounts within this 
     title: Provided further, That the funds transferred shall be 
     merged with and shall be available for the same purposes and 
     for the same time period, as the appropriation to which 
     transferred: Provided further, That the transfer authority 
     provided in this paragraph is in addition to any other 
     transfer authority contained elsewhere in this Act.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces; $6,952,000, of which 
     not to exceed $2,500 can be used for official representation 
     purposes.

                    Environmental Restoration, Army


                     (including transfer of funds)

       For the Department of the Army, $375,337,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That not more than twenty-five per centum 
     of funds provided under this heading may be obligated for 
     environmental remediation by the Corps of Engineers under 
     total environmental remediation contracts.

                    Environmental Restoration, Navy


                     (including transfer of funds)

       For the Department of the Navy, $275,500,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                  Environmental Restoration, Air Force


                     (including transfer of funds)

       For the Department of the Air Force, $376,900,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation.

                Environmental Restoration, Defense-Wide


                     (including transfer of funds)

       For the Department of the Defense, $26,900,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

         Environmental Restoration, Formerly Used Defense Sites


                     (including transfer of funds)

       For the Department of the Army, $242,300,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 2547, and 2551 of title 10, United States Code); 
     $40,130,000, to remain available until September 30, 1999.

                  Former Soviet Union Threat Reduction

       For assistance to the republics of the former Soviet Union, 
     including assistance provided by contract or by grants, for 
     facilitating the elimination and the safe and secure 
     transportation and storage of nuclear, chemical and other 
     weapons; for establishing programs to prevent the 
     proliferation of weapons, weapons components, and weapon-
     related technology and expertise; for programs relating to 
     the training and support of defense and military personnel 
     for demilitarization and protection of weapons, weapons 
     components and weapons technology and expertise; 
     $382,200,000, to remain available until expended: Provided, 
     That of the amounts provided under this heading, $35,000,000 
     shall be available only to support the dismantling and 
     disposal of nuclear submarines and submarine reactor 
     components in the Russian Far East.

                 Quality of Life Enhancements, Defense

         For expenses, not otherwise provided for, resulting from 
     unfunded shortfalls in the repair and maintenance of real 
     property of the Department of Defense (including military 
     housing and barracks); $100,000,000, for the maintenance of 
     real property of the Department of Defense (including minor 
     construction and major maintenance and repair), which shall 
     remain available for obligation until September 30, 1998, as 
     follows:
       Army, $100,000,000.

[[Page S7450]]

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $1,356,959,000, to remain available for obligation until 
     September 30, 2000.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $1,173,081,000, to remain available for obligation until 
     September 30, 2000.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes; $1,156,506,000, to remain available for 
     obligation until September 30, 2000.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854, title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $1,042,602,000, to remain available for obligation until 
     September 30, 2000.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; communications and electronic equipment; 
     other support equipment; spare parts, ordnance, and 
     accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $2,783,735,000, to remain available for obligation until 
     September 30, 2000: Provided, That of the amount appropriated 
     under this heading, $15,708,000 is available for the 
     Information System Security Program, of which $5,500,000 is 
     available for procurement of Airterm KY-100 devices.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; $6,312,937,000, to remain available 
     for obligation until September 30, 2000.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway; 
     $1,138,393,000, to remain available for obligation until 
     September 30, 2000.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854, title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $344,797,000, to remain available for obligation until 
     September 30, 2000.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long leadtime 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       For continuation of the SSN-21 attack submarine program, 
     $153,440,000;
       NSSN, $2,314,903,000;
       NSSN (AP), $284,859,000;
       CVN-77 (AP), $345,000,000;
       CVN Refuelings, $1,615,003,000;
       CVN Refuelings (AP), $92,855,000;
       DDG-51 destroyer program, $3,385,767,000;
       DDG-51 destroyer program (AP), $157,806,000;
       Oceanographic ship program, $73,000,000;
       LCAC landing craft air cushion program, $17,300,000; and
       For craft, outfitting, post delivery, conversions, and 
     first destination transportation, $83,177,000.

     In all: $8,510,458,000, to remain available for obligation 
     until September 30, 2004: Provided, That additional 
     obligations may be incurred after September 30, 2004, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction.
       None of the funds provided under this heading for the 
     construction or conversion of any naval vessel to be 
     constructed in shipyards in the United States shall be 
     expended in foreign facilities for the construction of major 
     components of such vessel: Provided, That none of the funds 
     provided under this heading shall be used for the 
     construction of any naval vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of not to 
     exceed 194 passenger motor vehicles for replacement only; and 
     the purchase of one vehicle required for physical security of 
     personnel, notwithstanding price limitations applicable to 
     passenger vehicles but not to exceed $232,340 per vehicle; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; $2,832,800,000, to remain available 
     for obligation until September 30, 2000.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of not to exceed 40 passenger 
     motor vehicles for replacement only; and expansion of public 
     and private plants, including land necessary therefor, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     $440,106,000, to remain available for obligation until 
     September 30, 2000.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands

[[Page S7451]]

     and interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes including 
     rents and transportation of things; $6,390,847,000 to remain 
     available for obligation until September 30, 2000.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related equipment, 
     including spare parts and accessories therefor, ground 
     handling equipment, and training devices; expansion of public 
     and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things; 
     $2,411,741,000, to remain available for obligation until 
     September 30, 2000.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854, title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $400,984,000, to remain available for obligation until 
     September 30, 2000.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of not to exceed 196 passenger motor 
     vehicles for replacement only; the purchase of one vehicle 
     required for physical security of personnel, notwithstanding 
     price limitations applicable to passenger vehicles but not to 
     exceed $232,340 per vehicle; and expansion of public and 
     private plants, Government-owned equipment and installation 
     thereof in such plants, erection of structures, and 
     acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; $6,653,053,000, to remain available for obligation 
     until September 30, 2000.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of not to exceed 381 passenger 
     motor vehicles for replacement only; expansion of public and 
     private plants, equipment, and installation thereof in such 
     plants, erection of structures, and acquisition of land for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway; $1,753,285,000, to remain 
     available for obligation until September 30, 2000.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces; $653,000,000, 
     to remain available for obligation until September 30, 2000: 
     Provided, That the Chiefs of the Reserve and National Guard 
     components shall, not later than 30 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees the modernization priority assessment for their 
     respective Reserve or National Guard component.

                                TITLE IV

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

           Research, Development, Test, and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment; $4,984,083,000 to remain available 
     for obligation until September 30, 1999: Provided, That, of 
     the amount appropriated under this heading, $4,500,000 is 
     available for a joint Department of Defense-Department of 
     Veterans Affairs program of cooperative clinical trials at 
     multiple sites to assess the effectiveness of protocols for 
     treating Persian Gulf veterans who suffer from ill-defined or 
     undiagnosed conditions.

           Research, Development, Test, and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment; $7,532,846,000, to remain available 
     for obligation until September 30, 1999: Provided, That funds 
     appropriated in this paragraph which are available for the V-
     22 may be used to meet unique requirements of the Special 
     Operations Forces.

         Research, Development, Test, and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment; $14,127,873,000, to remain 
     available for obligation until September 30, 1999.

       Research, Development, Test, and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment; $9,608,689,000, to 
     remain available for obligation until September 30, 1999: 
     Provided, That of the funds appropriated under this heading 
     $5,000,000 shall be available for a facial recognition 
     technology program: Provided further, That, $2,000,000 shall 
     be made available only for a joint service core research 
     project to develop a prototype hybrid integrated sensor array 
     for chemical and biological point detection: Provided 
     further, That of the funds appropriated under this heading, 
     $6,000,000 shall be available for a conventional munitions 
     demilitarization demonstration program.

               Developmental Test and Evaluation, Defense

       For expenses, not otherwise provided for, of independent 
     activities of the Director, Test and Evaluation in the 
     direction and supervision of developmental test and 
     evaluation, including performance and joint developmental 
     testing and evaluation; and administrative expenses in 
     connection therewith; $251,183,000, to remain available for 
     obligation until September 30, 1999.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith; $31,384,000, to remain available for obligation 
     until September 30, 1999.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds; $871,952,000.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744); $516,126,000, to 
     remain available until expended: Provided, That none of the 
     funds provided in this paragraph shall be used to award a new 
     contract that provides for the acquisition of any of the 
     following major components unless such components are 
     manufactured in the United States: auxiliary equipment, 
     including pumps, for all ship-board services; propulsion 
     system components (that is; engines, reduction gears, and 
     propellers); shipboard cranes; and spreaders for shipboard 
     cranes: Provided further, That the exercise of an option in a 
     contract awarded through the obligation of previously 
     appropriated funds shall not be considered to be the award of 
     a new contract: Provided further, That the Secretary of the 
     military department responsible for such procurement may 
     waive these restrictions on a case-by-case basis by 
     certifying in writing to the Committees on Appropriations of 
     the House of Representatives and the Senate, that adequate 
     domestic supplies are not available to meet Department of 
     Defense requirements on a timely basis and that such an 
     acquisition must be made in order to acquire capability for 
     national security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense, as 
     authorized by law; $10,317,675,000, of which $10,043,607,000 
     shall be for Operation and maintenance, of which not to 
     exceed one per centum shall remain available until September 
     30, 1999, and of which $274,068,000, to remain available for 
     obligation until September 30, 2000, shall be for 
     Procurement.

           Chemical Agents and Munitions Destruction, Defense

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of

[[Page S7452]]

     Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the 
     destruction of other chemical warfare materials that are not 
     in the chemical weapon stockpile, $609,700,000, of which 
     $467,200,000 shall be for Operation and maintenance, 
     $73,200,000 shall be for Procurement to remain available 
     until September 30, 2000, and $69,300,000 shall be for 
     Research, development, test and evaluation to remain 
     available until September 30, 1999: Provided, That of the 
     funds available under this heading, $1,000,000 shall be 
     available until expended each year only for a Johnston Atoll 
     off-island leave program: Provided further, That the 
     Secretaries concerned shall, pursuant to uniform regulations, 
     prescribe travel and transportation allowances for travel by 
     participants in the off-island leave program.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for Operation and 
     maintenance; for Procurement; and for Research, development, 
     test and evaluation; $691,482,000: Provided, That the funds 
     appropriated under this head shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred: Provided further, 
     That the transfer authority provided in this paragraph is in 
     addition to any transfer authority contained elsewhere in 
     this Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended; $135,380,000, of which 
     $133,380,000 shall be for Operation and maintenance, of which 
     not to exceed $500,000, is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on his certificate of necessity for confidential military 
     purposes; and of which $2,000,000, to remain available until 
     September 30, 2000, shall be for Procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain proper funding level 
     for continuing the operation of the Central Intelligence 
     Agency Retirement and Disability System; $196,900,000.

               Intelligence Community Management Account

       For necessary expenses of the Intelligence Community 
     Management Account; $122,580,000.

Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental 
                            Restoration Fund

       For payment to Kaho'olawe Island Conveyance, Remediation, 
     and Environmental Restoration Fund, as authorized by law; 
     $35,000,000, to remain available until expended.

                 National Security Education Trust Fund

       For the purposes of title VIII of Public Law 102-183, 
     $2,000,000, to be derived from the National Security 
     Education Trust Fund, to remain available until expended.

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002. During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004. No more than 20 per centum of the appropriations 
     in this Act which are limited for obligation during a single 
     fiscal year shall be obligated during the last two months of 
     such fiscal year: Provided, That this section shall not apply 
     to obligations for support of active duty training of reserve 
     components or summer camp training of the Reserve Officers' 
     Training Corps.


                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $2,000,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress: Provided further, 
     That of the authority provided under this section, not to 
     exceed $20,000,000 shall be available to meet requirements 
     for termination of the Reserve Mobilization Insurance 
     Program, notwithstanding Chapter 1214 of Title 10 of the 
     United States Code.


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session in advance to the 
     congressional defense committees.
       Sec. 8008. None of the funds contained in this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services shall be available for payments to 
     physicians and other non-institutional health care providers 
     in excess of the amounts allowed in fiscal year 1996 for 
     similar services, except that: (a) for services for which the 
     Secretary of Defense determines an increase is justified by 
     economic circumstances, the allowable amounts may be 
     increased in accordance with appropriate economic index data 
     similar to that used pursuant to title XVIII of the Social 
     Security Act; and (b) for services the Secretary determines 
     are overpriced based on allowable payments under title XVIII 
     of the Social Security Act, the allowable amounts shall be 
     reduced by not more than 15 per centum (except that the 
     reduction may be waived if the Secretary determines that it 
     would impair adequate access to health care services for 
     beneficiaries). The Secretary shall solicit public comment 
     prior to promulgating regulations to implement this section. 
     Such regulations shall include a limitation, similar to that 
     used under title XVIII of the Social Security Act, on the 
     extent to which a provider may bill a beneficiary an actual 
     charge in excess of the allowable amount.
       Sec. 8009. 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 
     thirty days in advance of the proposed contract award: 
     Provided, That no part of any appropriation contained in this 
     Act shall be available to initiate a multiyear contract for 
     which the economic order quantity advance procurement is not 
     funded at least to the limits of the Government's liability: 
     Provided further, That no part of any appropriation contained 
     in this Act shall be available to initiate multiyear 
     procurement 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

[[Page S7453]]

     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;
       T-45 aircraft; and
       AV-8B aircraft.
       Sec. 8010. 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. 8011. (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. 8012. Notwithstanding any other provision of law, none 
     of the funds made available by this Act shall be used by the 
     Department of Defense to exceed, outside the fifty United 
     States, its territories, and the District of Columbia, 
     125,000 civilian workyears: Provided, That workyears shall be 
     applied as defined in the Federal Personnel Manual: Provided 
     further, That workyears expended in dependent student hiring 
     programs for disadvantaged youths shall not be included in 
     this workyear limitation.
       Sec. 8013. 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. 8014. (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. 8015. 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. 8016. 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. 8017. 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. 8018. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) shall be available for the 
     reimbursement of any health care provider for inpatient 
     mental health service for care received when a patient is 
     referred to a provider of inpatient mental health care or 
     residential treatment care by a medical or health care 
     professional having an economic interest in the facility to 
     which the patient is referred: Provided, That this limitation 
     does not apply in the case of inpatient mental health 
     services provided under the program for the handicapped under 
     subsection (d) of section 1079 of title 10, United States 
     Code, provided as partial hospital care, or provided pursuant 
     to a waiver authorized by the Secretary of Defense because of 
     medical or psychological circumstances of the patient that 
     are confirmed by a health professional who is not a Federal 
     employee after a review, pursuant to rules prescribed by the 
     Secretary, which takes into account the appropriate level of 
     care for the patient, the intensity of services required by 
     the patient, and the availability of that care.
       Sec. 8019. 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. 8020. 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

[[Page S7454]]

     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 thirty days prior to the conclusion and endorsement of 
     any such agreement established under this provision.
       Sec. 8021. 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. 8022. 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. 8023. A member of a reserve component whose unit or 
     whose residence is located in a state which is not contiguous 
     with another state is authorized to travel in a space 
     required status on aircraft of the Armed Forces between home 
     and place of inactive duty training, or place of duty in lieu 
     of unit training assembly, when there is no road or railroad 
     transportation (or combination of road and railroad 
     transportation between those locations: Provided, That a 
     member traveling in that status on a military aircraft 
     pursuant to the authority provided in this section is not 
     authorized to receive travel, transportation, or per diem 
     allowances in connection with that travel.
       Sec. 8024. In addition to funds provided elsewhere in this 
     Act, $8,000,000 is appropriated only for incentive payments 
     authorized by section 504 of the Indian Financing Act of 
     1974, 25 U.S.C. 1544: Provided, That these payments shall be 
     available only to contractors which have submitted 
     subcontracting plans pursuant to 15 U.S.C. 637(d), and 
     according to regulations which shall be promulgated by the 
     Secretary of Defense within 90 days of the passage of this 
     Act.
       Sec. 8025. Notwithstanding any other provision of law, of 
     the revenue collected by the Department of Defense Working 
     Capital Funds, such amounts as may be required shall be made 
     available for obligation and expenditure for indemnification 
     of the leasing entity or entities to accomplish the lease of 
     aircraft for the VC-137 mission: Provided, That the funds 
     made available pursuant to this section shall remain 
     available until expended.
       Sec. 8026. 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 9 mm 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. 8027. 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. 8028. 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 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 261 of title 10, 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. 8029. 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 twenty-four months after initiation of 
     such study with respect to a single function activity or 
     forty-eight months after initiation of such study for a 
     multi-function activity.
       Sec. 8030. 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. 8031. 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. 8032. 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. 8033. (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 supplies 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. 8034. 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. 8035. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That, upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8036. Of the funds made available in this Act, not 
     less than $27,200,000 shall be available for the Civil Air 
     Patrol, of which $22,600,000 shall be available for Operation 
     and maintenance.
       Sec. 8037. (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

[[Page S7455]]

     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) The reductions specified in subsection (e) of this 
     section shall be applied only to funds budgeted to purchase 
     defense FFRDC activities and shall be applied on a pro-rata 
     basis to each program, project and activity which included 
     budget funds for defense FFRDC activities.
       (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. 8038. None of the funds in this or any other Act shall 
     be available for the preparation of studies on--
       (a) the cost effectiveness or feasibility of removal and 
     transportation of unitary chemical weapons or agents from the 
     eight 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
       (b) the potential future uses of the nine 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. 8039. 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. 8040. 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. 8041. 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. 8042. 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. 8043. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year as a result 
     of energy cost savings realized by the Department of Defense 
     shall remain available for obligation for the next fiscal 
     year to the extent, and for the purposes, provided in section 
     2865 of title 10, United States Code.
       Sec. 8044. To provide funds for additional required 
     aviation depot level repairables in the Air Force Operation 
     and Maintenance account, the amounts appropriated elsewhere 
     in this Act for the following appropriation accounts are 
     reduced by 1.0 per centum: Aircraft Procurement, Air Force; 
     Missile Procurement, Air Force; Procurement of Ammunition, 
     Air Force; Other Procurement, Air Force; and Research, 
     Development, Test and Evaluation, Air Force. 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.


                     (including transfer of funds)

       Sec. 8045. 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. 8046. 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. 8047. 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. 8048. To provide funds for additional required 
     aviation depot level repairables in the Navy Operation and 
     Maintenance account, the amounts appropriated elsewhere in 
     this Act for the following appropriation accounts are reduced 
     by 1.1 per centum: Aircraft Procurement, Navy; Weapons 
     Procurement, Navy; Procurement of Ammunition, Navy and Marine 
     Corps; Shipbuilding and Conversion, Navy; Other Procurement, 
     Navy; Procurement, Marine Corps; and Research, Development, 
     Test and Evaluation, Navy. 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.
       Sec. 8049. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8050. Of the funds appropriated or otherwise made 
     available by this Act, not more than $119,200,000 shall be 
     available for payment of the operating costs of NATO 
     Headquarters: Provided, That the Secretary of Defense may 
     waive this section for Department of Defense support provided 
     to NATO forces in and around the former Yugoslavia.
       Sec. 8051. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $100,000.
       Sec. 8052. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Working Capital Funds 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 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 five years after completion of the 
     modification: Provided, That this prohibition shall

[[Page S7456]]

     not apply to safety modifications: Provided further, That 
     this prohibition may be waived by the Secretary of a Military 
     Department if the Secretary determines it is in the best 
     national security interest of the United States to provide 
     such waiver and so notifies the congressional defense 
     committees in writing.
       Sec. 8054. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 1999.
       Sec. 8055. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8056. Of the funds appropriated by the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $8,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation, on Indian lands resulting 
     from Department of Defense activities.
       Sec. 8057. Amounts collected for the use of the facilities 
     of the National Science Center for Communications and 
     Electronics during the current fiscal year pursuant to 
     section 1459(g) of the Department of Defense Authorization 
     Act, 1986, and deposited to the special account established 
     under subsection 1459(g)(2) of that Act are appropriated and 
     shall be available until expended for the operation and 
     maintenance of the Center as provided for in subsection 
     1459(g)(2).
       Sec. 8058. None of the funds appropriated in this Act may 
     be used to fill the commander's position at any military 
     medical facility with a health care professional unless the 
     prospective candidate can demonstrate professional 
     administrative skills.
       Sec. 8059. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality-competitive, and 
     available in a timely fashion.
       Sec. 8060. None of the funds appropriated by this Act shall 
     be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work, 
     or
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source, or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support:

     Provided, That this limitation shall not apply to contracts 
     in an amount of less than $25,000, contracts related to 
     improvements of equipment that is in development or 
     production, or contracts as to which a civilian official of 
     the Department of Defense, who has been confirmed by the 
     Senate, determines that the award of such contract is in the 
     interest of the national defense.
       Sec. 8061. 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).
       Sec. 8062. None of the funds available to the Department of 
     Defense in this Act may be used to establish additional field 
     operating agencies of any element of the Department during 
     fiscal year 1998, except for field operating agencies funded 
     within the National Foreign Intelligence Program: Provided, 
     That the Secretary of Defense may waive this section by 
     certifying to the House and Senate Committees on 
     Appropriations that the creation of such field operating 
     agencies will reduce either the personnel and/or financial 
     requirements of the Department of Defense.
       Sec. 8063. Notwithstanding section 303 of Public Law 96-487 
     or any other provision of law, the Secretary of the Navy is 
     authorized to lease real and personal property at Naval Air 
     Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for 
     commercial, industrial or other purposes.


                             (rescissions)

       Sec. 8064. Of the funds provided in Department of Defense 
     Appropriations Acts, the following funds are hereby rescinded 
     from the following accounts in the specified amounts:
       ``Aircraft Procurement, Navy, 1997/1999'', $40,000,000;
       ``Research, Development, Test and Evaluation, Defense-Wide, 
     1997/1998'', $29,700,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     1997/1998'', $25,000,000.
       Sec. 8065. None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, the Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8066. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of North Korea 
     unless specifically appropriated for that purpose.
       Sec. 8067. During the current fiscal year, funds 
     appropriated in this Act are available to compensate members 
     of the National Guard for duty performed pursuant to a plan 
     submitted by a Governor of a State and approved by the 
     Secretary of Defense under section 112 of title 32, United 
     States Code: Provided, That during the performance of such 
     duty, the members of the National Guard shall be under State 
     command and control: Provided further, That such duty shall 
     be treated as full-time National Guard duty for purposes of 
     sections 12602 (a)(2) and (b)(2) of title 10, United States 
     Code.
       Sec. 8068. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Unified and 
     Specified Commands and Defense Agencies shall be available 
     for reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence support to Unified Commands, 
     Defense Agencies and Joint Intelligence Activities, including 
     the activities and programs included within the General 
     Defense Intelligence Program and the Consolidated Cryptologic 
     Program: Provided, That nothing in this section authorizes 
     deviation from established Reserve and National Guard 
     personnel and training procedures.
       Sec. 8069. During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 1996 
     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.
       Sec. 8070. All refunds or other amounts collected in the 
     administration of the Civilian Health and Medical Program of 
     the Uniformed Services (CHAMPUS) shall be credited to current 
     year appropriations.


                     (including transfer of funds)

       Sec. 8071. 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.


                          (transfer of funds)

       Sec. 8072. Appropriations available in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' for 
     increasing energy and water efficiency in Federal buildings 
     may, during their period of availability, be transferred to 
     other appropriations or funds of the Department of Defense 
     for projects related to increasing energy and water 
     efficiency, to be merged with and to be available for the 
     same general purposes, and for the same time period, as the 
     appropriation or fund to which transferred.
       Sec. 8073. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes.
       Sec. 8074. Notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies

[[Page S7457]]

     and equipment, on a nonreimbursable basis, to American Samoa: 
     Provided, That notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to the Indian Health 
     Service when it is in conjunction with a civil-military 
     project.
       Sec. 8075. None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.


                          (transfer of funds)

       Sec. 8076. In addition to amounts appropriated or otherwise 
     made available by this Act, $300,000,000 is hereby 
     appropriated to the Department of Defense and shall be 
     available only for transfer to the United States Coast Guard.
       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. (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. 8079. (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.--(1) This section applies to--
       (A) 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
       (B) 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. 8080. 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 U.S. 
     defense exports not otherwise provided for: Provided, That 
     the total contingent liability of the United States for 
     guarantees issued under the authority of this section may not 
     exceed $15,000,000,000: Provided further, That the exposure 
     fees charged and collected by the Secretary for each 
     guarantee, shall be paid by the country involved and shall 
     not be financed as part of a loan guaranteed by the United 
     States: Provided further, That the Secretary shall provide 
     quarterly reports to the Committees on Appropriations, Armed 
     Services and Foreign Relations of the Senate and the 
     Committees on Appropriations, National Security and 
     International Relations in the House of Representatives on 
     the implementation of this program: Provided further, That 
     amounts charged for administrative fees and deposited to the 
     special account provided for under section 2540c(d) of title 
     10, shall be available for paying the costs of administrative 
     expenses of the Department of Defense that are attributable 
     to the loan guarantee program under subchapter VI of Chapter 
     148 of title 10.
       Sec. 8081. 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. 8082. None of the funds available to the Department of 
     Defense under this Act shall be obligated or expended to pay 
     a contractor under a contract with the Department of Defense 
     for costs of any amount paid by the contractor to an employee 
     when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.
       Sec. 8083. (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. 8084. 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. 8085. During the current fiscal year, no more than 
     $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. 8086. 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 one per 
     centum limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8087. Notwithstanding 31 U.S.C. 1552(a), not more than 
     $14,000,000 appropriated under the heading ``Aircraft 
     Procurement, Air Force'' in Public Law 102-396 which was 
     available and obligated for the B-2 Aircraft Program shall 
     remain available for expenditure and for adjusting 
     obligations for such program until September 30, 2003.
       Sec. 8088. 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 one per centum of the total 
     appropriation for that account.


                          (TRANSFER OF FUNDS)

       Sec. 8089. 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:

[[Page S7458]]

       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;
       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;
       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;
       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, $10,654,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy 
     1996/2000'':
       SSN-21 attack submarine program, $6,907,000;
       DDG-51 destroyer program, $3,747,000;
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy 
     1994/1998'':
       LHD-1 amphibious assault ship program, $400,000;
       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, $12,451,000;
       LPD amphibious transport dock ship program, $5,062,000;
       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.
       Sec. 8090. 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 1996 is submitted.
       Sec. 8091. Notwithstanding any other provision of law, none 
     of the funds appropriated in this Act may be used to 
     purchase, install, replace, or otherwise repair any lock on a 
     safe or security container which protects information 
     critical to national security or any other classified 
     materials and which has not been certified as passing the 
     security lock specifications contained in regulation FF-L-
     2740 dated October 12, 1989, and has not passed all testing 
     criteria and procedures established through February 28, 
     1992: Provided, That the Director of Central Intelligence may 
     waive this provision, on a case-by-case basis only, upon 
     certification that the above cited locks are not adequate for 
     the protection of sensitive intelligence information.
       Sec. 8092. 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. 8093. 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. 8094. (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. 8095. 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. 8096. 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. 8097. 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 U.S. 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 
     foreign-built cruise ship otherwise in compliance with 46 
     U.S.C. Sections 289, 883 and 12106 until such date which is 
     twenty-four (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. 
     Section 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. Section 802(b): Provided further, That for 
     purposes of this section the term ``related person'' means 
     with respect to a person (i) a holding company, subsidiary, 
     affiliate or association of the person and (ii) an officer, 
     director, or agent of the person or of an entity referred to 
     in (i): 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. 8098. 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, second session.
       Sec. 8099. Effective on June 30, 1998, section 8106(a) of 
     the Department of Defense Appropriations Act, 1997 (titles I 
     through VIII of

[[Page S7459]]

     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 
     out ``$3,000,000'' and inserting in lieu thereof 
     ``$1,000,000''.
       Sec. 8100. It is the sense of the Senate that--
       (1) international efforts to bring indicted war criminals 
     to justice in Bosnia and Herzegovina consistent with the 1995 
     Dayton Accords should be supported as an important element in 
     creating a self-sustaining peace in the region;
       (2) the Administration should consult closely with the 
     Congress on all efforts to bring indicted war criminals to 
     justice in Bosnia and Herzegovina consistent with the 1995 
     Dayton Accords; and
       (3) the Administration should consult closely and in a 
     timely manner with the Congress on the NATO-led Stabilization 
     Force's mission concerning the apprehension of indicted war 
     criminals, including any changes in the mission which could 
     affect American forces.
       Sec. 8101. 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. 8102. Of the total amount appropriated under title II 
     for the Navy, the Secretary of the Navy shall make 
     $36,000,000 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. 8103. (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 likely to be considered by the 
     Senate 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 likely to be considered by the 
     Senate 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. 8104. (a) The Secretary of Defense shall waive 
     generally with respect to a foreign country each limitation 
     on procurements from foreign sources provided in law if the 
     Secretary determines that the application of the limitation 
     with respect to that country would impede cooperative 
     programs entered into between the Department of Defense and 
     the foreign country, or would impede arrangements for the 
     reciprocal procurement of defense items entered into under 
     section 2531 of title 10, United States Code, or under any 
     other provision of law, and the country does not discriminate 
     against defense items produced in the United States to a 
     greater degree than the United States discriminates against 
     defense items produced in that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of warships.
       Sec. 8105. 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. 8106. 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. 8107. (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;
       (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).
       This Act may be cited as the ``Department of Defense 
     Appropriations Act, 1998''.

  Mr. STEVENS. Mr. President, I move to reconsider the vote.
  Mr. INOUYE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. Mr. President, I ask unanimous consent that this bill, 
S. 1005, not be engrossed, that it remain at the desk pending the 
receipt of the House companion measure. I further ask unanimous consent 
that when the House companion measure is passed pursuant to the 
previous order, the passage of S. 1005 be vitiated and that S. 1005 be 
indefinitely postponed.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I have a list of a portion of my staff 
that I would like to have access and have floor privileges through July 
23.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The list is as follows:

 Senator Stevens' High School and College Interns for Floor Privileges

       Tuesday, July 15--Antonette Advincula, Kai Binkley, and 
     Sarah Wood.
       Wednesday, July 16--Carolyn Coghill, Clint Hess, and James 
     Eklund.
       Thursday, July 17--Daniel Cope, Wendi Dow, and Jennifer 
     Burgess.
       Friday, July 18--Kelly Eningowuk, Matt Johnson, and Bronwyn 
     Rick.
       Monday, July 21--Matt Hopper, Larissa Sommer, and Melissa 
     Kassier.
       Tuesday, July 22--James Hayes and Jay McAlpin.
       Wednesday, July 23--Jessica Huddleston and Kate Williams.

  Mr. INOUYE. Mr. President, I commend my chairman, the distinguished 
Senator from Alaska, for his extraordinary brilliance in managing the 
bill before us, and to commend Mr. Steve Cortese and Mr. Charles Houy 
for assisting us in this happy journey.
  Mr. STEVENS. Mr. President, I thank the Senator from Hawaii 
particularly for congratulating our mutual staff, but I think the 
Senate knows that this partnership between the Senator from Hawaii and 
myself has gone on now for 29 years, and I consider that to be a 
formidable friendship and partnership. I am delighted to have the 
benefit of his advice, counsel, and assistance. He really is a true 
partner.

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