[Congressional Record Volume 144, Number 84 (Wednesday, June 24, 1998)]
[House]
[Pages H5222-H5252]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1999

  The SPEAKER pro tempore. Pursuant to House Resolution 484 and rule 
XXIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 4103.

                              {time}  1820


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 4103) making appropriations for the Department of Defense for the 
fiscal year ending September 30, 1999, and for other purposes, with Mr. 
Camp in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Florida (Mr. Young) and the 
gentleman from Pennsylvania (Mr. Murtha) each will control 30 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Young).
  Mr. YOUNG of Florida. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, we are happy to present the defense appropriations bill 
for fiscal year 1999. I believe we can expedite the program this 
evening and be out of here before it gets too late. It is an important 
piece of legislation that I think most Members will want to support. 
There will be several amendments that we would anticipate, but I think 
we can move rather expeditiously.
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. YOUNG of Florida. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, I made all my comments on the rule, and I 
am prepared to yield back at any time.
  Mr. YOUNG of Florida. Mr. Chairman, reclaiming my time, I think we 
will be prepared to do that very shortly. I think it would be in order 
to advise the Members of some of the highlights of the bill.
  Before I do that, I want to recognize two members of this 
subcommittee. This will be the last time that they will serve on this 
subcommittee and be part of this bill, and that is our colleagues the 
gentleman from Pennsylvania (Mr. McDade) and the gentleman from North 
Carolina (Mr. Hefner).
  Mr. Chairman, these two gentlemen have served on this subcommittee 
for a long, long time, and many things have happened during their time 
here. The Berlin Wall came down during the time they were here, and we 
are going to give them credit for helping to make that happen.
  The gentleman from North Carolina (Mr. Hefner) wanted to know if he 
was going to get anything special in this bill. I said no; we would get 
together and buy him a watch or something, but he was not going to get 
anything special in the bill just because he was leaving.
  Mr. Chairman, both the gentleman from North Carolina (Mr. Hefner) and 
the gentleman from Pennsylvania (Mr. McDade) have been true patriots, 
they have been very strong on national defense, they have not been 
bashful in presenting their views on matters that came before the 
committee, and I think the House and their country owe a lot to the 
contributions they have made to the national security as members of 
this important subcommittee.
  All of the members on this subcommittee, Mr. Chairman, have been 
extremely diligent and have worked many, many long hours, days and 
weeks, to prepare this bill, to go over the issues that we have to go 
over, the thousands of items that we have responsibility for.
  Mr. Chairman, I would like to compliment the gentleman from 
Pennsylvania (Mr. Murtha), the ranking member, and I want to say that 
as we present this bill, this is a bipartisan bill. It has been for 
many, many years, and it is for fiscal year 1999.
  I would say to the Members that the gentleman from Pennsylvania (Mr. 
Murtha) deserves a lot of credit as the leader on the minority side and 
former chairman. We have worked together in a partnership to make sure 
that the decisions that were made were in the interests of the security 
of our Nation, that they had a direct defense application and that 
there was a requirement for them.
  So we bring a bill today that is slightly under the President's 
budget, and when we adjust for inflation, we are $2.5 billion under 
where we were for fiscal year 1998. But we have been able to go through 
the various accounts. I would encourage Members to take a look at this 
report.
  Mr. Chairman, we have talked so many times about waste, fraud and 
abuse in Federal agencies. In this report you will find page after 
page, example after example, of where we have gone through every 
contract and every program and we have found places where there was 
waste that we eliminated; we have found places where we can save money 
because of contract slips, and we did that. Because we did that, we 
were able to provide most of the things that the President asked for in 
his budget, and, at the same time, we were able to make some additions.
  Mr. Chairman, I would like to tell the House what those additions 
are. I would like to say that we did fund the pay raise for members of 
the military and the civilian workers in the Department of Defense. We 
have been able to increase substantially real property maintenance so 
that we could do something about the poor living conditions that some 
of our soldiers, sailors, Marines and airmen have to live in. We have 
provided additional money for the spare parts and flying hours so that 
we do not go directly to a hollow force.
  But one thing we did not do, Mr. Chairman, we did not provide enough 
money to adequately provide for the security of this Nation today and 
in the years to come. We are on a down slope. This will be the 14th 
year in a row that our investment in our own national security has been 
less than it was the year before, when inflation is considered.
  We have ships at sea that are undermanned. We have men and women who 
are deployed more often than they should be. The deployments are 
excessive, the OPTEMPO is excessive, and you just cannot continue to do 
more with less.
  The worst part about this bill is it does not meet the requirements 
of the services. The services themselves and the Reserve components 
have identified approximately $12 billion in unbudgeted requirements 
for this year alone that they need to just maintain the infrastructure, 
not create some new weapons system, not to create something new and 
glamorous and dramatic, but just to do the day-to-day things that are 
required to keep the military functioning and to keep readiness up. So 
that is a major problem in this bill. It just does not have enough to 
take care of those problems.
  Mr. Chairman, we will debate many of these issues as we go through 
some of the amendments. At this point, however, I would like to insert 
in the Record a table which summarizes the overall funding in this bill 
as it currently stands before the House.

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  Mr. Chairman, I yield two minutes to the gentleman from New York (Mr. 
Gilman), the distinguished chairman of the Committee on International 
Relations.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Chairman, I thank the gentleman for yielding me time 
for the purpose in engaging in a colloquy relating to a provision in 
this bill on naval vessel transfers.
  Mr. Chairman, as the gentleman from Florida knows, I appeared before 
the Committee on Rules yesterday to oppose making in order section 8102 
of this bill. Section 8102 authorizes the transfer of naval vessels to 
certain foreign nations. It directly concerns the Foreign Assistance 
Act and the Arms Export Control Act, and thus falls squarely within the 
jurisdiction of the Committee on International Relations. In addition, 
it constitutes an item of authorization that directly violates clause 2 
of rule XXI of the House.
  This section should be subject to a point of order on this bill, but 
it is not, because the Committee on Rules and the leadership of this 
house chose to protect the provision.
  Section 8102 also establishes a new military foreign aid program for 
two countries that we graduated from foreign aid just last year, and 
also uses a budget maneuver to fund this new foreign aid program, while 
providing another $500 million in spending in this bill.
  I would ask the gentleman from Florida (Mr. Young) if it would be his 
intention to work with the Committee on International Relations and 
keep us fully informed during his conference with the Senate on the 
status of this provision?
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. GILMAN. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. Mr. Chairman, I would be happy to respond to 
the gentleman that I would be pleased to keep the chairman of the 
Committee on International Relations fully informed about the status of 
this provision during our conference committee. The gentleman from New 
York (Mr. Gilman) and I have discussed this, and we have an 
understanding with each other that we will certainly do that.
  Mr. GILMAN. Mr. Chairman, reclaiming my time, I want to thank the 
gentleman from Florida. Let me ask the gentleman, would he further 
agree that he would support a modification to this provision in the 
conference committee to make certain that subsections 8102(f) and 
8102(g) are deleted?
  Mr. YOUNG of Florida. Mr. Chairman, if the gentleman would yield 
further, I would assure the gentleman that I will work with my House 
and Senate colleagues in conference to develop the appropriate 
modifications to these subsections, and will continue to work with the 
gentleman from New York to reach a mutually satisfactory outcome on 
this matter.
  Mr. GILMAN. Mr. Chairman, reclaiming my time, I want to thank the 
gentleman from Florida for his assurance, and for yielding me time to 
engage in this colloquy.

                              {time}  1830

  Mr. YOUNG of Florida. Mr. Chairman, I yield myself 1 minute.
  Mr. MANZULLO. Mr. Chairman, will the gentleman yield?
  Mr. YOUNG of Florida. I yield to the gentleman from Illinois.
  Mr. MANZULLO. Mr. Chairman, I share the concern of my committee 
chairman. What we are doing is selling 48 ships for only $13 million 
apiece.
  About 3 years ago in a hearing in the Committee on International 
Relations, which has original jurisdiction over the sale of surplus 
ships, there was a move to give away 10 ships, to which I objected, and 
Senator Brownback from Kansas and I passed legislation, subsequently 
called the Manzullo amendment. Those 10 ships were then sold for $495 
million.
  Subsequent to that, every year that amendment has come up, and that 
money is kept back in the coffers in IR towards that bill. But this 
takes jurisdiction away from the Committee on International Relations. 
I do not know if this is a bargain sale or not, but I would like some 
type of assurance from whoever set this price at $637 million that the 
United States is not giving away billions of dollars worth of ships for 
which we should be fully compensated.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. MANZULLO. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. Mr. Chairman, I would respond to the gentleman 
by saying first that I have given my assurance to the chairman of his 
committee; second, we do not set the price for these ships; third, 
without these transfers, these ships are going to be mothballed or cut 
up into scraps. Finally, who they are going to would primarily be to 
NATO allies for their own defense.
  Mr. MANZULLO. I would like whoever set the price to furnish that.
  Mr. YOUNG of Florida. I do not set the price. We do not set the 
price.
  Mr. MURTHA. Mr. Chairman, I yield 3 minutes to the gentleman from 
Oregon, Mr. DeFazio.
  Mr. DeFAZIO. Mr. Chairman, I would like to engage the chairman for a 
moment in two very important programs in which I know the chairman has 
a great interest.
  The first is the DOD-VA medical research account. Last year the 
chairman graciously accepted my amendment on the floor to lift the 
amount of money invested in this program, a tremendous program dealing 
with Gulf War syndrome, traumatic nervous system injury, and other 
combat readiness and combat-related injuries to $15 million. Eleven 
million dollars is in the House bill.
  I would like to know the chairman's intention, if we can be assured 
that in the conference the chairman will strive to make the program 
whole so we at least can maintain current services.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. DeFAZIO. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. Mr. Chairman, I hope the gentleman knows that 
we do support this program, despite the fact that it was not included 
in the President's budget. We did provide some $11 million for the 
program. We intend to support this program in conference.
  Mr. DeFAZIO. Mr. Chairman, there is a second program, and this is a 
little bit personal to my district. There is a program which the 
gentleman is familiar with, the National Guard Youth Challenge Program. 
It actually operates in Oregon in the district of the gentleman from 
Oregon (Mr. Bob Smith).
  But if the gentleman is aware of the tragic shooting that took place 
in the high school near my home in Springfield, rather sadly, the 
father of that youth was attempting on the day that he was killed to 
enroll the youth into the National Guard Youth Challenge Program, 
because it has such an incredible reputation in our State. They have 
put more than 500 at-risk youth through that program, and Major General 
Reese told me that only 4 of those youths out of 500 have committed 
crimes after going through that program.
  I realize that the administration only requested $28.5 million, and I 
certainly intend to put efforts into getting the administration to ask 
for more next year. I realize that the chairman has upped that by $10 
million during the committee process.
  It is my great hope that the chairman can strive to reach, at least 
in conference, the $50 million level, which would maintain the current 
services. There are States, including that of the gentleman from 
Pennsylvania (Mr. Murtha) on the waiting list.
  I would hope, I know the chairman supports the program, I would hope 
that we can strive to at least make the program whole and perhaps get 
to some of the States on the waiting list in the near future.
  Mr. YOUNG of Florida. If the gentleman will yield, again I would 
respond in the affirmative that we do support this program and we did 
add money over and above the President's budget request.
  We will do the best we can in conference, and I will be honest with 
my colleague and say that is the best commitment I can give him now. We 
will do the best we can. But understand that going into conference, we 
are going to be several billion dollars apart. We will do the very best 
we can to achieve what the gentleman would like to achieve.

[[Page H5227]]

  Mr. DeFAZIO. I thank the gentleman. I would note that the Senate is 
at 62. If we did the usual sort of split the difference, we would come 
out a little over 50, which would make the program whole.
  Mr. YOUNG of Florida. The gentleman is correct, and that happens a 
lot.
  Mr. DeFAZIO. I thank the gentleman.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 1 minute to the gentleman 
from New Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Mr. Chairman, Lyme disease is one of the 
Nation's fastest growing infectious diseases. This is an issue of great 
concern to military personnel and their families who serve and train in 
areas endemic for Lyme disease.
  In New Jersey both Fort Dicks and Naval Weapons Station Earle have 
been indicated as having high levels of risk of Lyme disease during 
their latest known Lyme disease risk assessment.
  As the chairman knows, as a result of an amendment that I had offered 
in 1994, the Department of Defense Lyme disease research programs ran 
out in February of 1997. According to the Army Surgeon General's 
office, a mere $600,000 would be needed each year to optimally maintain 
the tick-borne disease program and the Molecular Biology Laboratory.
  Can the chairman assure me that the conference report on this bill 
will contain the $600,000 in funding that the U.S. Army needs to 
continue with this important work in the fight against Lyme disease, 
and tick-borne diseases?
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. SMITH of New Jersey. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. Mr. Chairman, I agree with the gentleman from 
New Jersey that this important funding should and will be renewed. To 
that end, I will try to work during the conference and negotiations on 
this to ensure that it will contain the necessary resources to enable 
the Department of Defense, as well as the United States Army Center for 
Health Promotion and Preventative Medicine, to continue their work in 
the area of Lyme disease.
  I also want to commend the gentleman for raising this issue with me 
and with the committee. The gentleman is correct that Lyme disease and 
tick-borne illnesses are a significant problem for our troops in many 
areas of our country. I want to make sure that we do everything we can 
to make sure American military personnel are protected against the 
risks of Lyme disease when they are deployed or training in endemic 
areas.
  Mr. SMITH of New Jersey. I thank the distinguished chairman.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 4 minutes to the 
gentleman from California (Mr. Cunningham), a member of the 
subcommittee.
  Mr. CUNNINGHAM. Mr. Chairman, I thank the gentleman for yielding me 
the time.
  What a good committee to serve on, Mr. Chairman. The gentleman from 
Pennsylvania (Mr. Jack Murtha) has done nothing but been supportive and 
fought for the national security of this country. I would say that of 
every single subcommittee member on both sides of the aisle. There is 
no partisanship, it is for the national security of this country.
  However, I would tell the Members, Mr. Chairman, that national 
defense, and I was a professional for 20 years, is at the lowest I have 
seen it in 30 years, the worst shape I have seen it in 30 years. We 
could survive with a low budget and a balanced budget amount that we 
put in, but what is killing national security are the deployments and 
the national security policy of the White House, 300 percent OP TEMPO 
deployments away from home above what we were in the Cold War. That 
money from Haiti and Somalia and Bosnia and all the other deployments 
comes out of defense budgets. It is killing us.
  The effect is, it is driving our military out of the service. The 
gentleman from Pennsylvania (Mr. Murtha) will agree. We only have 24 
percent retention of our enlisted. That means our experience is going 
away. We are dealing with 1970s technologies in our F-14s, F-15s, F-
16s.
  There are only four up jets in Oceana today. They normally have 45 
for training. Why is this? Because they are cannibalizing off the 
airplanes we have up and sending them to the front. Used parts on an 
old airplane with maintenance troops that are less and less qualified 
means that we are going to lose airplanes and air crew in massive 
numbers in the next 5 years, starting this year, Mr. Chairman. We have 
to do something about that.
  Look at what the threat is. In my first chart, those that will come 
before this body and say the Cold War is over, this is what the threat 
is. All over the world, this is where the Fulcrum, the Flankers, and 
the enemy missiles are stationed. Our own President sent missile 
technology to China, and China has been shipping chemical and 
biological weapons and nuclear components to Iran, Iraq, Syria, and 
Pakistan; real threats to this country. The Cold War is not over.
  I look at the next chart. This is just general equipment where the 
technology is above U.S. technology. I am alive today in combat because 
I had better training and better equipment. This edge is gone, Mr. 
Chairman.
  This is the SA-5, this is the SA-11 surface-to-air missiles, this is 
the tanks, this is the quad and radar-directed fire. I can go on and on 
with how their technology--they are supposed to be broken, the Cold War 
is over, but take a look.
  Look at this, Mr. Chairman. This is the AA-10 and AA-12 missile, that 
out-ranges our best missiles. Our pilots are going to die if they face 
Russian technology.
  Mr. Chairman, look at the F-14, F-15, F-16, F-18, today. If they meet 
an SU-27, an SU-27 they are at parity with, but an SU-35 or 37, with 
their technology and these missiles on board, if we come head to head 
and they can see us before we see them, their missiles out-range us and 
are better, better than our American Ram. The technology of the F-22 
and the F-18E/F puts the Stealth where we can close inside those 
technologies, yet we do not have the procurement. This committee had to 
cut 3 F-18s. We also need C130s for transportation.
  I think in conference we will get all of them, but the threat is 
there. The Cold War is not over. I would ask my colleagues that want to 
continue to cut defense, there is a hollow force today, my colleagues. 
It is in the worst shape I have ever seen it in my entire life in 
service in the military.
  Do not let it happen, because it is going to be our sons and our 
daughters and our grandchildren that we are going to ask to serve. Do 
not ask them to serve and come back in a body bag.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the 
gentleman from Indiana (Mr. Roemer) for a colloquy.
  Mr. ROEMER. Mr. Chairman, I thank the chairman for yielding time to 
me.
  Mr. Chairman, I want to commend the chairman and the ranking member 
of the Committee on National Security for their work on the defense 
appropriations bill for FY 1999. I want to especially thank the 
gentleman from Pennsylvania (Mr. Murtha) and the gentleman from Florida 
(Mr. Young) for their help on the humvee and 2\1/2\ ton truck.
  I am particularly grateful to the gentleman from Florida (Chairman 
Young) for his sharing my concerns of the Navy's plans to procure a new 
target missile system. The current supply of Vandal missiles will run 
out in 2001, and the Navy must replace it with a new supersonic sea-
skimming target missile.
  Over 100 of my constituents work on the Sea Snake, and I am concerned 
about the potential willingness of the Navy to procure a Russian-made 
target missile to meet their long-term future needs. The Navy has spent 
a significant amount of foreign cooperative test program money 
developing the Russian MA-31. Furthermore, the Navy, on June 8, 
announced its intent to award a firm, fixed-price solo source contract 
to procure the MA-31 for target shooting purposes.
  In the view of the pending RFP due out later this month, I am 
concerned about the Navy's procuring the MA-31 at this time, as it is a 
competitor in an open and fair competition. It is difficult for me to 
believe that will in fact be a truly open or truly fair competition. I 
would like to ask my colleague, the distinguished chairman, if he is

[[Page H5228]]

aware of this recent announcement, and if he shares my concern over 
this competition.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. ROEMER. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. Mr. Chairman, I would respond to the gentleman 
and thank the chairman for raising this issue.
  As he knows because of our numerous conversations about this, I want 
to assure him that we will do everything we can to guarantee that the 
Navy does what it is supposed to do and what the report of this 
subcommittee tells it to do, and that is to follow all the procedural 
requirements for an open and fair competition.
  Mr. ROEMER. I thank the distinguished chairman. I thank my ranking 
member, the gentleman from Pennsylvania (Mr. Murtha) for all his help, 
and I think both share in my puzzlement as to why the Navy would want 
to procure and rely upon a Russian-made target system at the expense of 
the only American-made source of target systems.
  If the Navy continues on the present course American jobs could be 
lost, and the only source of target missiles will be lost as well.
  Mr. MURTHA. Mr. Chairman, I yield 4 minutes to the gentleman from 
Texas (Mr. Bentsen).
  (Mr. BENTSEN asked and was given permission to revise and extend his 
remarks.)
  Mr. BENTSEN. Mr. Chairman, I had intended to offer an amendment in 
the general provisions section of this bill limiting the Navy from 
being able to expend funds for the disposal of napalm, which is 
currently stockpiled in Southern California.

                              {time}  1845

  Earlier this week, it came to my attention that the Navy's general 
contractor is very close to letting subcontracts to one or more 
disposal operations in Texas, including in my district in Deer Park, 
Texas, as well as San Leon, Texas, Port Arthur, Texas, and Andrews 
County, Texas.
  My concern, and I think the concern of the regulators in my State, 
the Texas Natural Resource Conservation Commission, and the Governor of 
Texas, who was only notified yesterday, is that the Navy has not done a 
very adequate job of notifying the public of what their intention is. 
And this comes on the heels of their earlier intent to dispose in East 
Chicago.
  If lieu of offering what would be a very broad amendment, in short 
order I am willing to withdraw it. But I would like to ask if the 
ranking member and the chairman of the subcommittee would help in 
encouraging the Navy, if they decide to go forward, to provide better 
notification.
  Their intent is to award the contract July 6 through July 8 and start 
transporting product between July 15 and 16. This is the same time we 
have an incredible bottleneck in rail with the Union Pacific/Southern 
Pacific merger, more than 300,000 cars blocked in the greater Houston 
area.
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. BENTSEN. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, let me say to the gentleman from Texas (Mr. 
Bentsen), the Navy has really handled this badly as far as keeping 
people informed and it is unfortunate. I think the gentleman has taken 
a very reasonable position that they have not consulted with him or 
talked to him, barely notified him as they were about to move things 
through.
  Mr. Chairman, I can assure the gentleman from Texas that we will 
watch this carefully. Any amendment offered would make it even more 
difficult to solve this problem. As a matter of fact, a couple of 
people came to me with ideas about how to solve the problem and they 
sent them to the Navy. Hopefully, we will be able to solve this problem 
quickly.
  It is a very big problem in California because it is starting to 
leech out, so we have to do something about it. I assure the gentleman 
we will work with him and try to do something.
  Mr. PACKARD. Mr. Chairman, will the gentleman yield?
  Mr. BENTSEN. I yield to the gentleman from California.
  Mr. PACKARD. Mr. Chairman, I appreciate the gentleman from Texas (Mr. 
Bentsen) yielding, and I deeply appreciate the gentleman not 
introducing his amendment.
  Just to give a little background, the gentleman from Pennsylvania 
(Mr. Murtha) has clearly outlined it, but for 25 years the napalm has 
been stored in my district at an ammunition depot. No one has been 
overly concerned about it until it started leaking out of the canisters 
into the soil and into the air, and then it became of great concern to 
the Navy and to some of the people in my district.
  The Navy has carefully outlined a plan to recycle it. They have made 
no decision to this point as to what company they would offer a 
contract to. I know that Texas is being considered, but it is only one 
of the considerations.
  But, Mr. Chairman, they have got to be able to process it and recycle 
it. It cannot stay the way it is. It would be a terrible hazard if it 
stayed the way it was. And so the gentleman's amendment would have 
really resulted in a situation that is unacceptable.
  Mr. BENTSEN. Mr. Chairman, reclaiming my time, I appreciate the 
gentleman's response on that issue. The biggest concern we have, and 
yes, the Navy does have to do something with this, but they need to 
notify the public of this.
  We are talking about, in the case of Deer Park, part of the third 
largest metropolitan area in the country, and we do have a lot of 
petrochemical industry. But to give us 2 weeks notification before it 
is transported, or 3 weeks, is insufficient.
  Mr. PACKARD. Mr. Chairman, if the gentleman would continue to yield, 
I will do all I can to get the Navy to do a better job of communicating 
and working with us, but the fact is napalm under the plan is safer to 
ship than gasoline, and we ship gasoline on the streets of our 
communities all across America every day. But it is much safer than 
gasoline or many of the other products that they ship on a daily basis.
  Mr. CUNNINGHAM. Mr. Chairman, will the gentleman yield?
  Mr. BENTSEN. I yield to the gentleman from California.
  Mr. CUNNINGHAM. Mr. Chairman, I have talked to the Navy and regarding 
the problem of the backup of railroad cars, they would bring it as far 
as Texas and then off-load it onto trucks and bring it in. So it would 
not affect that kind of problem.
  This was not a problem until the White House got involved with it in 
East Chicago, Indiana, and stopped it right just before the elections. 
Now Al Gore is going to Texas and all of a sudden it stopped because of 
the environmentalists.
  Mr. Chairman, we will work hand-in-hand with the gentleman from Texas 
(Mr. Bentsen), because there is no problem with it. As the gentleman 
from California (Mr. Packard) has said, this is safer than gas to ship. 
It will also be used to make cement. It is a useful product. The wood 
will be chewed up and go to Oklahoma and the metal, the aluminum, will 
be recycled. It is a win-win situation.
  I agree the gentleman's constituents in Texas need to know what the 
positives are instead of the negatives.
  Mr. BENTSEN. Mr. Chairman, again reclaiming my time, if the Navy can 
solve the rail problem, that would be a swift trick, but that is 
something they need to be concerned about.
  I appreciate the comments of the gentleman from California and 
appreciate the help of the gentleman from Pennsylvania (Mr. Murtha) on 
this issue.
  Mr. MURTHA. Mr. Chairman, I yield 2 minutes to the gentleman from 
Massachusetts (Mr. Frank).
  Mr. FRANK of Massachusetts. Mr. Chairman, I was going to offer an 
amendment. I will not be offering it. The lateness of the hour, 
frankly, makes me think it would not get the kind of attention that I 
would have hoped. But I do want to explain why I am going to vote 
against this bill.
  Mr. Chairman, we are in a different situation post-Cold War, and I 
continue to be perplexed by those who argue that we are not safer. It 
seems to me people are denigrating the whole notion that we 
accomplished something significant by the dismantlement of the Soviet 
Union.
  Yes, there are threats in the world today that exist other than the 
major

[[Page H5229]]

threat we had in the Soviet Union. Those threats, of course many of 
them existed then as well. There is a quantitative difference. For 50 
years, beginning with the rise of Hitler and the emergence of the 
Soviet Union, the physical existence of this country was at risk. We 
had evil people who hated democracy who had the ability substantially 
to inflict physical damage on us.
  That has been substantially changed. We do face dangers in the world 
today, but they are not of the order that they were during the Hitler 
and the Stalin years and their successors, yet we continue to spend at 
very high levels.
  Mr. Chairman, we are in a zero sum situation. Money we spend on the 
military cannot be spent on keeping cops on the streets, fighting drugs 
here at home, providing necessary housing for people, fighting 
environmental hazards. And there is a way that we could make savings 
that the administration of this Congress has failed to take advantage 
of.
  We continue to subsidize our wealthy allies, particularly in Western 
Europe, far beyond what is logical. We continue to bear the burden of 
defending Western Europe disproportionately, despite the fact that the 
threat to Western Europe has decreased and our allies' ability to 
defend themselves has increased.
  Until and unless we end this policy, it is the greatest welfare 
policy yet left and the recipients are our European allies. They 
continue to drain tens of billions of dollars from us. If they were 
prepared to take primary responsibility for the defense of Western 
Europe, we would still have the responsibility in South Korea, in the 
Middle East and elsewhere.
  Mr. Chairman, we could save money with no cost to anybody's security 
and free up funds for necessary purposes that are going undone at home. 
For that reason, I will vote against this bill.
  Mr. MURTHA. Mr. Chairman, I yield back the balance of my time.
  (By unanimous consent, Mr. Gilman was allowed to speak out of order 
for 1 minute.)


               Announcement of the Death of Paul O'Dwyer

  Mr. GILMAN. Mr. Chairman, it is my sad duty to report to this body 
the passing of an outstanding constituent who is one of the most 
respected elder statesmen in New York State.
  Paul O'Dwyer passed away this morning at the great age of 90. A 
native of County Mayo, Ireland, he came to America in search of a new 
life in the wake of the ``troubles'' in Ireland earlier in this 
century.
  He worked on the docks while working his way through St. John's Law 
School. He became a champion of civil rights and justice in his 
homeland, and of independence for Israel.
  Paul O'Dwyer sought election to this Chamber in 1946, but was 
defeated by Jacob Javits. Ironically, 22 years later Paul was the 
Democratic nominee for the U.S. Senate in opposition to Senator Javits.
  In between, Paul O'Dwyer served as Manhattan Councilman at Large and 
subsequently as President of the New York City Council. And in later 
years, Paul O'Dwyer remained a champion of peace and justice in the 
North of Ireland.
  Although Paul and I were on opposite sides of the political aisle, I 
came to rely on his sage advice, his insightful knowledge and his 
distinguished concern for the future of our Nation.
  Mr. Chairman, we extend our sympathies to Paul's widow, Pat, to his 
three sons, his daughter, his eight grandchildren and five great-
grandchildren, and the many New Yorkers who for many years considered 
Paul O'Dwyer a hero.
  Mr. WELDON of Florida. Mr. Chairman, I want to commend my colleague 
from Florida, the distinguished Chairman of the National Security 
Appropriations Subcommittee, for drafting a bill that maintains careful 
balance between our modernization priorities, our requirement for a 
trained and ready force, and the needs of our men and women in uniform 
and their families. This is no easy task. With each new crisis around 
the world, we ask for more and more from our fighting forces while the 
amount of money that we provide continues to shrink. So again, I 
applaud the Chairman of the National Security Appropriations 
Subcommittee for working hard to ensure that our military is prepared 
to meet ongoing and new challenges around the globe.
  I would also like to commend the Department of Defense for working 
hard to put into place best business practices wherever possible to 
squeeze every penny out of its operations. Every penny saved by running 
the Defense Department better is a penny returned to much needed and 
underfunded modernization and readiness programs. In particular, I want 
to commend the National Reconnaissance Office (NRO) for its efforts to 
procure commercial-like launch services for the GeoLITE and NRO-1 
satellite programs. By using existing commercial launch vehicles and 
commercial payload processing services, NRO can take advantage of cost 
savings and streamlined procurement schedules that are inherent to 
commercial purchases and operations.
  I strongly encourage the NRO to continue and expand its outsourcing 
of commercial payload processing services. By lowering the costs while 
at the same time maintaining flexibility to implement its mission, the 
NRO is ensuring that it is ready to meet the great demands placed on it 
by our national security decision makers and our war fighting 
commanders in chief.
  For several decades, even the initials N-R-O were classified and 
could not be used publicly. Now, with the end of the Cold War, not only 
can we talk about the once super secret NRO, we can give the agency 
credit for its activities, including its push to contract for services 
like commercial payload processing.
  Mrs. FOWLER. Mr. Chairman, I rise to strongly support this amendment.
  Yesterday, in a joint hearing by the National Security and 
International Relations Committees, we learned still more about efforts 
by China's People's Liberation Army to secure advanced military 
technology from the United States. This information included 
revelations that Chinese officials apparently stole circuit boards 
containing safeguarded technology from a crashed U.S.-built satellite, 
as well as reports I brought forward that the administration has 
approved the sale of equipment to help the PLA encrypt military 
messages sent via U.S.-built satellites.
  Now we hear that the Defense Department is purchasing critical parts 
for some of our most advanced weapons from the U.S. subsidiary of a 
Chinese state-owned firm. This is intolerable.
  This amendment complements legislation I sponsored last year which 
passed the House 405-10, requiring the Defense Department to maintain 
an active list of PLA-owned firms doing business here. I commend the 
gentleman and strongly urge passage of this measure.
  Mr. NETHERCUTT. Mr. Chairman, I rise in support of H.R. 4103. I am 
proud to serve on the National Security Subcommittee on Appropriations 
and would like to first acknowledge the outstanding work of Chairman 
Young and Mr. Murtha in putting together this legislation that meets so 
many needs while still falling under our budget limitations. The 
subcommittee staff also deserves recognition, having worked long hours 
scrubbing this bill to maximize every defense dollar.
  This bill devotes substantial resources to improving the working 
conditions for our men and women in uniform. Increased funding for 
maintenance and spare parts has been a priority for our subcommittee 
and this year was no different. The Administration consistently 
underfunds these accounts and the Services always identify requirements 
that exceed the request. I was pleased that we were able to add more 
than $200 million over the President's request for aviation spares, 
$300 million for real property maintenance, and $500 million for base 
operations and support.
  This bill provides substantial funds for research and development 
which will rapidly move next generation technology into the field. Our 
combat forces will have a substantial edge over opponents in the future 
because of the investments this bill provides for weapons research as 
well as for medical research. Enhancing the survivability of those who 
serve should be our first priority, and I strongly support research 
which benefits this end. I am pleased that the Committee supported 
funding for promising ultrasound research, which may revolutionize 
trauma care by stopping battlefield hemorrhaging with ultrasound waves. 
The Committee also funded substantial research to address the growing 
threat posed by chemical and biological weapons. One innovative 
approach that is funded in this bill would utilize photoacoustic 
signatures to detect harmful toxins. I am proud that both of these 
projects will be conducted at the Spokane Intercollegiate Research and 
Technology Institute, an emerging regional leader in science and 
technology research.
  Medical research also benefits military readiness and morale by 
ensuring that soldiers in the field stay healthy, while their families 
are taken care of at home. As the Co-Chair of the Congressional 
Diabetes Caucus, I support a research project in this bill which will 
contribute substantially to our understanding of diabetes. The 
legislation provides a $6.4 million for the second year of a 2-year 
pilot demonstration project [PE# 630002] with the Joslin

[[Page H5230]]

Diabetes Center, a world leader in diabetes research. This joint 
project with the Army is pursuing critical research, and soldiers and 
their families will realize substantial benefits.
  This Subcommittee has devoted significant attention to the issues of 
information security and the Year 2000 problem. The Administration has 
told the Services to take care of this problem out of hide and didn't 
request any additional funding, even though January 1, 2000 is only 17 
months away. Despite optimistic projections from the services and 
reassurances from the Administration, reports from GAO, the Defense 
Science Board and Congressman Steven Horn have unanimously proclaimed 
that current progress is inadequate. Failure of defense systems could 
be catastrophic and I do believe that identifying funding for this 
situation is an emergency. But this bill also contains strong language 
which will contribute to a Y2K solution. No new funds can be spent on 
developing or modernizing any information technology system unless it 
is certified as Y2K compliant. The bill also requires the Department to 
develop contingency plans for Y2K failure and directs aggressive 
testing and simulation to ensure that we are ready in time.
  This is an excellent bill, Mr. Chairman. While there are still many 
unfunded requirements facing our armed forces, this legislation does an 
outstanding job of addressing the highest priorities within the 
constraints of the Balanced Budget Agreement. I strongly urge my 
colleagues to support this legislation.
  Mr. HARMAN. Mr. Chairman, I rise in support of this year's defense 
appropriations bill. It continues the trend of declining defense 
spending since the end of the Cold War, forcing the committee to make a 
lot of tough choices. As a member of the National Security Committee, I 
know that many of the choices in this bill reflect directions set in 
the authorization bill.
  When I came to this House nearly 6 years ago, my district was reeling 
from defense cuts. Yet today it is thriving, and has recovered by using 
its expertise in commercial fields. California's 36th Congressional 
District demonstrates that there is life after defense downsizing.
  Mr. Chairman, I fought to establish the Dual Use Science and 
Technology program so that we could build skills that would protect 
defense workers when defense spending shrinks. This is not just 
important for the defense industry and the workers in my district, but 
for the country and its defense industrial base. Commercial 
applications allow us to maintain critical technological expertise in 
the industrial base, so that we can call upon it in times of need. I 
was disappointed to see cuts made in dual-use programs in this bill. 
For the reasons I've just described, it's exactly the wrong thing to 
cut in a shrinking defense budget.
  As defense spending ebbs, inefficiencies in the DoD also become more 
visible, and more harmful. Serious problems are emerging in 
modernization and readiness, but we still maintain excessive 
infrastructure. This House must tenaciously pursue cost-savings and 
eliminate bloated bureaucracies. We cannot afford to support waste when 
we have such urgent modernization and readiness needs.
  Finally, let me raise one more efficiency issue. As our forces 
shrink, we must fully embrace women in the military--we need to fully 
utilize all military talent in order to field a ready force. Secretary 
Cohen and the Service Chiefs feel it is crucial to ``train the way we 
fight'' and strongly advocate gender-integrated training. I'd urge 
Members not to substitute Congressional judgment for their expertise. 
As we learned many years ago, separate but equal is anything but equal.
  I urge support of the bill.
  Mr. BENTSEN. Mr. Chairman, I rise today to express my strong support 
for the inclusion of full funding for the Disaster Relief and Emergency 
Medical Services (DREAMS) telemedicine project in H.R. 4103, the 
Department of Defense Appropriations legislation. I wish to thank 
Chairman Young and Ranking Member Murtha for their support of this 
project. This project is a cooperative effort of the U.S. Army Medical 
Research and Materiel Command, the University of Texas-Houston Health 
Science Center, and Texas A&M University. As the Representative for the 
University of Texas-Houston Health Science Center, I am pleased that 
this legislation includes sufficient funding for this critical medical 
research project.
  DREAMS is an advanced telecommunications project designed to improve 
and speed emergency treatment for injured patients, especially in 
military battlefield and civilian disaster settings. The project aims 
to utilize computer, telemedicine, and satellite navigation technology 
(Global Positioning System) to improve patient transport, as well as 
on-site and in-transit diagnosis and treatment. It also aims to improve 
detection, diagnosis, decontamination, and treatment for chemical and 
biological warfare agents, and to develop new diagnostic methods and 
therapies for shock and injuries. DREAMS originated in Houston because 
Houston has a high incidence rate for penetrating and blunt trauma, 
industrial accidents, floods, and hurricanes.
  The DREAMS project will demonstrate, in both military and civilian 
sectors, how to save lives and reduce costs. This project includes 
three interrelated components: (1) emergency medical services; (2) 
chemical and biological warfare defense; and (3) diagnostic methods and 
therapies for shock injuries. The emergency medical services will test 
interactive telemedicine technologies and treat patients in both urban 
and rural settings. DREAMS will also do extensive research to develop 
chemical senors for on-site diagnosis of toxic substances and 
biological decontamination of chemical warfare agents. The third part 
of this project will research new treatments for patients who cannot 
get advanced care quickly and determine mechanisms to extend life 
beyond the ``golden hour.''
  Congress provided $8 million for this cutting-edge research in Fiscal 
Year 1997. I am pleased that this bill, H.R. 4103, would provide an 
additional $9.985 million for this project. It is also important to 
note that the Senate Defense Appropriations legislation includes $10 
million for this project.
  This project will also increase the survivability of America's 
soldiers wounded on the battlefield, as well as civilians injured in 
industrial and natural disasters. I strongly urge my colleagues to 
support the DREAMS project as part of Fiscal Year 1999 Defense 
Appropriations legislation.
  Mr. BONILLA. Mr. Chairman I rise in support of the fiscal year 1999 
Defense Appropriations bill. This legislation provides essential 
funding for our military. Chairman Young has done a remarkable job 
addressing the most significant shortfalls confronting the armed 
services.
  Today we are hearing criticism of this legislation from two quarters, 
the bean counters and the dreamers. The dreamers believe we live in an 
age when the lion lays down with the lamb and we should be the lamb. It 
is a beautiful vision, one we all wish was true. Unfortunately, the 
reality is that it is not. If we follow this path we will soon become 
the lamb chop and put our liberties at grave risk.
  The bean counters keep telling us we can't afford to maintain our 
military. The bean counters tell us we can't afford weapons 
modernization, we can't afford to give our troops decent pay, we can't 
afford to maintain our bases. They couldn't be more wrong.
  We can't afford not to provide for our defense. America's history 
tells us that the cost in lives of not being prepared is just too 
great. We are failing in our duty as congressmen if we fail to provide 
adequately for our military.
  If there is any fault in this bill it is that we should do more. I 
hope some of you will work with me to fix our budget and insure the 
future security of our nation. The fact is we do not have sufficient 
resources to maintain short term and long term readiness. Please join 
me in supporting this excellent legislation and let's work together to 
increase the resources available to our military in the future.
  Ms. GRANGER. Mr. Chairman, I rise today in strong support of this 
Defense Appropriations package. And let me publicly and personally 
thank Chairman Bill Young for his hard work on this important National 
Defense bill.
  It has been said that America will only remain the land of the free 
if it remains the home of the brave.
  Mr. Chairman, a few weeks ago I saw some of our brave young soldiers 
who are defending American interests in faraway places like Bosnia. 
After talking to them, I am reaffirmed in my conviction that our 
soldiers and sailors are the best and the brightest in the world.
  However, I believe that if we have the best troops, we should also 
have the best training, equipment, and benefits. After all, no first 
class nation can have a second class military.
  Mr. Chairman, I do not believe that the budgetary constraints of last 
year's balanced budget provide the kind of support that our troops 
deserve and our interests demand.
  When John F. Kennedy was President, 52 cents out of every Federal 
dollar spent was devoted to National Defense. Today, that number is 16 
cents out of every dollar.
  Now before I go any further, let me be perfectly clear--I support 
this bill even though I believe we must do much more to invest in our 
National Security. But at least this bill stops the ten year decrease 
in defense spending. And it does so in large part because of the 
outstanding leadership of Chairman Young.
  In particular, I am pleased that this bill funds important priorities 
that are manufactured in my home district in Texas. Products like the 
F-16, the V-22, and the Kiowa Warrior are indispensable to our national 
security.
  Mr. Chairman, these projects are important for my district. But they 
are vital for our country.
  Once, again, I want to thank the Chairman for his hard work on this 
issue. And I look forward to working with all of my colleagues to

[[Page H5231]]

do even more in the coming years for our national defense.
  And I would close by responding to a perennial question that we hear 
so often during national security debates. We hear the question, ``can 
we afford to pass this bill.'' Mr. Chairman, I would simply respond by 
saying, ``we can't afford not to pass this bill.''
  Mr. VENTO. Mr. Chairman, the Republican led Appropriations Committee 
has once again produced a substantially increased military spending 
bill that reneges on the Balanced Budget Agreement of 1997. When all 
the accounting schemes are pushed aside, we find that it spends $4.4 
billion more for fiscal year 1999 then called for under the carefully 
crafted budget outlay cap enacted by Congress less than a year ago.
  This bill illustrates that the House Republican Leadership has chosen 
to ignore the professional judgement of the CBO on how to account for 
the spending in this bill. The result is to simply not count billions 
in military spending that the CBO determined should be counted. I will 
remind my Colleagues that just two-and-a-half years ago this same 
Republican leadership went so far as to shut down the government over 
its insistence that the President and the Congress use no other 
spending blueprints than those made by the CBO.
  Furthermore, this bill is filled with projects selected more based on 
the district in which the money will be spent, rather than how the 
product will be used by our fighting forces.
  One pet project is $432 million added in this bill for seven C-130J 
aircraft that were not even requested by the Pentagon. This continues 
past practices of adding substantial sums for these planes that are 
built in Georgia.
  The unit cost of the C-130J is an alarming $60 million per plane. 
This is higher than the $48 million cost for a modern, state of the art 
F-15E fighter plane that is essential for our national security. Of the 
reported 28 C-130J aircraft on order by the U.S. military, not one has 
been delivered due to development and mechanical problems. I ask my 
Colleagues how this program evolved from what was supposed to be a 
routine upgrade to a major budget busting development effort. At a time 
when it is incumbent upon Congress to deal responsibly with the budget 
for our national defense, the addition of seven C-130J aircraft is a 
frustrating and fiscally irresponsible maneuver to add pork to specific 
congressional districts.
  The recommended rule outlined for this year's Defense Appropriations 
strikes a provision which provides $1.6 billion in emergency funding 
for the Defense Department and the Intelligence Communities to handle 
the Year 2000 (Y2K) date change. The Y2K issue is a national security 
priority and should be addressed in this bill.
  Similarly, the Department of Defense Appropriation measure provides 
no funding for the U.S. military role in Bosnia and ignores the 
Administration's request of $1.9 billion.
  In this bill, the Republican Leadership has reneged on its own budget 
policies and has increased defense spending nearly $4.4 billion more 
than the total specified for 1999 under the Balanced Budget Act. 
Proponents of this bill apparently believe that our military is 
underfunded and unprepared to meet the challenges of the 21st Century. 
However, they should know that the President's defense budget is capped 
by the Balanced Budget Act most of them voted for less than a year ago. 
Members knew voting for the agreement meant there would be a continued 
reduction in defense spending through 2002.
  In addition to the $4.4 billion, the $1.6 billion for the Y2K 
computer problem and the $1.9 billion for Bosnia, this total translates 
into a measure that is nearly $8 billion over the 1997 Balanced Budget 
Agreement.
  Proponents of this bill argue that a quarter of a trillion dollars of 
defense spending is just not enough, I disagree. This military budget 
is already much too high. The current level is approximately 82 percent 
of what was spent during the Cold War. Now it is appropriate to have a 
significantly lower budget with the global threat so much smaller. I 
will point out that Iran's military budget is less than $5 billion. The 
new government in India recently raised its military budget 14 
percent--to all of $9.9 billion. Moreover, the United States spends 
more than twice as much on the military as the next six or eight likely 
adversaries (China, Russia, Iran, Iraq, Syria, Libya, North Korea and 
Cuba combined).
  Even though the Cold War is over, there are still massive amounts of 
wasteful, inefficient and totally unnecessary military spending that 
should be eliminated first before consideration is given to additional 
funding. We still see reports of the Pentagon's wasteful inefficient 
spending. For instance: the Pentagon is still paying $75 for 57-cent 
screws and $38,000 for $1,500 worth of aircraft springs and the 
military has far more infrastructure than it needs. Even after 
completion of several rounds of base closures, the Pentagon calculates 
that it still has a 23 percent excess base capacity, draining off 
billions in unnecessary expenditures.
  Beyond the dramatic waste on common sense items is the loss of funds 
down the drain on the Ballistic Missile Defense Organization (BMDO) 
programs. Such programs are proven failures that are pegged for 
billions of dollars more than requested in this bill. Furthermore, four 
more New Generation Nuclear Attack Submarines that carry the D-5 
missiles are appropriated. This represents yet another $10 billion 
expenditure towards no justified positive purpose.
  The numerous programs in this bill raise many questions. The problem 
is that the Department of Defense is not being held accountable by the 
Congress or the Administration. Every new mission explodes into 
programs that cost billions of dollars. Instead of inventing new 
missions, we should focus on the basics.
  As our economy is booming and democracy spreads globally, Congress 
should look to advance resources in people's programs. I support a 
strong, efficient and prepared military force, but there is still much 
work to be done in cutting wasteful and unnecessary defense spending. 
We should invest in our children through adequate health care and 
education, prepare for the baby boomers retirement by protecting the 
solvency of the Social Security and Medicare Trust Funds, provide 
affordable housing for low-income persons and the elderly and protect 
our earth's natural resources. I urge my Colleagues to oppose this 
bill.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise today in support of H.R. 
4103, the Department of Defense Appropriations Bill for Fiscal Year 
1999. I want to commend my colleague, the gentleman from Florida, 
Chairman Bill Young, for all his hard work on this bill. He has made 
tough decisions in order to provide funding for our armed forces and 
for the equipment they need to protect our Nation. I also want commend 
the staff of the Defense Appropriations Subcommittee who assisted 
Chairman Young in putting this legislation together.
  According to both the Defense authorizing and appropriations 
committees, spending on defense has decreased for the 14th straight 
year, in real terms. Despite the end of the cold war earlier this 
decade, we still find American troops deployed across the globe, from 
Eastern Europe to Asia to Africa. In fact, I was recently told by one 
Army officer that there has been a 300 percent increase in deployments 
at the same time there has been a 40 percent shrinkage in the size of 
the Army. As a result, troops are deployed longer, maintenance and 
repair work is delayed, and research and development initiatives are 
taking a substantial hit.
  American companies are learning to do more with less, and our 
military has become more cost-efficient as well. However, there is a 
point at which we can only do less with less. If the President keeps 
committing our troops to peacekeeping missions overseas, and continues 
to freeze funding for the Department of Defense, we could begin to 
compromise the safety and readiness of our armed forces.
  When the President sends our military overseas, money is diverted 
from other important initiatives, including research and development. 
As we try to prepare and equip our troops for the battlefields of the 
future, countless engineers are working in government labs and research 
facilities to develop the weapons, the ammunition, the vehicles and the 
technology our armed forces need to defend the United States. The 
military's research and development is critical to keeping our men and 
women in uniform safe and well-equipped wherever they serve, whether 
home or abroad.
  Further compromising the military's, and especially the Army's, 
ability to provide our troops with the tools they need on the 
battlefield are the cuts proposed under the Quadrennial Defense Review, 
or QDR. These QDR cuts threaten the very fabric of our research and 
defense infrastructure. Not only will they decimate the current corps 
of engineers working on sensitive mission-critical projects, they also 
hamper the Army's ability to recruit and train the future engineering 
``brain trust'' needed to help develop the next generations of military 
hardware and equipment.

  If these QDR cuts are implemented, it would have a detrimental effect 
on mission-critical projects such as the Crusader field Artillery 
System. This reach and development effort will provide the Army of the 
future with much-needed heavy artillery support. I am pleased that the 
Committee has provided full funding for this program which is located 
at Picatinny Arsenal in my district.
  The Crusader system, which will consist of both a self-propelled, 
fully automated 155m Howitzer and a resupply vehicle, will provide 
efficient, accurate and reliable fire support to our troops on the 
battlefield. Unlike the existing Paladin tank, the Crusader will have a 
fully-automated loading capability. The Crusader will be faster than 
the Paladin, and its guns are more accurate at a much farther distance. 
In recent tests, the Crusader's gun was

[[Page H5232]]

able to fire an impressive 10 rounds per minute for three to six 
minutes, without malfunctioning. And, furthermore, less military 
personnel are needed to man the Crusader.
  I am especially pleased because much of the research and development 
work on the Crusader project is being done in the laboratories of 
Picatinny Arsenal in the 11th Congressional District. Since the 
Revolutionary War, Picatinny has been providing our armed forces with 
ammunition. Today, they may no longer manufacture conventional 
ammunition, but the dedicated and innovative workforce at Picatinny are 
developing other tools to meet the munition and firepower needs for 
both Army XXI and the Army After Next. From ``smart ammunitions'' to 
the soldiers' hand-held weapon of the future, Picatinny has been 
recognized and awarded for their research and development efforts and 
contributions to our military capabilities. I was recently told that 
Picatinny is responsible for 1400 of the 3400 weapons systems developed 
under TACOM, the Tank Automotive And Armaments Command which oversees 
much of the Army's research and development initiatives.
  Another important research and development project funded in this 
bill is the soldiers' weapon of the future, the Objective Individual 
Combat Weapon, or OICW. The lightweight OICW can, in the near future, 
replace three existing, divergent weapons currently in use by the 
military: M16A2 rifles, M4 carbines and M203 grenade launchers. It will 
have the ability to accurately shoot both hidden and moving targets. 
With the flip of a switch, soldiers will be able to change from the 
munitions-firing weapon to a conventional rifle. The two weapons can be 
separated, and the lower barrel can be used as a stand-alone gun. This 
work is done at Picatinny using the most advanced techniques and 
technologies, hence these dollars will continue this development.
  Mr. Chairman, every day our men and women in uniform put their lives 
on the line to defend us. They deserve to have the tools they need to 
protect us, and should be compensated for their work. We cannot forget 
our debt to them, and we must work to provide them with the supply they 
need to do their jobs. We owe them nothing less.
  Those in the civilian work force at Picatinny, likewise, do their 
part to keep our young men and women safe wherever they are stationed, 
where wars may be fought, with the best equipment and technology 
possible.
  Today we vote to provide funds, support our soldiers and all those 
who prepare and equip them. An affirmative vote assures that this 
critical work continues.
  Mr. YOUNG of Florida. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule and the amendments printed in House Report 105-
996 are adopted.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment that he has 
printed in the designated place in the Congressional Record. Those 
amendments will be considered read.
  Consideration of Section 8106 shall not exceed 1 hour. The Chairman 
of the Committee of the Whole may postpone a request for a recorded 
vote on any amendment and may reduce to a minimum of 5 minutes the time 
for voting on any postponed question that immediately follows another 
vote, provided that the time for voting on the first question shall be 
a minimum of 15 minutes.
  The Clerk will read.
  The Clerk read as follows:

         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, 1999, for military functions 
     administered by the Department of Defense, and for other 
     purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

         For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (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; $20,908,851,000.

                        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; $16,560,253,000.

                    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; 
     $6,241,189,000.

                     Military Personnel, Air Force

         For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), to section 229(b) of the Social Security 
     Act (42 U.S.C. 429(b)), and to the Department of Defense 
     Military Retirement Fund; $17,201,583,000.

                        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; 
     $2,171,675,000.

                        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; $1,427,979,000.

                    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; $403,513,000.

                      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; 
     $850,576,000.

                     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

[[Page H5233]]

     payments to the Department of Defense Military Retirement 
     Fund; $3,413,195,000.

                  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; $1,372,997,000.

  Mr. YOUNG of Florida (during the reading). Mr. Chairman, I ask 
unanimous consent that the remainder of title I be considered as read, 
printed in the Record, and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  The CHAIRMAN. Are there any amendments to title I?
  There being no amendments, the Clerk will read.
  The Clerk read as follows:

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $11,437,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes; $16,936,503,000 and, in addition, 
     $50,000,000 shall be derived by transfer from the National 
     Defense Stockpile Transaction Fund: Provided, That of the 
     funds appropriated in this paragraph, $596,803,000 shall not 
     be obligated or expended until authorized by law.

                    Operation and Maintenance, Navy


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $5,360,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes; $21,638,999,000 
     and, in addition, $50,000,000 shall be derived by transfer 
     from the National Defense Stockpile Transaction Fund.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law; $2,585,118,000: Provided, That of the funds 
     appropriated in this paragraph, $45,415,000 shall not be 
     obligated or expended until authorized by law.

                  Operation and Maintenance, Air Force


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,968,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes; $19,024,233,000 and, in addition, 
     $50,000,000 shall be derived by transfer from the National 
     Defense Stockpile Transaction Fund: Provided, That of the 
     funds appropriated in this paragraph, $208,125,000 shall not 
     be obligated or expended until authorized by law.

                Operation and Maintenance, Defense-Wide

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law; $10,804,542,000, of which not to exceed 
     $25,000,000 may be available for the CINC initiative fund 
     account; and of which not to exceed $29,000,000 can be used 
     for emergencies and extraordinary expenses, to be expended on 
     the approval or authority of the Secretary of Defense, and 
     payments may be made on his certificate of necessity for 
     confidential military purposes: Provided, That of the funds 
     appropriated in this paragraph, $450,326,000 shall not be 
     obligated or expended until authorized by law.

                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; 
     $1,201,222,000: Provided, That of the funds appropriated in 
     this paragraph, $3,600,000 shall not be obligated or expended 
     until authorized by law.

                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; 
     $949,039,000: Provided, That of the funds appropriated in 
     this paragraph, $400,000 shall not be obligated or expended 
     until authorized by law.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications; $119,093,000: Provided, That of the funds 
     appropriated in this paragraph, $2,100,000 shall not be 
     obligated or expended until authorized by law.

              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; $1,735,996,000.

             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); $2,570,315,000: Provided, 
     That not later than March 15, 1999, 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: Provided further, That of 
     the funds appropriated in this paragraph, $105,500,000 shall 
     not be obligated or expended until authorized by law.

             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; $3,075,233,000.

             Overseas Contingency Operations Transfer Fund


                     (including transfer of funds)

       For expenses directly relating to Overseas Contingency 
     Operations by United States military forces; $746,900,000: 
     Provided, That the Secretary of Defense may transfer these 
     funds only to operation and maintenance accounts within this 
     title, to the Defense Health Program, to procurement 
     accounts, and to working capital funds: Provided further, 
     That the funds transferred shall be merged with and shall be 
     available for the same purposes and for the same time period, 
     as the appropriation to which transferred: Provided further, 
     That the transfer authority provided in this paragraph is in 
     addition to any other transfer authority contained elsewhere 
     in this Act.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces; $7,324,000, of which 
     not to exceed $2,500 can be used for official representation 
     purposes.

                    Environmental Restoration, Army


                     (including transfer of funds)

       For the Department of the Army, $342,640,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such

[[Page H5234]]

     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.

                    Environmental Restoration, Navy


                     (including transfer of funds)

       For the Department of the Navy, $281,600,000, 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, $379,100,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation.

                Environmental Restoration, Defense-Wide


                     (including transfer of funds)

       For the Department of Defense, $26,091,000, 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, $195,000,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made 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); 
     $56,111,000, to remain available until September 30, 2000: 
     Provided, That of the funds appropriated in this paragraph, 
     $8,800,000 shall not be obligated or expended until 
     authorized by law.

                  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; 
     $417,400,000, to remain available until September 30, 2001.

                 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); $850,000,000, 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, 2000, as 
     follows:
       Army, $219,688,000;
       Navy, $244,507,000;
       Marine Corps, $48,901,000;
       Air Force, $194,926,000;
       Army Reserve, $47,579,000;
       Navy Reserve, $21,055,000;
       Marine Corps Reserve, $7,600,000;
       Air Force Reserve, $9,871,000;
       Army National Guard, $37,535,000; and
       Air National Guard, $18,338,000:
     Provided, That none of the funds appropriated in this 
     paragraph shall be obligated or expended until authorized by 
     law.

  Mr. YOUNG of Florida (during the reading). Mr. Chairman, I ask 
unanimous consent that the remainder of title II be considered as read, 
printed in the Record, and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  The CHAIRMAN. Are there any amendments to title II?
  There being no amendments, the Clerk will read.
  The Clerk read as follows:

                               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; 
     $1,400,338,000, to remain available for obligation until 
     September 30, 2001.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; 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; 
     $1,140,623,000, to remain available for obligation until 
     September 30, 2001.

        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; $1,513,540,000, to remain available for 
     obligation until September 30, 2001: Provided, That of the 
     funds appropriated in this paragraph, $5,902,000 shall not be 
     obligated or expended until authorized by law.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $1,099,155,000, to remain available for obligation until 
     September 30, 2001: Provided, That of the funds appropriated 
     in this paragraph, $45,700,000 shall not be obligated or 
     expended until authorized by law.

[[Page H5235]]

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of not to exceed 37 passenger 
     motor vehicles for replacement only; and the purchase of 54 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $230,000 per vehicle; 
     communications and electronic equipment; other support 
     equipment; spare parts, ordnance, and accessories therefor; 
     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; 
     $3,101,130,000, to remain available for obligation until 
     September 30, 2001.

  Mr. YOUNG of Florida (during the reading). Mr. Chairman, I ask 
unanimous consent that the remainder of the bill through page 23, line 
7, be considered as read, printed in the Record, and open to amendment 
at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                       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; $7,599,968,000, to remain available 
     for obligation until September 30, 2001: Provided, That of 
     the funds appropriated in this paragraph, $179,121,000 shall 
     not be obligated or expended until authorized by law.
  Mr. OBEY. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise at this point to discuss a ludicrous priority 
which I find in this bill, and let me put it in context.
  Last year, even though the Speaker described our intelligence budget 
as being inadequate, nonetheless, a Republican-controlled Congress cut 
the intelligence budget further, to a lower point than the level that 
the Speaker described as being inadequate.
  The Congress did that for a number of reasons. One of those reasons 
was to pay for an additional destroyer that the majority leader in the 
Senate wanted built in his State. And another reason was to fund a 
number of C-130s built in the State of Georgia, a matter of some 
interest to the Speaker.
  This year, the top priority request of the Navy was to replace its 
aging F-14 airplanes with the next generation F-18A, E and F aircraft. 
Instead, this bill cut three of those aircraft in order to provide room 
for seven new C-130Js which the Pentagon did not ask for. Those C-130s 
happen to be built in the State of Georgia.
  Mr. Chairman, the issue is not whether the C-130s, which would be 
going to various National Guard units by and large all around the 
country, the issue is not whether those planes are good planes. They 
are. The issue is not whether or not they would be used for good 
missions. They would be. The issue is whether or not giving the 
National Guard those seven additional planes, which were built by the 
contractor before anybody even asked them to build them, the issue is 
whether those planes are the best use of scarce taxpayers' dollars when 
we have an obligation to try to make certain that we spend those 
dollars in a way which will provide the greatest personal security for 
our military fighting personnel.

                              {time}  1900

  If this bill were responsible, it would use $35 million of the money 
that was used for those 7 C-130s, it would use $35 million to modernize 
some existing C-130s and give those to the National Guard units around 
the country, and then it would use the remaining dollars to provide the 
purchase of the replacements for the F-14s that the Pentagon asked for 
in the first place.
  Now, replacing the F-14A is the Navy's number one priority for a very 
good reason. The F-14 has been involved in 138 class A flight problems 
in the last decade. Since 1991, 32 F-14s have gone down.
  In my judgment, our front line flyers who use those planes are at 
risk. Even if we provided all of the funds that the Navy asked for for 
this plane, the first of these planes would not actually show up on 
carrier decks until the year 2002. So even with those funds, the Navy 
will need to live with their old F-14As for another 4 to 10 years 
minimum.
  As the Navy said in its presentation, denying these three planes 
will, ``have a direct negative impact on the warfighters in the fleet, 
hurting the fleet's operational capability, safety, readiness and 
maintainability.''
  Now, I had intended to offer an amendment today which would have 
eliminated these additional C-130s and moved that money back where it 
ought to be so that we can replace these aged F-14s.
  The problem is that, under the rules, for technical reasons, that 
amendment would not be in order. And so I am not, under the rules of 
the House, in a position where I can offer that amendment and still 
respect the rules of the House. I am not going to offer it. But I would 
hope that the committee, when they go to conference, will recognize 
that this is a mistake, this is not where our dollars ought to go if we 
are going to do the best job possible of defending the physical 
security of our military personnel.
  We do not need more pork. We need more teeth. And it seems to me that 
the committee has made a major mistake in putting the money where they 
have. I would hope that the committee would change its judgment when it 
goes to conference. I think that is the least that the Congress can do.
  Mr. BEREUTER. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, the gentleman from Wisconsin, distinguished ranking 
member of the Committee on Appropriations, has raised an interesting 
point about abuse in this process. And I want to talk about an abuse to 
the American taxpayer that is a part of this bill.
  When I do this, I absolve the chairman, distinguished Member from 
Florida, and the ranking member, distinguished Member from 
Pennsylvania, for the problem in this bill, because it is not of their 
doing.
  I had an opportunity to vote against the rule, and I did that because 
it protects this provision that ought to be stricken here from a point 
of order. I am referring to the transfer of 50 Navy ships, 50 Navy 
ships. It is an opportunity to raise $637 million for the Defense 
Department, and I am in favor of that additional expenditure.
  However, ordinarily when those ships are transferred, sold, leased, 
sold for a small amount of money, we are talking about 50 ships, $637 
million, so my colleagues know we are not getting much money for those 
ships, that money goes back to the Treasury.
  What has happened in this instance, well, that is not happening. It 
is, for example, going directly to DOD, not only bypassing the 
authorizing committee, where we looked last year at some very 
inappropriate transfers, inappropriate in that we were not getting the 
money back for the Treasury that we ought to get, but we will not have 
that opportunity unless the chairman has worked out something in a 
colloquy which took place, I know, a few minutes ago between the 
chairman of the Committee on International Relations and the chairman 
of the Appropriations subcommittee. For anything that is worked out 
there, I express my appreciation to the gentleman.
  Let me tell you where these ships are going. One to Argentina, 3 to 
Brazil, 2 to Chile, 2 to Mexico, 1 to the Philippines, 1 to Portugal, 2 
to Spain, 10 to Taiwan, 1 to Venezuela. I will come back to a couple 
more. Interestingly, one that is going to Spain is the Harlan County. 
The Harlan County was that ship that went down to Port-au-Prince. It 
ought to be bronzed as a recognition of the Clinton administration's 
policy with respect to national security, because Members may remember 
a few thugs on the docks in Port-au-Prince turned back the American 
forces, not because of lack of courage of those forces, because they 
were pulled back by the Pentagon at the direction of the 
administration. That one ought to be bronzed.

[[Page H5236]]

  But that is not really the point I want to make. What really is, I 
think, very dangerous about this provision is that 14 ships are going 
to Turkey and 11 are going to Greece. If you have not followed what is 
going on in Cyprus lately, with both sides bringing high performance 
aircraft, with the Greek Cypriots apparently about to bring in missiles 
from Russia with Russian technicians, you would wonder why our two NATO 
allies are behaving this way, and you certainly would wonder about 
providing them more firepower.
  Now, I noticed that one of those ships and perhaps as many as three 
or four are Kidd class guided missile destroyers. This is not an 
ancient piece of equipment. This is a very sophisticated set of 
weaponry, very expensive. And I really do not think that the conduct of 
Greece and Turkey, our two good NATO allies, justifies sending that 
kind of firepower to them at this moment.
  You can blame one side or the other and undoubtedly blame goes on 
both sides, but for us to make this transfer at this time, bypassing 
all the normal procedures, is not only bad for the taxpayer, it is a 
reflection of the archaic and convoluted budget process we have around 
here that is forcing us to do these end runs to put the resources where 
we need to put them, but you are actually building a dangerous arms 
race between Greece and Turkey. And that ought not happen.
  If I had an opportunity to raise a point of order, if the rule did 
not prevent me from doing that, I would do that.
  I hope that the American news media and the American people are 
looking at this situation and saying this is not only disgraceful, this 
is not only abuse of the taxpayers funds, this is not only abuse of the 
process around here, this is feeding a dangerous arms race between 
Greece and Turkey.
  I thank my colleagues for listening. I regret the fact that we are 
doing this. It is outrageous.
  Mr. OBEY. Mr. Chairman, will the gentleman yield?
  Mr. BEREUTER. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Mr. Chairman, I would like to say that I absolutely, 
totally agree with what the gentleman has just said. That is why I 
listed this as one of my concerns in the supplemental views that I 
filed with this bill.
  Under the normal budget process, proceeds from the sale of an asset 
are not allowed to be spent again by an agency. They are credited to 
the general fund of the Treasury under normal circumstances to buy down 
the national debt. I think it is an incredibly ill-advised action to 
provide these ships to Turkey and Greece, given what is happening in 
the Aegean. I think it sends exactly the wrong signal to both sides.
  I thank the gentleman for raising the point.
  Mr. SOLOMON. Mr. Chairman, I move to strike the last word.
  I take the floor to say that more often than not I agree with my good 
friend, the gentleman from Nebraska (Mr. Bereuter). But when the 
gentleman stands up and talks about this outrageous action, I just have 
to question him on that.
  We are in a period of time in our government when things are 
changing. Our military budget today is underfunded by probably $30 or 
$40 billion a year. Not over 5 years or 10 years, $30 or $40 billion a 
year. And there are those of us in this Chamber right now that are 
doing everything we can to find every nickel we can to try to keep our 
military preparedness such that we can defend the strategic interests 
of this country around the world.
  Now I heard my good friend, the gentleman from Nebraska (Mr. 
Bereuter) saying this is an outrageous situation. But he is criticizing 
this because the Treasury is not going to get the money. The DOD is 
going to get the money, the defense, the Pentagon.
  That is the whole idea behind this thing, Mr. Chairman. Yes, they are 
going to get it. And we are going to keep it that way. We are going to 
keep trying to build it up so that we can, when we are sending young 
men and women into harm's way, God forbid that that should happen, that 
they have the best state-of-the-art equipment that money can buy.
  Let me tell my colleagues something else. It seems to me the list of 
countries that Mr. Bereuter just read off, seems to me they are all 
friends of ours. They are all NATO allies or other friends in the 
Western Hemisphere or in the Asian-Pacific area.
  Now, what is wrong with selling our friends this kind of military 
equipment? Would he rather have them buy it from China or would he 
rather have them buy it from Russia? We have enough problems now with 
people buying them from Russia. This is expendable equipment that we do 
not need, and we need to sell it to our friends and we need to maintain 
that money in the defense budget.
  Now, I do not know what all this argument is about. I know we have 
had a colloquy with my good friend, the gentleman from New York (Mr. 
Gilman) and with others, but the point is that time is of the essence 
here. And maybe there will be a colloquy with the chairman of the 
Committee on International Relations, who is an outstanding leader in 
this body, and maybe we will get some kind of understanding. But let us 
not try to scuttle this. We need this right now.
  Mr. BEREUTER. Mr. Chairman, will the gentleman yield?
  Mr. SOLOMON. I yield to the gentleman from Nebraska.
  Mr. BEREUTER. Mr. Chairman, I do not know if the gentleman heard this 
when I first started my remarks, but I said I am perfectly willing to 
put an additional $600- to $700 million in the Defense Department 
appropriations. I am for that. I admitted that right up front.
  Mr. SOLOMON. Reclaiming my time, we tried and we could not get it. A 
number of us who were going to vote against the budget because the caps 
are so low on defense spending now, we were going to do something that 
we never do. We were going to go against our party. We could not get 
it.
  Finally we got a commitment from the Speaker that when we do go to 
conference that the Speaker will stick up for us and will get us money 
beyond the scope, beyond what we are talking in the Senate version, 
beyond what was offered in the House version. We cannot even get $200 
million more, much less $600 million more.
  Mr. BEREUTER. Mr. Chairman, if the gentleman will continue to yield, 
I referred to the arcane and unfortunate procedures we have to go 
through with the budget process around here, I would say to the 
gentleman. But the gentleman remembers, as a former member of the 
Committee on International Relations, we have an opportunity to look at 
those sales ordinarily. And last year we had an opportunity to look at 
some proposed transfers, and we dramatically increased the funds coming 
to our Treasury as a result of our review. The Navy was underpricing 
them. That was good for the taxpayers.
  I would ask the gentleman, does he think it is good to send either to 
Greece or Turkey Kidd class guided missile destroyers at this stage?
  Mr. SOLOMON. Mr. Chairman, yes, I do. I think we need a strong 
foreign policy that will say to two of the strongest allies that we 
have had over the history of this Nation, and that includes Turkey and 
that includes Greece, although Greece has sometimes been under some 
kind of Communist leadership with a leader that had some very nasty 
things to say about America, but by and large they are good allies. If 
we have a foreign policy, if we have a strong foreign policy, we have 
nothing to worry about with those two allies.
  Mr. BEREUTER. Mr. Chairman, the gentleman recalls how I stand side by 
side with him in the North Atlantic Assembly and support Greece and 
Turkey, and sometimes we protect Turkey alone among some of those 
charges, the gentleman and I.
  Mr. SOLOMON. That is correct.
  Mr. BEREUTER. And I think they are tremendous allies. Unfortunately, 
they seem to be at each other's necks too much. That is not good for 
the alliance. So my concerns are what we are doing at the immediate 
point, when we have this high degree of intense concern in the Aegean, 
particularly centered around Cyprus.
  Mr. SOLOMON. Mr. Chairman, I respect the gentleman.
  Mr. MANZULLO. Mr. Chairman, I move to strike the last word.
  I first of all I want to commend the gentleman from New York (Mr. 
Solomon) for his rigorous and correct defense of an underfunded defense 
bill.

[[Page H5237]]

  What bothers me more than anything is the manner in which this 
occurred. The Committee on International Relations, every year since I 
have been here, which has been going on 6 years, will be presented with 
a petition from the Department of the Navy in the form of a bill for 
the sale or exchange or gift of ships. And about four years ago there 
was a hearing going on and somebody came from the Department of the 
Navy with a list of 10 ships that they were going to give away. And I 
asked the Navy, I said, have you ever thought about selling or leasing 
these ships? And they said, well, you know, that is a pretty good idea.

                              {time}  1915

  So the Navy pulled the bill. A couple months later, they were back 
before the Committee on International Relations, this time with a bill 
that would sell or lease 10 ships with a net to the American people of 
$485 million. That provision that occurred every year, I believe, in 
either the State Department authorization or the foreign ops bill 
became known as the Manzullo amendment.
  The committee members would get together. They would take a look at 
these excess ships. Affix a value to them and show that as an 
accounting function in State Department authorization.
  Though it is laudable that money be used to enhance our military, 
what bothers me is our committee was not allowed to have two hearings. 
The first hearing was on the advisability and the actual accounting 
methods and appraisal methods of the ships. The second hearing was on 
the advisability of the countries to whom they were sold under the 
present circumstances.
  The government is selling 48 ships at an average price of $13 
million. That seems to be an awful, terrible bargain. I do not know 
what procedure can be done at this point, but if the Navy is listening, 
I am going to be demanding in some way or the other tomorrow a full and 
complete accounting and an appraisal as to each and every ship so we 
can demonstrate to the American people whether or not these ships are 
being appraised.
  Mr. CUNNINGHAM. Mr. Chairman, will the gentleman yield?
  Mr. MANZULLO. I yield to the gentleman from California.
  Mr. CUNNINGHAM. Mr. Chairman, I recently returned from Greece. And I 
met with the Prime Minister from Greece, and I also met with the 
Defense Minister. They bought German tanks. They have an alliance with 
Germany. It goes beyond what I think the gentleman is talking about, 
because, for us to sell U.S. product, for us to sell F-15s and the 
Strike Eagles to Greece and even F-18s, we had to throw into the 
package not only kits, but Corvettes as well, or they are going to buy 
other product.
  So when you are talking about taxpayers, we are going to have people 
in St. Louis working because we are going to sell extra aircraft. Those 
aircraft that we can buy cheaper, the U.S. military is going to benefit 
from that.
  I am not sure about the process with the gentleman's committee, but I 
am just letting him know that the reasons for it is, if we can have 
cheaper airplanes for our services and provide, I am a little different 
on the issue, I want the Turks out of Northern Cyprus. They invaded in 
1974, and they ought to get their rear ends out, and the Greeks ought 
to kick them out if they do not move.
  Mr. MANZULLO. Mr. Chairman, if I can reclaim my time, the gentleman 
may be very well correct and probably is as to the reason these ships 
were thrown in; but at the minimum, the Committee on International 
Relations deserve notice and opportunity to have, at the minimum, a 
joint hearing on this issue.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                       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; 
     $1,191,219,000, to remain available for obligation until 
     September 30, 2001.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $473,803,000, to remain available for obligation until 
     September 30, 2001: Provided, That of the funds appropriated 
     in this paragraph, $21,835,000 shall not be obligated or 
     expended until authorized by law.

                   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; 
     $5,973,452,000, to remain available for obligation until 
     September 30, 2003: Provided, That additional obligations may 
     be incurred after September 30, 2003, for engineering 
     services, tests, evaluations, and other such budgeted work 
     that must be performed in the final stage of ship 
     construction: Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel: 
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of not to 
     exceed 246 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 $225,000 per vehicle; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; $3,990,553,000, to remain available 
     for obligation until September 30, 2001: Provided, That of 
     the funds appropriated in this paragraph, $21,046,000 shall 
     not be obligated or expended until authorized by law.

                       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 37 passenger 
     motor vehicles for replacement only; and expansion of public 
     and private plants, including land necessary therefor, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     $812,618,000, to remain available for obligation until 
     September 30, 2001: Provided, That of the funds appropriated 
     in this paragraph, $120,750,000 shall not be obligated or 
     expended until authorized by law.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things; 
     $8,384,735,000, to remain available for obligation until 
     September 30, 2001: Provided, That of the funds appropriated 
     in this paragraph, $165,658,000 shall not be obligated or 
     expended until authorized by law.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and

[[Page H5238]]

     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; $2,191,527,000, to remain available 
     for obligation until September 30, 2001.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $388,925,000, to remain available for obligation until 
     September 30, 2001: Provided, That of the funds appropriated 
     in this paragraph, $5,298,000 shall not be obligated or 
     expended until authorized by law.

                      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 267 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 $240,000 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; $7,034,217,000, to remain available for obligation 
     until September 30, 2001.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military 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 346 passenger 
     motor vehicles for replacement only; the purchase of 4 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $165,000 per vehicle; expansion of 
     public and private plants, equipment, and installation 
     thereof in such plants, erection of structures, and 
     acquisition of land for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; $2,055,432,000, to remain available for obligation 
     until September 30, 2001: Provided, That not less than 
     $109,455,000 of the funds appropriated in this paragraph 
     shall be made available only for the procurement of high 
     performance computing hardware: Provided further, That of the 
     funds appropriated in this paragraph, $92,566,000 shall not 
     be obligated or expended until authorized by law.

                  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; $120,000,000, 
     to remain available for obligation until September 30, 2001: 
     Provided, That the Chiefs of the Reserve and National Guard 
     components shall, not later than 30 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees the modernization priority assessment for their 
     respective Reserve or National Guard 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; $4,967,446,000, to remain available 
     for obligation until September 30, 2000: Provided, That of 
     the funds appropriated in this paragraph, $175,449,000 shall 
     not be obligated or expended until authorized by law: 
     Provided further, That of the funds made available under this 
     heading, $10,000,000 shall be available only to commence a 
     live fire, side-by-side operational test and evaluation of 
     the air-to-air Starstreak and air-to-air Stinger missiles 
     fired from the AH-64D Apache helicopter: Provided further, 
     That none of the funds specified in the preceding proviso may 
     be obligated until the Secretary of the Army certifies the 
     following, in writing, to the congressional defense 
     committees:
       (1) Engagement tests can be safely conducted with both 
     Starstreak and Stinger missiles from the AH-64D helicopter at 
     air speeds consistent with the normal operating limits of 
     that aircraft;
       (2) The Starstreak missiles utilized in the test will be 
     provided at no cost to the United States Government;
       (3) None of the $10,000,000 provided will be used to 
     develop modifications to the Starstreak or the Stinger 
     missiles; and
       (4) Both the Starstreak and Stinger missiles can be fired 
     from the AH-64D aircraft consistent with the survivability of 
     the aircraft and missile performance standards contained in 
     the Army's Air-to-Air Missile Capability Need Statement 
     approved by the Department of the Army in January 1997.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment; $8,297,986,000, to remain available 
     for obligation until September 30, 2000: Provided, That funds 
     appropriated in this paragraph which are available for the V-
     22 may be used to meet unique requirements of the Special 
     Operation Forces: Provided further, That notwithstanding 10 
     U.S.C. 2366, none of the funds made available under this 
     heading may be used to conduct system-level live-fire shock 
     tests on the SSN-21 class of submarines unless the Commander-
     in-Chief of the United States Atlantic Command certifies in 
     writing to the congressional defense committees that such 
     testing must be conducted to meet operational requirements 
     for those submarines: Provided further, That not more than 
     $50,000,000 of the funds made available under this heading 
     for feasibility studies and component research and 
     development for future aircraft carriers may be obligated 
     until the Secretary of the Navy certifies in writing to the 
     congressional defense committees that the Navy has a program 
     in place to develop and install an infrared search and track 
     device on CVN-77 upon its acceptance by the government: 
     Provided further, That the restriction in the preceding 
     proviso does not apply to funds requested in the fiscal year 
     1999 President's budget and provided in this Act for design 
     of CVN-77: Provided further, That of the funds appropriated 
     in title IV of Public Law 105-56 (Department of Defense 
     Appropriations Act, 1998), $213,229,000 is only for research, 
     development, test and evaluation of cooperative engagement 
     capability.

         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; $13,577,441,000, to remain 
     available for obligation until September 30, 2000.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied 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; $8,776,318,000, to 
     remain available for obligation until September 30, 2000: 
     Provided, That not less than $340,446,000 of the funds made 
     available under this heading shall be made available only for 
     the Sea-Based Wide Area Defense (Navy Upper-Tier) program: 
     Provided further, That funding for the Sea-Based Wide Area 
     Defense (Navy Upper-Tier) program in this or any other Act 
     shall be used for research, development and deployment 
     including, but not limited to, continuing ongoing risk 
     reduction activities, initiating system engineering for an 
     initial Block I capability, and deployment at the earliest 
     feasible time following Aegis Lightweight Exoatmospheric 
     Projectile (LEAP) intercept flight tests.

               Developmental Test and Evaluation, Defense

       For expenses, not otherwise provided for, of independent 
     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; $263,606,000, to remain available for 
     obligation until September 30, 2000: Provided, That of the 
     funds appropriated in this paragraph, $12,500,000 shall not 
     be obligated or expended until authorized by law.

                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; $35,245,000, to remain available for obligation 
     until September 30, 2000: Provided, That of the funds 
     appropriated in this paragraph, $6,000,000 shall not be 
     obligated or expended until authorized by law.

[[Page H5239]]

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds


                     (including transfer of funds)

       For the Defense Working Capital Funds; $94,500,000: 
     Provided, That during the fiscal year 1999, in order to 
     maintain adequate cash balances in the Defense Working 
     Capital Funds, the Secretary of Defense may transfer up to 
     $350,000,000 from the National Defense Stockpile Transaction 
     Fund to the Defense Working Capital Funds: Provided further, 
     That the total of amounts so transferred during the fiscal 
     year shall be transferred back to the National Defense 
     Stockpile Transaction Fund not later than September 30, 1999.

                     National Defense Sealift Fund


                     (including transfer of funds)

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744); $673,366,000, to 
     remain available until expended: Provided, That none of the 
     funds provided in this paragraph shall be used to award a new 
     contract that provides for the acquisition of any of the 
     following major components unless such components are 
     manufactured in the United States: auxiliary equipment, 
     including pumps, for all shipboard services; propulsion 
     system components (that is; engines, reduction gears, and 
     propellers); shipboard cranes; and spreaders for shipboard 
     cranes: Provided further, That the exercise of an option in a 
     contract awarded through the obligation of previously 
     appropriated funds shall not be considered to be the award of 
     a new contract: Provided further, That notwithstanding any 
     other provision of law, of the funds available under this 
     heading, $28,800,000 shall be transferred to ``Alteration of 
     Bridges'': Provided further, That the Secretary of the 
     military department responsible for such procurement may 
     waive the restrictions in the first proviso on a case-by-case 
     basis by 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 of the funds appropriated in this paragraph, $3,800,000 
     shall not be obligated or expended until authorized by law.

                                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; $10,127,622,000, of which $9,725,235,000 
     shall be for Operation and maintenance, of which not to 
     exceed two per centum shall remain available until September 
     30, 2000, and of which $402,387,000, to remain available for 
     obligation until September 30, 2001, shall be for 
     Procurement: Provided, That of the funds appropriated in this 
     paragraph, $62,200,000 shall not be obligated or expended 
     until authorized by law.

            Chemical Agents and Munitions Destruction, Army

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile; $796,100,000, of which $508,650,000 shall 
     be for Operation and maintenance, $124,670,000 shall be for 
     Procurement to remain available until September 30, 2001, and 
     $162,780,000 shall be for Research, development, test and 
     evaluation to remain available until September 30, 2000.

         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; $764,595,000: 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: Provided further, That of the funds appropriated in 
     this paragraph, $37,013,000 shall not be obligated or 
     expended until authorized by law.

                    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; $132,064,000, of which 
     $130,764,000 shall be for Operation and maintenance, of which 
     not to exceed $600,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on his certificate of necessity for confidential military 
     purposes; and of which $1,300,000, to remain available until 
     September 30, 2001, shall be for Procurement.

                               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; $201,500,000.

               Intelligence Community Management Account


                     (including transfer of funds)

       For necessary expenses of the Intelligence Community 
     Management Account; $136,123,000, of which $30,290,000 for 
     the Advanced Research and Development Committee shall remain 
     available until September 30, 2000: Provided, That of the 
     funds appropriated under this heading, $27,000,000 shall be 
     transferred to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities, and of 
     the said amount, $1,500,000 for Procurement shall remain 
     available until September 30, 2001, and $3,000,000 for 
     Research, development, test and evaluation shall remain 
     available until September 30, 2000.

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

       For payment to Kaho'olawe Island Conveyance, Remediation, 
     and Environmental Restoration Fund, as authorized by law; 
     $15,000,000, to remain available until expended.

                 National Security Education Trust Fund

       For the purposes of title VIII of Public Law 102-183, 
     $3,000,000, to be derived from the National Security 
     Education Trust Fund, to remain available until expended.

                               TITLE VIII

                           GENERAL PROVISIONS

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


                          (transfer of funds)

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


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the

[[Page H5240]]

     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 provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the 
     congressional defense committees have been notified at least 
     30 days in advance of the proposed contract award: Provided, 
     That no part of any appropriation contained in this Act shall 
     be available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement.
       Funds appropriated in title III of this Act may be used for 
     multiyear procurement contracts as follows:
       AV-8B aircraft;
       E-2C aircraft;
       T-45 aircraft; and
       Medium Tactical Vehicle Replacement (MTVR) vehicle.
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     to Congress on September 30 of each year: Provided, That 
     funds available for operation and maintenance shall be 
     available for providing humanitarian and similar assistance 
     by using Civic Action Teams in the Trust Territories of the 
     Pacific Islands and freely associated states of Micronesia, 
     pursuant to the Compact of Free Association as authorized by 
     Public Law 99-239: Provided further, That upon a 
     determination by the Secretary of the Army that such action 
     is beneficial for graduate medical education programs 
     conducted at Army medical facilities located in Hawaii, the 
     Secretary of the Army may authorize the provision of medical 
     services at such facilities and transportation to such 
     facilities, on a nonreimbursable basis, for civilian patients 
     from American Samoa, the Commonwealth of the Northern Mariana 
     Islands, the Marshall Islands, the Federated States of 
     Micronesia, Palau, and Guam.
       Sec. 8010. (a) During fiscal year 1999, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2000 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2000 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2000.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. Notwithstanding any other provision of law, none 
     of the funds made available by this Act shall be used by the 
     Department of Defense to exceed, outside the 50 United 
     States, its territories, and the District of Columbia, 
     125,000 civilian workyears: Provided, That workyears shall be 
     applied as defined in the Federal Personnel Manual: Provided 
     further, That workyears expended in dependent student hiring 
     programs for disadvantaged youths shall not be included in 
     this workyear limitation.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. (a) None of the funds appropriated by this Act 
     shall be used to make contributions to the Department of 
     Defense Education Benefits Fund pursuant to section 2006(g) 
     of title 10, United States Code, representing the normal cost 
     for future benefits under section 3015(c) of title 38, United 
     States Code, for any member of the armed services who, on or 
     after the date of enactment of this Act--
       (1) enlists in the armed services for a period of active 
     duty of less than three years; or
       (2) receives an enlistment bonus under section 308a or 308f 
     of title 37, United States Code,

     nor shall any amounts representing the normal cost of such 
     future benefits be transferred from the Fund by the Secretary 
     of the Treasury to the Secretary of Veterans Affairs pursuant 
     to section 2006(d) of title 10, United States Code; nor shall 
     the Secretary of Veterans Affairs pay such benefits to any 
     such member: Provided, That in the case of a member covered 
     by clause (1), these limitations shall not apply to members 
     in combat arms skills or to members who enlist in the armed 
     services on or after July 1, 1989, under a program continued 
     or established by the Secretary of Defense in fiscal year 
     1991 to test the cost-effective use of special recruiting 
     incentives involving not more than nineteen noncombat arms 
     skills approved in advance by the Secretary of Defense: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       (b) None of the funds appropriated by this Act shall be 
     available for the basic pay and allowances of any member of 
     the Army participating as a full-time student and receiving 
     benefits paid by the Secretary of Veterans Affairs from the 
     Department of Defense Education Benefits Fund when time spent 
     as a full-time student is credited toward completion of a 
     service commitment: Provided, That this subsection shall not 
     apply to those members who have reenlisted with this option 
     prior to October 1, 1987: Provided further, That this 
     subsection applies only to active components of the Army.
       Sec. 8014. None of the funds appropriated by this Act shall 
     be available to convert to contractor performance an activity 
     or function of the Department of Defense that, on or after 
     the date of enactment of this Act, is performed by more than 
     ten Department of Defense civilian employees until a most 
     efficient and cost-effective organization analysis is 
     completed on such activity or function and certification of 
     the analysis is made to the Committees on Appropriations of 
     the House of Representatives and the Senate: Provided, That 
     this section shall not apply to a commercial or industrial 
     type function of the Department of Defense that: (1) is 
     included on the procurement list established pursuant to 
     section 2 of the Act of June 25, 1938 (41 U.S.C. 47), 
     popularly referred to as the Javits-Wagner-O'Day Act; (2) is 
     planned to be converted to performance by a qualified 
     nonprofit agency for the blind or by a qualified nonprofit 
     agency for other severely handicapped individuals in 
     accordance with that Act; or (3) is planned to be converted 
     to performance by a qualified firm under 51 per centum Native 
     American ownership.


                          (transfer of funds)

       Sec. 8015. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.

[[Page H5241]]

       Sec. 8017. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) shall be available for the 
     reimbursement of any health care provider for inpatient 
     mental health service for care received when a patient is 
     referred to a provider of inpatient mental health care or 
     residential treatment care by a medical or health care 
     professional having an economic interest in the facility to 
     which the patient is referred: Provided, That this limitation 
     does not apply in the case of inpatient mental health 
     services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services required by the patient, and the availability of 
     that care.
       Sec. 8018. Funds available in this Act may be used to 
     provide transportation for the next-of-kin of individuals who 
     have been prisoners of war or missing in action from the 
     Vietnam era to an annual meeting in the United States, under 
     such regulations as the Secretary of Defense may prescribe.
       Sec. 8019. Notwithstanding any other provision of law, 
     during the current fiscal year, the Secretary of Defense may, 
     by executive agreement, establish with host nation 
     governments in NATO member states a separate account into 
     which such residual value amounts negotiated in the return of 
     United States military installations in NATO member states 
     may be deposited, in the currency of the host nation, in lieu 
     of direct monetary transfers to the United States Treasury: 
     Provided, That such credits may be utilized only for the 
     construction of facilities to support United States military 
     forces in that host nation, or such real property maintenance 
     and base operating costs that are currently executed through 
     monetary transfers to such host nations: Provided further, 
     That the Department of Defense's budget submission for fiscal 
     year 2000 shall identify such sums anticipated in residual 
     value settlements, and identify such construction, real 
     property maintenance or base operating costs that shall be 
     funded by the host nation through such credits: Provided 
     further, That all military construction projects to be 
     executed from such accounts must be previously approved in a 
     prior Act of Congress: Provided further, That each such 
     executive agreement with a NATO member host nation shall be 
     reported to the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate 30 days prior to the conclusion and endorsement of any 
     such agreement established under this provision.
       Sec. 8020. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8021. Notwithstanding any other provision of law, none 
     of the funds appropriated by this Act shall be available to 
     pay more than 50 per centum of an amount paid to any person 
     under section 308 of title 37, United States Code, in a lump 
     sum.
       Sec. 8022. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8023. A member of a reserve component whose unit or 
     whose residence is located in a State which is not contiguous 
     with another State is authorized to travel in a space 
     required status on aircraft of the Armed Forces between home 
     and place of inactive duty training, or place of duty in lieu 
     of unit training assembly, when there is no road or railroad 
     transportation (or combination of road and railroad 
     transportation between those locations): Provided, That a 
     member traveling in that status on a military aircraft 
     pursuant to the authority provided in this section is not 
     authorized to receive travel, transportation, or per diem 
     allowances in connection with that travel.
       Sec. 8024. The unobligated balance of the amounts 
     appropriated by section 8024 of the Department of Defense 
     Appropriations Act, 1998 (Public Law 105-56), shall remain 
     available until September 30, 1999 for incentive payments 
     authorized by section 504 of the Indian Financing Act of 1974 
     (25 U.S.C. 1544): Provided, That contractors participating in 
     the test program established by section 834 of Public Law 
     101-189 (15 U.S.C. 637 note) shall be eligible for the 
     program established by section 504 of the Indian Financing 
     Act.
       Sec. 8025. During the current fiscal year, funds 
     appropriated or otherwise available for any Federal agency, 
     the Congress, the judicial branch, or the District of 
     Columbia may be used for the pay, allowances, and benefits of 
     an employee as defined by section 2105 of title 5, United 
     States Code, or an individual employed by the government of 
     the District of Columbia, permanent or temporary indefinite, 
     who--
       (1) is a member of a Reserve component of the Armed Forces, 
     as described in section 10101 of title 10, United States 
     Code, or the National Guard, as described in section 101 of 
     title 32;
       (2) performs, for the purpose of providing military aid to 
     enforce the law or providing assistance to civil authorities 
     in the protection or saving of life or property or prevention 
     of injury--
        (A) Federal service under sections 331, 332, 333, or 12406 
     of title 10, or other provision of law, as applicable; or
        (B) full-time military service for his or her State, the 
     District of Columbia, the Commonwealth of Puerto Rico, or a 
     territory of the United States; and
       (3) requests and is granted--
        (A) leave under the authority of this section; or
        (B) annual leave, which may be granted without regard to 
     the provisions of sections 5519 and 6323(b) of title 5, if 
     such employee is otherwise entitled to such annual leave: 
     Provided, That any employee who requests leave under 
     subsection (3)(A) for service described in subsection (2) of 
     this section is entitled to such leave, subject to the 
     provisions of this section and of the last sentence of 
     section 6323(b) of title 5, and such leave shall be 
     considered leave under section 6323(b) of title 5.
       Sec. 8026. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 48 months after 
     initiation of such study for a multi-function activity.
       Sec. 8027. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8028. Notwithstanding any other provision of law or 
     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. 8029. None of the funds appropriated or made available 
     in this Act shall be used to reduce or disestablish the 
     operation of the 53rd Weather Reconnaissance Squadron of the 
     Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act.
       Sec. 8030. (a) Of the funds for the procurement of supplies 
     or services appropriated by this Act, qualified nonprofit 
     agencies for the blind or other severely handicapped shall be 
     afforded the maximum practicable opportunity to participate 
     as subcontractors and suppliers in the 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. 8031. During the current fiscal year, net receipts 
     pursuant to collections from third party payers pursuant to 
     section 1095 of title 10, United States Code, shall be made 
     available to the local facility of the uniformed services 
     responsible for the collections and shall be over and above 
     the facility's direct budget amount.
       Sec. 8032. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under 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. 8033. Of the funds made available in this Act, not 
     less than $28,300,000 shall be available for the Civil Air 
     Patrol Corporation, of which $23,500,000 shall be available 
     for Civil Air Patrol Corporation operation and maintenance to 
     support readiness activities which includes $3,800,000 for 
     the Civil Air Patrol counterdrug program: Provided, That 
     funds identified for ``Civil Air Patrol'' under this section 
     are intended for and shall be for the exclusive use of the 
     Civil Air Patrol Corporation and not for the Air Force or any 
     unit thereof.
       Sec. 8034. (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,

[[Page H5242]]

     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 1999 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 1999, 
     not more than 6,206 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,105 staff years may be funded for 
     the defense studies and analysis FFRDCs.
       (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 
     1999 so as to reduce the total amounts appropriated in titles 
     II, III, and IV of this Act by $62,000,000: Provided, That 
     the total amounts appropriated in titles II, III, and IV of 
     this Act are hereby reduced by $62,000,000 to reflect savings 
     from the use of defense FFRDCs by the department.
       (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 1999: 
     Provided, That after the submission of the report required by 
     this subsection, the department may not reallocate more than 
     five per centum of an FFRDC's staff years among other defense 
     FFRDCs until 30 days after a detailed justification for any 
     such reallocation is submitted to the congressional defense 
     committees.
       (g) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2000 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year.
       (h) No part of the reductions contained in subsection (e) 
     of this section may be applied against any budget activity, 
     activity group, subactivity group, line item, program 
     element, program, project, subproject or activity which does 
     not fund defense FFRDC activities within each appropriation 
     account, and the reductions in subsection (e) shall be 
     allocated on a proportional basis.
       (i) Not later than 90 days after enactment of this Act, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report listing the specific funding 
     reductions allocated to each category listed in subsection 
     (h) above pursuant to this section.
       Sec. 8035. 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. 8036. 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. 8037. During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through 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. 8038. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 1999. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8039. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year as a result 
     of energy cost savings realized by the Department of Defense 
     shall remain available for obligation for the next fiscal 
     year to the extent, and for the purposes, provided in section 
     2865 of title 10, United States Code.


                     (including transfer of funds)

       Sec. 8040. Amounts deposited during the current fiscal year 
     to the special account established under 40 U.S.C. 485(h)(2) 
     and to the special account established under 10 U.S.C. 
     2667(d)(1) are appropriated and shall be available until 
     transferred by the 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. 8041. 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. 8042. The President shall include with each budget for 
     a fiscal year submitted to the Congress under section 1105 of 
     title 31, United States Code, materials that shall identify 
     clearly and separately the amounts requested in the budget 
     for 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. 8043. Notwithstanding any other provision of law, 
     funds available for ``Drug Interdiction and Counter-Drug 
     Activities, Defense'' may be obligated for the Young Marines 
     program.
       Sec. 8044. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8045. 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. 8046. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $100,000.
       Sec. 8047. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an

[[Page H5243]]

     investment item would be chargeable during the current fiscal 
     year to appropriations made to the Department of Defense for 
     procurement.
       (b) The fiscal year 2000 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2000 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2000 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. 8048. 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, 2000: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended.
       Sec. 8049. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency 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. 8050. 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. 8051. 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. 8052. (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. 8053. 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. 8054. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to field operating agencies 
     funded within the National Foreign Intelligence Program.
       Sec. 8055. 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. 8056. Of the funds provided in Department of Defense 
     Appropriations Acts, the following funds are hereby rescinded 
     from the following accounts in the specified amounts:
       ``Missile Procurement, Army, 1998/2000'', $13,300,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
     1998/2000'', $6,700,000;
       ``Other Procurement, Army, 1998/2000'', $24,000,000;
       ``Weapons Procurement, Navy, 1998/2000'', $2,000,000;
       ``Procurement of Ammunition, Navy and Marine Corps, 1998/
     2000'', $12,000,000;
       ``Other Procurement, Navy, 1998/2000'', $28,500,000;
       ``Aircraft Procurement, Air Force, 1998/2000'', 
     $15,000,000;
       ``Missile Procurement, Air Force, 1998/2000'', $19,840,000;
       ``Other Procurement, Air Force, 1998/2000'', $4,160,000;
       ``Research, Development, Test and Evaluation, Army, 1998/
     1999'', $18,000,000;
       ``Research, Development, Test and Evaluation, Navy, 1998/
     1999'', $17,500,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     1998/1999'', $34,370,000; and
       ``Research, Development, Test and Evaluation, Defense-Wide, 
     1998/1999'', $73,000,000.
       Sec. 8057. 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. 8058. 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. 8059. 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. 8060. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Unified and 
     Specified Commands and Defense Agencies shall be available 
     for reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence or counterintelligence 
     support to Unified Commands, Defense Agencies and Joint 
     Intelligence Activities, including the activities and 
     programs included within the National Foreign Intelligence 
     Program (NFIP), the Joint Military Intelligence Program 
     (JMIP), and the Tactical Intelligence and Related Activities 
     (TIARA) aggregate: Provided, That nothing in this section 
     authorizes deviation from established Reserve and National 
     Guard personnel and training procedures.
       Sec. 8061. During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 1998 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.


                     (including transfer of funds)

       Sec. 8062. None of the funds appropriated in this Act may 
     be transferred to or obligated from the Pentagon Reservation 
     Maintenance Revolving Fund, unless the Secretary of Defense 
     certifies that the total cost for the planning, design, 
     construction and installation of equipment for the renovation 
     of the Pentagon Reservation will not exceed $1,118,000,000.
       Sec. 8063. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year

[[Page H5244]]

     for drug interdiction and counter-drug activities may be 
     transferred to any other department or agency of the United 
     States except as specifically provided in an appropriations 
     law.


                          (transfer of funds)

       Sec. 8064. Appropriations available in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' for 
     increasing energy and water efficiency in Federal buildings 
     may, during their period of availability, be 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. 8065. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by 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. 8066. Notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to American Samoa: 
     Provided, That notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide 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. 8067. None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8068. Notwithstanding any other provision of law, the 
     Naval shipyards of the United States shall be eligible to 
     participate in any manufacturing extension program financed 
     by funds appropriated in this or any other Act.
       Sec. 8069. Notwithstanding any other provision of law, each 
     contract awarded by the Department of Defense during the 
     current fiscal year for construction or service performed in 
     whole or in part in a State which is not 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. 8070. During the current fiscal year, the Army shall 
     use the former George Air Force Base as the airhead for the 
     National Training Center at Fort Irwin: Provided, That none 
     of the funds in this Act shall be obligated or expended to 
     transport Army personnel into Edwards Air Force Base for 
     training rotations at the National Training Center.
       Sec. 8071. (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. 8072. (a) Limitation on Transfer of Defense Articles 
     and Services.--Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives, and the Committee on Foreign Relations of 
     the Senate are notified 15 days in advance of such transfer.
       (b) Covered Activities.--This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) Required Notice.--A notice under subsection (a) shall 
     include the following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
        (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
        (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8073. 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. 8074. 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. 8075. (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. 8076. 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.


                     (including transfer of funds)

       Sec. 8077. During the current fiscal year, no more than 
     $7,000,000 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. 8078. For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior year, and the 1 percent 
     limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8079. 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

[[Page H5245]]

     may not exceed an amount equal to 1 percent of the total 
     appropriation for that account.
       Sec. 8080. The Under Secretary of Defense (Comptroller) 
     shall submit to the congressional defense committees by 
     February 1, 1999 a detailed report identifying, by amount and 
     by separate budget activity, activity group, subactivity 
     group, line item, program element, program, project, 
     subproject, and activity, any activity for which the fiscal 
     year 2000 budget request was reduced because Congress 
     appropriated funds above the President's budget request for 
     that specific activity for fiscal year 1999.
       Sec. 8081. 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. 8082. 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. 8083. (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. 8084. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source.
       Sec. 8085. During the current fiscal year, the amounts 
     which are necessary for the operation and maintenance of the 
     Fisher Houses administered by the Departments of the Army, 
     the Navy, and the Air Force are hereby appropriated, to be 
     derived from amounts which are available in the applicable 
     Fisher House trust fund established under 10 U.S.C. 2221 for 
     the Fisher Houses of each such department.
       Sec. 8086. During the current fiscal year and hereafter, 
     refunds attributable to the use of the Government travel card 
     by military personnel and civilian employees of the 
     Department of Defense and refunds attributable to official 
     Government travel arranged by Government Contracted Travel 
     Management Centers may be credited to operation and 
     maintenance accounts of the Department of Defense which are 
     current when the refunds are received.
       Sec. 8087. During the current fiscal year, not more than a 
     total of $60,000,000 in withdrawal credits may be made by the 
     Marine Corps Supply Management activity group of the Navy 
     Working Capital Fund, Department of Defense Working Capital 
     Funds, to the credit of current applicable appropriations of 
     a Department of Defense activity in connection with the 
     acquisition of critical low density repairables that are 
     capitalized into the Navy Working Capital Fund.
       Sec. 8088. 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. 8089. At the time the President submits his budget for 
     fiscal year 2000 and any fiscal year thereafter, the 
     Department of Defense shall transmit to the congressional 
     defense committees a budget justification document for the 
     active and reserve Military Personnel accounts, to be known 
     as the ``M-1'', which shall identify, at the budget activity, 
     activity group, and subactivity group level, the amounts 
     requested by the President to be appropriated to the 
     Department of Defense for military personnel in any budget 
     request, or amended budget request, for that fiscal year.
       Sec. 8090. None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements: Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use: Provided further, That this restriction does 
     not apply to programs funded within the National Foreign 
     Intelligence Program: Provided further, That the Secretary of 
     Defense may waive this restriction on a case-by-case basis by 
     certifying in writing to the Committees on Appropriations of 
     the House of Representatives and the Senate that it is in the 
     national security interest to do so.
       Sec. 8091. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with a contractor that is subject to the reporting 
     requirement set forth in subsection (d) of section 4212 of 
     title 38, United States Code, but has not submitted the most 
     recent report required by such subsection for 1998 or a 
     subsequent year.
       Sec. 8092. None of the funds made available in this Act may 
     be used to approve or license the sale of the F-22 advanced 
     tactical fighter to any foreign government.
       Sec. 8093. None of the funds appropriated or otherwise made 
     available by this Act may be made available for the United 
     States Man and the Biosphere Program, or related projects.
       Sec. 8094. Notwithstanding 31 U.S.C. 1552(a), of the funds 
     provided in Department of Defense Appropriations Acts, not 
     more than the specified amounts from the following accounts 
     shall remain available for the payment of satellite on-orbit 
     incentive fees until the fees are paid:
       ``Missile Procurement, Air Force, 1995/1997'', $20,978,000;
       ``Missile Procurement, Air Force, 1996/1998'', $16,782,400.
       Sec. 8095. None of the funds in this or any other Act may 
     be used by the National Imagery and Mapping Agency for any 
     mapping, charting, and geodesy activities unless contracts 
     for such services are awarded in accordance with the 
     qualifications based selection process in 40 U.S.C. 541 et 
     seq. and 10 U.S.C. 2855: Provided, That an exception shall be 
     provided for such services that are critical to national 
     security after a written notification has been submitted by 
     the Deputy Secretary of Defense to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       Sec. 8096. Funds made available to the Civil Air Patrol in 
     this Act under the heading ``Drug Interdiction and Counter-
     Drug Activities, Defense'' may be used for the Civil Air 
     Patrol Corporation's counterdrug program, including its 
     demand reduction program involving youth programs, as well as 
     operational and training drug reconnaissance missions for 
     federal, state and local government agencies; for 
     administrative costs, including the hiring of Civil Air 
     Patrol Corporation employees; for travel and per diem 
     expenses of Civil Air Patrol Corporation personnel in support 
     of those missions; and for equipment needed for mission 
     support or performance: Provided, That of these funds, 
     $300,000 shall be made available to establish and operate a 
     distance learning program: Provided further, That the 
     Department of the Air Force should waive reimbursement from 
     the Federal, State and local government agencies for the use 
     of these funds.
       Sec. 8097. The Secretary of Defense shall undertake a 
     review of all distributed learning education and training 
     programs in the Department of Defense and shall issue a plan 
     to implement a department-wide, standardized, cost-effective 
     Advanced Distributed Learning framework to achieve the goals 
     of commonality, interoperability, and reuse: Provided, That 
     the Secretary shall report to Congress on the results of this 
     review and present a detailed implementation and budget plan 
     no later than July 30, 1999.
       Sec. 8098. None of the funds in this Act may be available 
     for the purchase by the Department of Defense of cross deck 
     pendants for arresting aircraft on U.S. Navy aircraft 
     carriers unless such cross deck pendants are manufactured in 
     the United States from components which are substantially 
     manufactured in the United States: Provided, That when 
     adequate domestic supplies are not available to meet 
     Department of Defense requirements on a timely basis, 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 such an acquisition must be made in order to acquire 
     capability for national security purposes.
       Sec. 8099. None of the funds in this or any other Act shall 
     be available to any Reserve Component to establish new 
     activities to perform depot level maintenance and 
     remanufacture of any equipment in the Department of Defense 
     inventory unless the Secretary of Defense first certifies to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate, on a case-by-case basis, that 
     (a) insufficient workload capacity is available at existing 
     government or private sector depot maintenance facilities 
     currently used by the Reserve Components for similar work; 
     and (b) an in-depth analysis has been performed comparing the 
     cost of any proposed expansion of depot facilities versus the 
     cost of performing the same work at existing depot facilities 
     or by the private sector.
       Sec. 8100. Notwithstanding any other provision of law, the 
     TRICARE managed care support contracts in effect, or in final 
     stages of acquisition as of September 30, 1998, may be 
     extended for two years: Provided, That

[[Page H5246]]

     any such extension may only take place if the Secretary of 
     Defense determines that it is in the best interest of the 
     government: Provided further, That any contract extension 
     shall be based on the price in the final best and final offer 
     for the last year of the existing contract as adjusted for 
     inflation and other factors mutually agreed to by the 
     contractor and the government: Provided further, That 
     notwithstanding any other provision of law, all future 
     TRICARE managed care support contracts replacing contracts in 
     effect, or in the final stages of acquisition as of September 
     30, 1998, may include a base contract period for transition 
     and up to seven one-year option periods.
       Sec. 8101. Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act is hereby reduced 
     by $204,100,000 to reflect savings from revised economic 
     assumptions, to be distributed as follows:
       ``Aircraft Procurement, Army'', $4,000,000;
       ``Missile Procurement, Army'', $4,000,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, 
     Army'', $4,000,000;
       ``Procurement of Ammunition, Army'', $3,000,000;
       ``Other Procurement, Army'', $9,000,000;
       ``Aircraft Procurement, Navy'', $22,000,000;
       ``Weapons Procurement, Navy'', $4,000,000;
       ``Procurement of Ammunition, Navy and Marine Corps'', 
     $1,000,000;
       ``Shipbuilding and Conversion, Navy'', $18,000,000;
       ``Other Procurement, Navy'', $12,000,000;
       ``Procurement, Marine Corps'', $2,000,000;
       ``Aircraft Procurement, Air Force'', $23,000,000;
       ``Missile Procurement, Air Force'', $5,200,000;
       ``Procurement of Ammunition, Air Force'', $1,000,000;
       ``Other Procurement, Air Force'', $4,900,000;
       ``Procurement, Defense-Wide'', $5,100,000;
       ``Chemical Agents and Munitions Destruction, Army'', 
     $3,000,000;
       ``Research, Development, Test and Evaluation, Army'', 
     $10,000,000;
       ``Research, Development, Test and Evaluation, Navy'', 
     $18,500,000;
       ``Research, Development, Test and Evaluation, Air Force'', 
     $26,300,000; and
       ``Research, Development, Test and Evaluation, Defense-
     Wide'', $24,100,000:

     Provided, That these reductions shall be applied 
     proportionally to each budget activity, activity group and 
     sub-activity group and each program, project, and activity 
     within each appropriation account.
       Sec. 8102. (a) Transfers of Vessels by Grant.--The 
     Secretary of the Navy is authorized to transfer vessels to 
     foreign countries on a grant basis under section 516 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as follows:
       (1) To the Government of Argentina, the NEWPORT class tank 
     landing ship NEWPORT (LST 1179).
       (2) To the Government of Greece--
       (A) the KNOX class frigate HEPBURN (FF 1055); and
       (B) the ADAMS class guided missile destroyers STRAUSS (DDG 
     16), SEMMS (DDG 18), and WADDELL (DDG 24).
       (3) To the Government of Portugal, the STALWART class ocean 
     surveillance ship ASSURANCE (T-AGOS 5).
       (4) To the Government of Turkey, the KNOX class frigates 
     PAUL (FF 1080), MILLER (FF 1091), and W.S. SIMMS (FF 1059).
       (b) Transfers of Vessels by Sale.--The Secretary of the 
     Navy is authorized to transfer vessels to foreign countries 
     on a sales basis under section 21 of the Arms Export Control 
     Act (22 U.S.C. 2761) as follows:
       (1) To the Government of Brazil, the NEWPORT class tank 
     landing ships CAYUGA (LST 1186) and PEORIA (LST 1183).
       (2) To the Government of Chile--
       (A) the NEWPORT class tank landing ship SAN BERNARDINO (LST 
     1189); and
       (B) the auxiliary repair dry dock WATERFORD (ARD 5).
       (3) To the Government of Greece--
       (A) the OAK RIDGE class medium dry dock ALAMAGORDO (ARDM 
     2); and
       (B) the KNOX class frigates VREELAND (FF 1068) and TRIPPE 
     (FF 1075).
       (4) To the Government of Mexico--
       (A) the auxiliary repair dock SAN ONOFRE (ARD 30); and
       (B) the KNOX class frigate PHARRIS (FF 1094).
       (5) To the Government of the Philippines, the STALWART 
     class ocean surveillance ship TRIUMPH (T-AGOS 4).
       (6) To the Government of Spain, the NEWPORT class tank 
     landing ships HARLAN COUNTY (LST 1196) and BARNSTABLE COUNTY 
     (LST 1197).
       (7) To the Taipai Economic and Cultural Representative 
     Office in the United States (the Taiwan instrumentality that 
     is designated pursuant to section 10(a) of the Taiwan 
     Relations Act)--
       (A) the KNOX class frigates PEARY (FF 1073), JOSEPH HEWES 
     (FF 1078), COOK (FF 1083), BREWTON (FF 1086), KIRK (FF 1987), 
     and BARBEY (FF 1088);
       (B) the NEWPORT class tank landing ships MANITOWOC (LST 
     1180) and SUMTER (LST 1181);
       (C) the floating dry dock COMPETENT (AFDM 6); and
       (D) the ANCHORAGE class dock landing ship PENSACOLA (LSD 
     38).
       (8) To the Government of Turkey--
       (A) the OLIVER HAZARD PERRY class guided missile frigates 
     MAHLON S. TISDALE (FFG 27), REID (FFG 30), and DUNCAN (FFG 
     10); and
       (B) the KNOX class frigates REASONER (FF 1063), FANNING (FF 
     1076), BOWEN (FF 1079), MCCANDLESS (FF 1084), DONALD BEARY 
     (FF 1085), AINSWORTH (FF 1090), THOMAS C. HART (FF 1092), and 
     CAPODANNO (FF 1093).
       (9) To the Government of Venezuela, the medium auxiliary 
     floating dry dock bearing hull number AFDM 2.
       (c) Transfers of Vessels on a Combined Lease-Sale Basis.--
     The Secretary of the Navy is authorized to transfer vessels 
     to foreign countries on a combined lease-sale basis under 
     sections 61 and 21 of the Arms Export Control Act (22 U.S.C. 
     2796, 2761) and in accordance with subsection (d) as follows:
       (1) To the Government of Brazil, the CIMARRON class oiler 
     MERRIMACK (AO 179).
       (2) To the Government of Greece, the KIDD class guided 
     missile destroyers KIDD (DDG 993), CALLAGHAN (DDG 994), SCOTT 
     (DDG 995), and CHANDLER (DDG 996).
       (d) Conditions Relating To Combined Lease-Sale Transfers.--
     A transfer of a vessel on a combined lease-sale basis 
     authorized by subsection (c) shall be made in accordance with 
     the following provisions, which the Secretary shall include 
     in the terms of any agreement with the recipient country for 
     such transfer of the vessel:
       (1) The Secretary may initially transfer the vessel by 
     lease, with lease payments suspended for the term of the 
     lease, while simultaneously entering into a foreign military 
     sales agreement for the transfer of title to the vessel.
       (2) The Secretary may not deliver title to the vessel until 
     the purchase price of the vessel under such a sales agreement 
     is paid in full.
       (3) Upon payment of the purchase price in full under such a 
     sales agreement and delivery of title to the recipient 
     country, the Secretary shall terminate the lease.
       (4) If the purchasing country fails to make full payment of 
     the purchase price in accordance with the sales agreement--
       (A) the sales agreement shall be immediately terminated;
       (B) the suspension of lease payments under the lease shall 
     be vacated; and
       (C) the United States shall be entitled to retain funds 
     received under the sales agreement in such amounts as 
     necessary to cover the amount of lease payments due and 
     payable under the lease and all other costs required by the 
     lease to be paid as of the date of the sales agreement 
     termination.
       (5) If a sales agreement is terminated pursuant to 
     paragraph (4), the United States shall not be required to pay 
     any interest to the recipient country on any amount paid to 
     the United States by the recipient country under the sales 
     agreement and not retained by the United States under the 
     lease.
       (e) Funding for Certain Costs of Transfers.--There is 
     established in the Treasury of the United States a special 
     account to be known as the Defense Vessels Transfer Program 
     Account. There is hereby appropriated into that account such 
     sums as may be necessary for the costs (as defined in section 
     502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a)) 
     of the lease-sale transfers authorized by subsection (d). 
     Funds in that account are available only for the purpose of 
     covering those costs.
       (f) Waiver of Requirements for Notification to Congress.--
     Section 516(f) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(f)), section 525 of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     1998 (Public Law 105-118; 111 Stat. 2412), and any similar, 
     successor provision of law do not apply with respect to the 
     transfers authorized by this section.
       (g) Inapplicability of Aggregate Annual Limitation on Value 
     of Transferred Excess Defense Articles.--In the case of the 
     transfer of a vessel authorized by subsection (a) to be made 
     by grant under section 516 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2321j), the value of the vessel transferred 
     shall not be included for purposes of subsection (g) of that 
     section in the aggregate value of excess defense articles 
     transferred to countries under that section in any fiscal 
     year.
       (h) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section shall be charged to the recipient.
       (i) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the Secretary of the Navy 
     shall require, as a condition of the transfer of a vessel 
     under this section, that the country to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of 
     that country, performed at a shipyard located in the United 
     States, including a United States Navy shipyard.
       (j) Expiration of Authority.--The authority to transfer 
     vessels under this section shall expire at the end of the 
     two-year period beginning on the date of the enactment of 
     this Act.
       Sec. 8103. None of the funds in this Act may be used to 
     compensate an employee of the Department of Defense who 
     initiates a new start program without notification to the 
     Office of the Secretary of Defense and the congressional 
     defense committees, as required by Department of Defense 
     financial management regulations.


                     (including transfer of funds)

       Sec. 8104. Of the funds made available under title II of 
     this Act, the following

[[Page H5247]]

     amounts shall be transferred to the Defense Working Capital 
     Funds for the purpose of funding operations of the Defense 
     Commissary Agency:
       ``Operation and Maintenance, Army'', $338,400,000;
       ``Operation and Maintenance, Navy'', $255,000,000;
       ``Operation and Maintenance, Marine Corps'', $86,600,000; 
     and
       ``Operation and Maintenance, Air Force'', $302,071,000:

     Provided, That the transfer authority provided in this 
     section is in addition to any other transfer authority 
     contained elsewhere in this Act.
       Sec. 8105. Of the amounts made available in title II of 
     this Act under the heading ``Operation and Maintenance, 
     Navy'', $20,000,000 is available only for emergency and 
     extraordinary expenses associated with the accident involving 
     a United States Marine Corps A-6 aircraft on February 3, 
     1998, near Cavalese, Italy: Provided, That these funds shall 
     remain available until expended: Provided further, That 
     notwithstanding any other provision of law, the funds made 
     available by this section shall be available only for 
     payments to persons, communities, or other entities in Italy 
     only for reimbursement for damages resulting from the 
     expenses associated with the accident involving a United 
     States Marine Corps A-6 aircraft on February 3, 1998, near 
     Cavalese, Italy: Provided further, That notwithstanding any 
     other provision of law, funds made available under this 
     section may be used to rebuild or replace the funicular 
     system in Cavalese destroyed on February 3, 1998 by that 
     aircraft: Provided further, That any amount paid to any 
     individual or entity from the amount appropriated under this 
     section shall be credited against any amount subsequently 
     determined to be payable to that individual or entity under 
     chapter 163 of title 10, United States Code, section 127 of 
     that title, or any other authority provided by law for 
     administrative settlement of claims against the United States 
     with respect to damages arising from the accident described 
     in this section: Provided further, That payment of an amount 
     under this section shall not be considered to constitute a 
     statement of legal liability on the part of the United States 
     or otherwise to prejudge any judicial proceeding or 
     investigation arising from the accident described in this 
     section.

  Mr. YOUNG of Florida (during the reading). Mr. Chairman, I ask 
unanimous consent that the remainder of the bill through page 107, line 
23, be considered as read, printed in the Record, and open to amendment 
at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:
       Sec. 8106. No funds appropriated or otherwise made 
     available by this Act may be used to initiate or conduct 
     offensive military operations by United States Armed Forces 
     except in accordance with the war powers clause of the 
     Constitution (article 1, section 8), which vests in Congress 
     the power to declare and authorize war and to take certain 
     specified, related decisions.

  The CHAIRMAN. Pursuant to House Resolution 484, consideration of this 
section under the 5-minute rule shall not exceed 1 hour.
  Mr. SKAGGS. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, section 8106 in the bill really depends upon section 8 
of Article I of the Constitution. I would just like to refer my 
colleagues to that text which reads as follows:

       The Congress shall have Power . . . to declare War, grant 
     letters of Marque and Reprisal, and make rules concerning 
     Captures on Land and Water.

  What this amendment does is merely to say that no funds appropriated 
in this bill may be used for military operations of the United States 
except in accordance with that provision of the Constitution. In other 
words, we are transforming, by including this language, the abstract 
constitutional concept of the Congress' war powers authority and 
turning it into a real and concrete requirement bearing on the way this 
Nation will decide on military engagements at least during fiscal 1999.
  This amendment represents the very simple proposition that we follow 
the Constitution and impose the limitation that the Constitution states 
and show that we really mean it. The question, of course, is: If you 
are just restating a Constitution, why is this really necessary?
  I made a few observations during the debate on the rule referring 
back to statements by this administration and by the Bush 
administration that take an extraordinarily expansive view of the 
inherent authority held by the President to essentially define the 
national interests of the United States and use military force to 
implement that presidential definition of the national interest, which 
I think should give us some real pause.
  In the Constitution's provision which I quoted, I think we in 
Congress, the legislative branch, have been given unequivocally and 
exclusively the power to decide questions of war for this country, even 
limited war. The framers put that power in Congress because they saw it 
as really an essential part of our democracy, expressly rejecting the 
idea, given their recent experience with the King of England, that the 
President should have that kind of power.
  The Constitution rightly, I think, expects us as the representatives 
of the people to decide on questions of war.
  There is always a lot of confusion because of that arcane phrase in 
the Constitution about declaring war. Let me just say that usage and 
dictionaries at the time the Constitution was drafted made it pretty 
clear that ``declare'' in the understanding of the drafters also meant 
``commence.''
  That was clear, for instance, from Alexander Hamilton's commentary in 
Federalist No. 25, noting that nations at the time went to war without 
formal declaration. James Madison, the real father of the Constitution, 
and Elbridge Gerry, during the Constitutional Convention, succeeded in 
substituting the words ``declare'' for ``make'' to make it clear that 
the President would have ``the power to repel sudden attacks.''
  Very early in our republic, Chief Justice Marshall, with an 
understanding of the contemporaneous thought of the drafters in a 
Supreme Court decision, made the following statement, and I quote:

       The whole powers of war being, by the Constitution of the 
     United States, vested in Congress, et cetera.

  So there really should be no confusion about where this power lies.
  At the time of the founding, it is also useful to understand what the 
drafters were getting at by the phrase ``letters of marque and 
reprisal.'' Essentially at that time, these were ways of settling 
disputes short of all-out war.
  Then-Secretary of State Thomas Jefferson wrote, ``The making of 
reprisal on a nation is a very serious thing that is considered an act 
of war.'' And he goes on, ``The right of reprisal is expressly lodged 
with Congress by the Constitution and not with the executive.''
  I elaborate a little bit on that because the action the President 
contemplated last spring with regard to Iraq, the actions being 
considered now with regard to Kosovo and Yugoslavia would best be 
considered as limited war under the marque and reprisal clause.
  The Constitution clearly gives the President a very powerful role as 
commander in chief and as the maker of U.S. foreign policy.
  The CHAIRMAN. The time of the gentleman from Colorado (Mr. Skaggs) 
has expired.
  (By unanimous consent, Mr. Skaggs was allowed to proceed for 5 
additional minutes.)
  Mr. SKAGGS. Mr. Chairman, but in recent years, we have allowed the 
President to usurp Congress' power in this area and far exceed, I 
believe, what the Constitution contemplated.
  I just wanted to offer to my colleagues' attention what I hope will 
be a graphic representation to help understand what we are talking 
about. That is the gray area that exists concededly between the 
Constitution's grant to the President of foreign policy and Commander 
in Chief powers and what the Constitution grants to this Congress under 
the war-making clause.
  At one end of the spectrum, we all recognize the President has the 
inherent power to act to repel an attack, acts of defense of the 
Nation. At the other end of the spectrum of possible military 
operations, it is also pretty clear that we are given the power to 
determine whether or not this country would invade another country, a 
pure offensive action.
  No one really knows exactly where our power ends under the 
Constitution, and our exclusive power, I might add, nor where the 
President's exclusive powers as Commander in Chief end. There is a gray 
area. But whatever Congress' power extends, all this amendment does is 
to say, to that extent, funds in the bill cannot be spent without 
complying with the Constitution.
  That is important, I think, because for among other reasons, the

[[Page H5248]]

antideficiency act gives real teeth, then, to this provision in 
restraining and informing the decisions that would be made by the 
executive, either to act on its own or more properly to come here and 
deal with Congress and in the way the Constitution intended.
  I hear a lot of complaints around here about our not being consulted. 
Let me tell my colleagues, if they want to be consulted about these 
important decisions, make sure this stays in the bill, because this has 
gotten the administration's attention, as it should.
  I mentioned during the debate on the rule the statement of 
administration policy which includes a veto threat on this provision. 
That would be, I think, comic if it were not so serious. The idea that 
the President would veto a bill because Congress asserts and reclaims 
its designated and exclusive constitutional responsibility under 
Article I, section 8, is a little dumbfounding. I cannot believe the 
President would really follow through on that, a veto because Congress 
says that it and the President should follow the Constitution. Give me 
a break.
  I realize there is a practice that has been built up during the Cold 
War years in which we are very deferential to the President, but in 
reconsidering this, let me just call my colleagues' attention to one of 
the compelling statements that Madison made about this, and I quote:
       In no part of the Constitution is more wisdom to be found 
     than in the clause which confides the question of war or 
     peace to the legislature and not to the executive department. 
     The trust and the temptation would be too great for one man.

  I think that serves to demonstrate, again, the need for this 
provision. It underscores the wisdom of the founders, as Madison said.
  My colleagues, if we do not stand up for our responsibilities and 
progresses under the Constitution, nobody else is going to. I think the 
American people have a right to expect us to do our job. If we are, 
indeed, tired of being ignored in these very important decisions about 
sending our Armed Forces into harm's way, I hope we will not only 
retain this provision in this bill tonight, but that my friends, the 
chairman and ranking member of the subcommittee will do their utmost to 
see that it is also retained in conference.
  Mr. CAMPBELL. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I was very favorably impressed at the learning shared 
by our colleague, the gentleman from Colorado, emphasizing the 
importance of section 8106 in the defense appropriations bill. I wish 
to add my own strong endorsement of this language and emphasize an 
additional reason why we should insist upon it.
  The record of the President taking the authority away from Congress 
is a disappointing one in this century. On one recent occasion, one of 
our colleagues, joined by others, brought a lawsuit. That was former 
Congressman Dellums who brought a lawsuit against former President Bush 
regarding his use of force.
  The Court dismissed the case saying that the Congress itself had not 
spoken and that it required, in order for the case to be ripe, that the 
Congress speak.
  It is my interpretation of section 8106 that it provides the ripeness 
for just such a challenge, should the President exercise the authority 
that he claims, to go to war without having an express approval in 
advance from the Congress of the United States. That, to me, is a very 
important purpose achieved here.
  Secondly, the language refers to the War Resolution Authority, the 
authority to declare war in the Constitution. It does not in so many 
terms refer to the Commander in Chief authority.

                              {time}  1930

  The power in the President vested as Commander in Chief includes the 
power to repel attacks, to respond to sudden attacks, and it is often 
that provision which is relied upon by Presidents when they choose to 
go to war without getting the approval of Congress, if they care to 
justify it at all. When we let that power slip from our fingers, we 
inch by inch approach tyranny, to give that much power to the President 
which our Founders wished not to see vested in a single person.
  So this provision, in section 8106, does not refer to the Commander 
in Chief. I interpret the draftsperson's intention to be, and all of us 
who are discussing this tonight, that the President in exercising 
authority under this appropriation act is to exercise authority 
specifically as 8106 says, and, that is, in compliance with the 
provisions of the war declaration authority. It is constitutional for 
us to impose this condition. If the President does not like it he may 
veto it. Indeed that is apparently what my colleague from Colorado 
informs us he has threatened to do.
  But I lay down this legislative marker. The President, if he chooses 
to use force, must find the justification under the declaration of war 
authority, or he is violating the terms of this appropriation act and 
violating the antideficiency act. I would also say he is violating the 
Constitution, but that is the second issue. The first, the most 
immediate one, this is legislation and he would be violating the 
legislation.
  Lastly, I wish to speak on the Constitution. It is very important not 
to forget that the Founders wanted all wars to be decided by the 
people's representatives. The gentleman from South Carolina (Mr. 
Sanford) said it so eloquently when we debated this question once 
before. He said, ``The bodies come home to Charleston, they don't come 
home to Washington.'' That is why the Founders intended to have this 
authority in the People's House and in the other body. All wars.
  Mr. Chairman, I would like to conclude my remarks by a quotation from 
``War and Responsibility'' by Professor John Hart Ely, professor of 
constitutional law at Yale, then at Harvard, then dean of the Stanford 
Law School, now with the University of Miami.
  ``The power to declare war was constitutionally vested in Congress. 
The debates, and early practice, establish that this meant that all 
wars, big or small, declared in so many words or not--most weren't, 
even then--had to be legislatively authorized.''
  And in a footnote, Professor Ely then gives us the citations to 
Supreme Court cases at the time of the Founders from Justice Bushrod 
Washington:
  ``The early cases insisted on congressional authorization without 
pausing to evaluate the size of the conflict,'' citing the 1800 opinion 
in Bas v. Tingy: ``Every contention by force, between two nations, in 
external matters, under the authority of their respective governments, 
is not only war, but public war.'' And similarly the Supreme Court 
opinions in Talbot v. Seeman, 1801, and Little v. Barreme in 1804.
  Mr. Chairman, I conclude by commending the gentleman from Colorado 
for his insistence throughout this appropriation process on the 
constitutional prerogatives of the House and the other body, not for 
the sake of any one of us but for the sake of the people whom we 
represent that war not be fought without the express up-front approval 
of the Congress.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:
       Sec. 8100. (a) Ensuring Year 2000 Compliance of Information 
     Technology and National Security Systems.--(1) None of the 
     funds appropriated or otherwise made available by this Act 
     may (except as provided in paragraph (2)) be obligated or 
     expended on the development or modernization of any 
     information technology or national security system of the 
     Department of Defense in use by the Department of Defense 
     (whether or not the system is a mission critical system) if 
     that system does not meet certification level 1a, 1b, or 2 
     (as prescribed in the April 1997 publication of the 
     Department of Defense entitled ``Year 2000 Management 
     Plan'').
       (2) The limitation in paragraph (1) does not apply to an 
     obligation or expenditure--
       (A) that is directly related to ensuring that a system 
     achieves year 2000 compliance;
       (B) for a system that is being developed and fielded to 
     replace before January 1, 2000, a noncompliant system or a 
     system to be terminated in accordance with the May 1998 
     Department of Defense quarterly report on the status of year 
     2000 compliance; or
       (C) for a particular change that is specifically required 
     by law or that is specifically directed by the Secretary of 
     Defense.
       (b) Unallocated Reductions of Funds Not To Apply to Mission 
     Critical Systems.--Funds appropriated or otherwise made 
     available by this Act for mission critical systems are not 
     subject to any unallocated reduction of funds made by or 
     otherwise applicable to funds provided in this Act.
       (c) Current Services Operations Not Affected.--Subsection 
     (a) does not prohibit the obligation or expenditure of funds 
     for current services operations of information technology and 
     national security systems.
       (d) Waiver Authority.--The Secretary of Defense may waive 
     subsection (a) on a case-

[[Page H5249]]

     by-case basis with respect to an information technology or 
     national security system if the Secretary provides the 
     congressional defense committees with written notice of the 
     waiver, including the reasons for the waiver and a timeline 
     for the testing and certification of the system as year 2000 
     compliant.
       (e) Required Report.--(1) Not later than December 1, 1998, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report describing--
       (A) an executable strategy to be used throughout the 
     Department of Defense to test information technology and 
     national security systems for year 2000 compliance (to 
     include functional capability tests and military exercises);
       (B) the plans of the Department of Defense for ensuring 
     that adequate resources (such as testing facilities, tools, 
     and personnel) are available to ensure that all mission 
     critical systems achieve year 2000 compliance; and
       (C) the criteria and process to be used to certify a system 
     as year 2000 compliant.
       (2) The report shall also include--
       (A) an updated list of all mission critical systems; and
       (B) guidelines for developing contingency plans for the 
     functioning of each information technology or national 
     security system in the event of a year 2000 problem in any 
     such system.
       (f) Capability Contingency Plans.--Not later than December 
     30, 1998, the Secretary of Defense shall have in place 
     contingency plans to ensure continuity of operations for 
     every critical mission or function of the Department of 
     Defense that is dependent on an information technology or 
     national security system.
       (g) Inspector General Evaluation.--The Inspector General of 
     the Department of Defense shall selectively audit information 
     technology and national security systems certified as year 
     2000 compliant to evaluate the ability of systems to 
     successfully operate during the actual year 2000, including 
     the ability of the systems to access and transmit information 
     from point of origin to point of termination.
       (h) Definitions.--For purposes of this section:
       (1) The term ``information technology'' has the meaning 
     given that term in section 5002 of the Clinger-Cohen Act of 
     1996 (40 U.S.C. 1401).
       (2) The term ``national security system'' has the meaning 
     given that term in section 5142 of such Act (40 U.S.C. 1452).
       (3) The term ``development or modernization'' has the 
     meaning given that term in paragraph E of section 180203 of 
     the Department of Defense Financial Management Regulation 
     (DOD 7000.14-R), but does not include any matter covered by 
     subparagraph 3 of that paragraph.
       (4) The term ``current services'' has the meaning given 
     that term in paragraph C of section 180203 of the Department 
     of Defense Financial Management Regulation (DOD 7000.14-R).
       (5) The term ``mission critical system'' means an 
     information technology or national security system that is 
     designated as mission critical in the May 1998 Department of 
     Defense quarterly report on the status of year 2000 
     compliance.
       Sec. 8101. (a) Plan for Simulation of Year 2000 in Military 
     Exercises.--Not later than December 15, 1998, the Secretary 
     of Defense shall submit to Congress a plan for the execution 
     of a simulated year 2000 as part of military exercises 
     described in subsection (c) in order to evaluate, in an 
     operational environment, the extent to which information 
     technology and national security systems involved in those 
     exercises will successfully operate during the actual year 
     2000, including the ability of those systems to access and 
     transmit information from point of origin to point of 
     termination.
       (b) Evaluation of Compliance in Selected Exercises.--In 
     conducting the military exercises described in subsection 
     (c), the Secretary of Defense shall ensure that at least 25 
     of those exercises (referred to in this section as ``Year 
     2000 simulation exercises'') are conducted so as to include a 
     simulated year 2000 in accordance with the plan submitted 
     under subsection (a). The Secretary of Defense shall ensure 
     that at least two of those exercises are conducted by the 
     commander of each unified or specified combatant command.
       (c) Covered Military Exercises.--A military exercise 
     referred to in subsections (a) and (b) is a military exercise 
     conducted by the Department of Defense, during the period 
     beginning on January 1, 1999, and ending on September 30, 
     1999--
       (1) under the training exercises program known as the 
     ``CJCS Exercise Program'';
       (2) at the Naval Strike and Air Warfare Center, the Army 
     National Training Center, or the Air Force Air Warfare 
     Center; or
       (3) as part of Naval Carrier Group fleet training or Marine 
     Corps Expeditionary Unit training.
       (d) Authority for Exclusion of Systems Not Capable of 
     Performing Reliably in Year 2000 Simulation.--(1) In carrying 
     out a Year 2000 simulation exercise, the Secretary of Defense 
     may exclude a particular information technology or national 
     security system from the year 2000 simulation phase of the 
     exercise if the Secretary determines that the system would be 
     incapable of performing reliably during the year 2000 
     simulation phase of the exercise. In such a case, the system 
     excluded shall be replaced in accordance with the year 2000 
     contingency plan for the system.
       (2) If the Secretary of Defense excludes an information 
     technology or national security system from the year 2000 
     simulation phase of an exercise as provided in paragraph (1), 
     the Secretary shall notify Congress of that exclusion not 
     later than two weeks before commencing that exercise. The 
     notice shall include a list of each information technology or 
     national security system excluded from the exercise, a 
     description of how the exercise will use the year 2000 
     contingency plan for each such system, and a description of 
     the effect that continued year 2000 noncompliance of each 
     such system would have on military readiness.
       (3) An information technology or national security system 
     with cryptological applications that is not capable of having 
     its internal clock adjusted forward to a simulated later time 
     is exempt from the year 2000 simulation phase of an exercise 
     under this section.
       (e) Definitions.--For the purposes of this section:
       (1) The term ``information technology'' has the meaning 
     given that term in section 5002 of the Clinger-Cohen Act of 
     1996 (40 U.S.C. 1401).
       (2) The term ``national security system'' has the meaning 
     given that term in section 5142 of such Act (40 U.S.C. 1452).
       Sec.   . During the current fiscal year and hereafter, no 
     funds appropriated or otherwise available to the Department 
     of Defense may be used to award a contract to, extend a 
     contract with, or approve the award of a subcontract to any 
     person who within the preceding 15 years has been convicted 
     under section 704 of title 18, United States Code, of the 
     unlawful manufacture or sale of the Congressional Medal of 
     Honor.

  Mr. YOUNG of Florida (during the reading.) Mr. Chairman, I ask 
unanimous consent that the remainder of the bill through page 116, line 
22, be considered as read, printed in the Record, and open to amendment 
at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  The CHAIRMAN. Are there any amendments to that portion of the bill?
  Mr. SANDERS. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I had an amendment at the desk, but I am not going to 
offer that. Instead, I would like to enter into a colloquy with the 
gentleman from Florida (Mr. Young), chairman of the Subcommittee on 
National Security.
  Mr. Chairman, as the gentleman is aware, the National Guard Starbase 
program, which has reached almost 200,000 children, is a community-
based National Guard program that helps kids in grades 4 through 6 
learn hands-on with Guard pilots and technicians. This public school 
outreach program boosts kids' learning and test scores in math, 
science, and technology applications. At the same time, Starbase 
stresses the prevention of drug abuse and builds understanding of self-
esteem, goal-setting and teamwork. Unfortunately, as the gentleman is 
aware, this important project did not receive funding in the Defense 
appropriations bill.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. SANDERS. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. I would say to the gentleman that yes, I am 
aware of the program, and the gentleman from Vermont is correct that 
the committee was not able to fund the Starbase program in this bill, 
due to the lack of authorization.
  Mr. SANDERS. This in my view is very unfortunate, but I am hopeful 
that the gentleman will work to support the National Guard Starbase 
program in conference and bring the funding level to the $6 million 
appropriated in the other body.
  Mr. YOUNG of Florida. If the gentleman will yield further, again I 
thank the gentleman from Vermont for his efforts to secure funding for 
this program and assure the gentleman that I will do my best to match 
the level appropriated in the Senate.
  Mr. SANDERS. I thank the gentleman for his commitment. I see that the 
gentleman from South Dakota (Mr. Thune), a strong supporter of the 
Starbase program, is also on the floor.
  I yield to the gentleman from South Dakota.
  Mr. THUNE. Mr. Chairman, I thank the gentleman from Vermont for 
bringing this important matter forward. I would also like to thank the 
gentleman from Florida (Mr. Young), the chairman of the Subcommittee on 
National Security, for the excellent leadership

[[Page H5250]]

that he and the Committee on Appropriations have taken in matters 
regarding our Nation's defense. Additionally, I would like to thank the 
gentleman from Florida for his willingness to work with the gentleman 
from Vermont and me to ensure this important National Guard program is 
funded. I would just simply ask a question of the distinguished 
chairman. Am I correct in restating that the gentleman is committed to 
match the level of funding found in the Senate Defense appropriations 
bill for the Starbase program?
  Mr. YOUNG of Florida. If the gentleman from Vermont will yield 
further, I would respond to the gentleman from South Dakota and thank 
him for his interest in this program and say yes, I am committed to 
working with both gentlemen to secure funding for the program. I would 
also like to thank the gentleman from South Dakota for his attention to 
defense of our Nation and also for his efforts in working with the 
gentleman from Vermont to bring this matter to the attention of the 
committee.
  Mr. THUNE. Again I thank the distinguished gentleman. As the 
gentleman knows, the National Guard Starbase program is an important 
initiative in my State of South Dakota. This program is strongly 
supported by the South Dakota National Guard and teachers all across my 
great State. It has impacted the lives of students and Guard personnel 
alike. We all recognize the importance of encouraging students to enter 
into the fields of science and math in our country. This program 
bolsters those efforts by reaching over 200,000 students across this 
country. The $6 million allocation would be a very small investment in 
a program that has shown great returns in the education of our Nation's 
youth. I am pleased that the gentleman from Florida and the gentleman 
from Vermont are working with me on this matter.
  Mr. SANDERS. Mr. Chairman, I thank the gentleman from South Dakota 
for his comments.
  Mr. Chairman, the Starbase program is a chance for Members in the 
House to support their National Guard and to fund an educational 
program that represents just the kind of policy initiatives we need in 
this country. It is endorsed by the National Guard Association of the 
United States and cosponsored by the gentleman from South Dakota (Mr. 
Thune), the gentleman from Michigan (Mr. Bonior) and the gentleman from 
Texas (Mr. Bentsen). I would just conclude by thanking the gentleman 
from Florida very much and the other Members for their support for this 
important initiative.


                    Amendment Offered by Mr. Bentsen

  Mr. BENTSEN. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Bentsen:
       At the end of the bill (preceding the short title), insert 
     the following:
       Sec. ____. None of the funds appropriated or otherwise made 
     available by this Act may be used for the transportation into 
     the United States of polychlorinated biphenyls manufactured 
     outside the United States and owned by the Department of 
     Defense except as provided for in section 6(e) of the Toxic 
     Substances Control Act (15 U.S.C. 2605(e)).

  Mr. BENTSEN (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Texas?
  There was no objection.
  Mr. BENTSEN. Mr. Chairman, I rise to offer an amendment to ensure 
that the Department of Defense complies with all the rules and 
regulations of the Toxic Substances Control Act. This amendment 
prohibits the Defense Department from using any funds appropriated by 
this act to transport into the United States polychlorinated biphenyls 
manufactured outside the United States and owned by the Department of 
Defense, except as provided for in section 6(e) of the Toxic Substances 
Control Act.
  This amendment is necessary because the Department of Defense (DoD) 
has had language inserted in the Senate Defense Authorization bill that 
would allow for the unfettered importation of PCBs into the United 
States. Similar language was initially inserted in the House version of 
the bill, but it was subsequently deleted. This amendment prohibits the 
DoD from turning our nation into the world's chemical wastebasket 
through the transportation of foreign-produced PCB waste into the 
United States for permanent disposal.
  Because of serious environmental and public health hazards associated 
with PCBs, Congress in 1976 banned both their manufacture and 
importation under TSCA. PCBs are a dangerous class of chemicals that 
collect in the body and cause a range of adverse health effects 
including cancer, reproductive damage, and birth defects. When 
incinerated, PCBs release dioxin--one of the most toxic chemicals 
known. PCBs accumulate in the environment and move towards the top of 
the food chain, contaminating fish, birds, and ultimately humans. They 
are the only chemicals Congress designated for phase-out under TSCA.
  The language in Section 321 of the Senate Defense Authorization bill, 
S. 2060, would overturn over twenty years of sound environmental law 
recently affirmed by the 9th Federal Circuit Court and jeopardize the 
health and safety of Americans by allowing the importation of foreign-
produced PCBs. Further, this change has never been reviewed by the 
Commerce Committee, which has jurisdiction over TSCA. The DoD has 
demonstrated a clear lack of good environmental judgement as 
underscored by several recent articles in the Baltimore Sun documenting 
the hazardous and environmentally unsound techniques being used to 
dismantle decommissioned U.S. Navy ships. The DoD allowed unscrupulous 
salvage operators to dismantle U.S. Navy ships without proper 
environmental controls or worker protections. Asbestos was removed by 
workers who were not provided respirators and then disposed of by 
heaving it over the side of ship into the water. I believe it is unwise 
to allow the DoD to continue to make or alter environmental policy 
without proper oversight from Congress.
  My amendment also reaffirms the unanimous 1997 ruling by the Ninth 
Circuit U.S. Court of Appeals that a similar attempt by EPA to allow 
the importation of PCBs had violated TSCA. Chief Judge Proctor Hug 
wrote, ``EPA lacked the statutory authority to promulgate the Import 
Rule, which violates the PCB manufacture ban contained in the Toxic 
Substances Control Act.''
  It is important to note that current law already provides an 
exemption that allows the DoD to return PCB waste to the United States 
if such PCBs were purchased in the United States, shipped to an 
overseas military base, have been continuously under U.S. control, and 
now need to be returned for disposal. This exemption ensures that any 
PCBs exported from the United States to one of our military 
installations abroad can be returned.
  Mr. Chairman, the DoD does not have any legitimate reasons for 
wanting to overturn the ban on the importation of PCBs. They are trying 
to slip in this change without prior Congressional review and approval. 
I urge my colleagues to support my amendment so that the House can 
express its position on this issue and the United States can be 
protected from becoming a toxic waste dump for the world.
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. BENTSEN. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, we are anxious to accept the gentleman's 
amendment and appreciate his work in this area.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. BENTSEN. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. Mr. Chairman, we agree that the Department of 
Defense should follow the law and obey the law. We appreciate the 
gentleman calling this to the attention of the House. We accept the 
amendment.
  Mr. BENTSEN. Mr. Chairman, I want to thank the chairman and the 
ranking member both for this and for their work on the DREAMS project 
which they have funded in this bill which is in my district.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Bentsen).
  The amendment was agreed to.


                 Amendment No. 1 Offered by Mr. Sanders

  Mr. SANDERS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Sanders:
       At the end of title VIII (page ____, after line ____), 
     insert the following new section:
       Sec.   . None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into or renew a 
     contract wit any company owned, or partially owned, by the 
     People's Republic of China or the People's Liberation Army of 
     the People's Republic of China.

  Mr. SANDERS. Mr. Chairman, my amendment sponsored by the gentleman 
from New Jersey (Mr. Smith), the gentleman from New York (Mr. Hinchey) 
and the gentlewoman from

[[Page H5251]]

Florida (Mrs. Fowler) is very simple and straightforward. It bans the 
Department of Defense from buying products from Chinese state-owned 
companies as well as companies owned by the People's Liberation Army.
  Mr. Chairman, I think that it might come as a surprise to many 
Members of this body that the Defense Department now builds the B-2 
bomber with parts made by a company owned by the People's Republic of 
China.
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. SANDERS. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, I know the gentleman has discussed this 
with me and a number of members of the subcommittee. We appreciate his 
bringing this to our attention. We certainly accept it on our side of 
the aisle.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. SANDERS. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. Mr. Chairman, I appreciate the fact that the 
gentleman discussed this amendment with me several days ago. We agree 
and accept the amendment.
  Mr. SMITH of New Jersey. Mr. Chairman, will the gentleman yield?
  Mr. SANDERS. I yield to the gentleman from New Jersey.
  (Mr. SMITH of New Jersey asked and was given permission to revise and 
extend his remarks.)
  Mr. SMITH of New Jersey. Mr. Chairman, I want to commend the 
gentleman, and I am proud to be a cosponsor of the amendment. We should 
have nothing to do with the oppressive PLA. Making them part of the 
defense procurement process in this country is patently absurd. I thank 
the gentleman for his amendment.
  I would like to thank my good friend, Representative Sanders, for 
taking the initiative in preparing this amendment, of which I am a 
proud cosponsor. This amendment simply requires that companies owned by 
the People's Republic of China and its People's Liberation Army not be 
allowed to profit from contracts with the United States Department of 
Defense.
  Over the past several years, the Chinese dictatorship and its 
military enforcer, the People's Liberation Army, have begun turning a 
profit using a vast web of state-owned companies and surrogate 
entities. These commercial entities are involved with everything from 
arms sales to hotel management, and are an important source of 
clandestine revenue for the Beijing regime.
  The billions of dollars and technological know-how gained by these 
commercial ventures are helping to underwrite a massive, surreptitious 
modernization of the Chinese armed forces. Although the Chinese 
government claims that it spent only $11 billion on its armed forces 
last year, the U.S. Arms Control and Disarmament Agency estimates that 
the actual figure is nearly six times that amount. Because the revenue 
generated by PRC and PLA-owned enterprises is not publicly disclosed or 
included in the Chinese government's declared budget, we cannot be 
certain of its extent. But responsible estimates by international 
experts reach into the billions of dollars.
  The Sanders-Smith amendment is important to the struggle for human 
rights. The People's Republic of China and the PLA still defiantly 
refuse to face the truth about their massacre of hundreds of peaceful 
democracy advocates in Tiananmen Square nine years ago this month. The 
PLA is engaged in the brutal occupation of Tibet, the repression of 
religious free exercise, and the sale of human organs from executed 
prisoners. The Chinese government uses forced abortion and 
sterilization as an officially sanctioned component of its population 
control program. According to testimony provided by my Subcommittee on 
numerous occasions, state-owned entities are also exploiting slave 
labor in the Chinese loagai. Our Defense Department must not enrich and 
empower the repressive forces of the Chinese government.
  The Sanders-Smith amendment is also justified by strategic concerns:
  Chinese state-owned companies routinely engage in destabilizing 
activities, such as the sale of weapons--sometimes including weapons of 
mass destruction--to countries such as Iran, Burma, Pakistan, and Saudi 
Arabia. And PLA-owned companies have been caught smuggling weapons into 
the United States. A 1996 FBI sting operation intercepted 2,000 AK-47 
machine guns apparently intended for use by terrorists or other violent 
criminals.
  PLA and PRC-owned enterprises are also procuring cutting-edge 
technology--such as supercomputers and advanced telecommunications 
equipment--that can be put to military use. Because these companies 
ostensibly use such technology for commercial purposes, they are often 
not subject to the export controls that would be imposed on military 
transfers. An essay by Chinese General Ding Henggao [DING heng-GOW], 
translated by the Pentagon, confirms that China is actively pursuing 
``possible transfers from commercial technology to defense use.''
  Against this background, the Sanders-Smith amendment deserves 
universal, bipartisan support. It merely states that the United States 
Department of Defense must take care not to subsidize the Chinese 
military by awarding contracts to PLA and PRC-owned enterprises. 
American security and American ideals demand no less.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Vermont (Mr. Sanders).
  The amendment was agreed to.
  The CHAIRMAN. The Clerk will read the final lines of the bill.
  The Clerk read as follows:

       This Act may be cited as the ``Department of Defense 
     Appropriations Act, 1999''.

  The CHAIRMAN. If there are no further amendments, under the rule the 
Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Smith of New Jersey) having assumed the chair, Mr. Camp, Chairman of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
4103) making appropriations for the Department of Defense for the 
fiscal year ending September 30, 1999, and for other purposes, pursuant 
to House Resolution 484, he reported the bill, as amended pursuant to 
that rule, back to the House with further sundry amendments adopted by 
the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Pursuant to clause 7 of rule XV, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 358, 
nays 61, not voting 14, as follows:

                             [Roll No. 266]

                               YEAS--358

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Archer
     Armey
     Bachus
     Baker
     Baldacci
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bentsen
     Bereuter
     Berman
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Bryant
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cannon
     Capps
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Condit
     Cook
     Cooksey
     Costello
     Cox
     Cramer
     Crapo
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (VA)
     Deal
     DeGette
     DeLauro
     DeLay
     Diaz-Balart
     Dickey
     Dicks
     Dixon
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fawell
     Fazio
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Fox
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green
     Greenwood
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Hefley
     Hefner
     Herger
     Hill
     Hilleary
     Hilliard
     Hinojosa
     Hobson
     Holden
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Kanjorski
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kim
     King (NY)
     Kingston
     Klink
     Klug
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Lantos
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)

[[Page H5252]]


     Lewis (KY)
     Linder
     Livingston
     LoBiondo
     Lowey
     Lucas
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McHale
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Mink
     Moakley
     Mollohan
     Moran (KS)
     Moran (VA)
     Murtha
     Myrick
     Neal
     Nethercutt
     Neumann
     Ney
     Northup
     Norwood
     Nussle
     Ortiz
     Oxley
     Packard
     Pallone
     Pappas
     Parker
     Pascrell
     Pastor
     Paxon
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rangel
     Redmond
     Regula
     Reyes
     Riggs
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Ryun
     Sabo
     Salmon
     Sanchez
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Schumer
     Scott
     Serrano
     Sessions
     Shadegg
     Shaw
     Sherman
     Shimkus
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Smith, Adam
     Smith, Linda
     Snowbarger
     Snyder
     Solomon
     Souder
     Spence
     Spratt
     Stabenow
     Stearns
     Stenholm
     Stokes
     Strickland
     Stump
     Stupak
     Sununu
     Talent
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thompson
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Torres
     Traficant
     Turner
     Visclosky
     Walsh
     Wamp
     Waters
     Watkins
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     White
     Whitfield
     Wicker
     Wise
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--61

     Barrett (WI)
     Becerra
     Berry
     Brown (CA)
     Brown (OH)
     Campbell
     Conyers
     Coyne
     Davis (IL)
     DeFazio
     Delahunt
     Deutsch
     Doggett
     Ehlers
     Fattah
     Filner
     Frank (MA)
     Franks (NJ)
     Furse
     Gutierrez
     Hinchey
     Hoekstra
     Hooley
     Jackson (IL)
     Johnson (WI)
     Kind (WI)
     Kleczka
     Kucinich
     Lee
     Lofgren
     Luther
     McDermott
     McGovern
     McKinney
     Meeks (NY)
     Miller (CA)
     Minge
     Morella
     Nadler
     Oberstar
     Obey
     Olver
     Owens
     Paul
     Payne
     Petri
     Rahall
     Ramstad
     Royce
     Rush
     Sanders
     Sanford
     Sensenbrenner
     Shays
     Stark
     Towns
     Upton
     Velazquez
     Vento
     Watt (NC)
     Woolsey

                             NOT VOTING--14

     Baesler
     Crane
     Dingell
     Frelinghuysen
     Gonzalez
     Hamilton
     Kaptur
     LaFalce
     Lipinski
     Manton
     Markey
     McDade
     Wolf
     Yates

                              {time}  2007

  Mr. HOEKSTRA changed his vote from ``yea'' to ``nay.''
  Mr. PICKERING and Ms. RIVERS changed their vote from ``nay'' to 
``yea.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________