[105th Congress Public Law 262]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ262.105]


[[Page 112 STAT. 2279]]

Public Law 105-262
105th Congress

                                 An Act


 
Making appropriations for the Department of Defense for the fiscal year 
  ending September 30, 1999, and for other purposes. <<NOTE: Oct. 17, 
                         1998 -  [H.R. 4103]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Defense Appropriations Act, 1999.>>  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; $20,841,687,000.

                        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; $16,570,754,000.

                    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

[[Page 112 STAT. 2280]]

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; $6,263,387,000.

                      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; 
$17,211,987,000.

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund; 
$2,167,052,000.

                         Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department of 
Defense Military Retirement Fund; $1,426,663,000.

                     Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing reserve training, 
or while performing drills or equivalent

[[Page 112 STAT. 2281]]

duty, and for members of the Marine Corps platoon leaders class, and 
expenses authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military Retirement Fund; 
$406,616,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, 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; 
$852,324,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 12301(d) 
of title 10 or section 502(f ) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund; 
$3,489,987,000.

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or 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; 
$1,377,109,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law;

[[Page 112 STAT. 2282]]

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; $17,185,623,000 and, in 
addition, $50,000,000 shall be derived by transfer from the National 
Defense Stockpile Transaction Fund: Provided, That of the funds 
appropriated in this paragraph, not less than $355,000,000 shall be made 
available only for conventional ammunition care and maintenance.

                     Operation and Maintenance, Navy

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $5,360,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes; 
$21,872,399,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund.

                 Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law; 
$2,578,718,000.

                  Operation and Maintenance, Air Force

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,968,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes; $19,021,045,000 and, in 
addition, $50,000,000 shall be derived by transfer from the National 
Defense Stockpile Transaction Fund.

                 Operation and Maintenance, Defense-Wide

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law; 
$10,914,076,000, of which not to exceed $25,000,000 may be available for 
the CINC initiative fund account; and of which not to exceed $29,000,000 
can be used for emergencies and extraordinary expenses, to be expended 
on the approval or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential military 
purposes: Provided, That of the funds appropriated under this heading, 
$10,000,000 shall be made available only for use in federally owned 
educational facilities located on military installations for the purpose 
of transferring title of such facilities to the local educational 
facilities.

[[Page 112 STAT. 2283]]

                 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; $1,202,622,000.

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications; $957,239,000.

             Operation and Maintenance, 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; $117,893,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,747,696,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, 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); $2,678,015,000: 
Provided, <<NOTE: Deadline Reports.>> 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.

[[Page 112 STAT. 2284]]

              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; $3,106,933,000.

              Overseas Contingency Operations Transfer Fund

                      (including transfer of funds)

    For expenses directly relating to Overseas Contingency Operations by 
United States military forces; $439,400,000, to remain available until 
expended: Provided, That the Secretary of Defense may transfer these 
funds only to operation and maintenance accounts within this title, and 
to working capital funds: Provided further, That the funds transferred 
shall be merged with and shall be available for the same purposes and 
for the same time period, as the appropriation to which transferred: 
Provided further, That the transfer authority provided in this paragraph 
is in addition to any other transfer authority contained elsewhere in 
this Act.

           United States Court of Appeals for the Armed Forces

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

                     Environmental Restoration, Army

                      (including transfer of funds)

    For the Department of the Army, $370,640,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That not more than 25 per centum of 
funds

[[Page 112 STAT. 2285]]

provided under this heading may be obligated for environmental 
remediation by the Corps of Engineers under total environmental 
remediation contracts.

                     Environmental Restoration, Navy

                      (including transfer of funds)

    For the Department of the Navy, $274,600,000, 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, $372,100,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made 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.

[[Page 112 STAT. 2286]]

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

    For the Department of the Army, $225,000,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, transfer 
the funds made 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); $50,000,000, to remain available until 
September 30, 2000.

                  Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 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; $440,400,000, to remain available until September 30, 2001: 
Provided, That of the amounts provided under this heading, $35,000,000 
shall be available only to support the dismantling and disposal of 
nuclear submarines and submarine reactor components in the Russian Far 
East.

                  Quality of Life Enhancements, Defense

    For expenses, not otherwise provided for, resulting from unfunded 
shortfalls in the repair and maintenance of real property of the 
Department of Defense (including military housing and barracks); 
$455,000,000, 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, $137,000,000;
            Navy, $121,000,000;
            Marine Corps, $27,000,000;
            Air Force, $108,000,000;
            Army Reserve, $26,000,000;
            Navy Reserve, $12,400,000;

[[Page 112 STAT. 2287]]

            Marine Corps Reserve, $7,600,000;
            Air Force Reserve, $6,000,000; and
            Air National Guard, $10,000,000.

                    Pentagon Renovation Transfer Fund

                      (including transfer of funds)

    For expenses, not otherwise provided for, resulting from the 
Department of Defense renovation of the Pentagon Reservation, 
$279,820,000 shall be derived by transfer from the Operation and 
Maintenance accounts in this Act, for renovation of the Pentagon 
Reservation, which shall remain available for obligation until September 
30, 2000, as follows:
            Army, $96,000,000;
            Navy, $32,087,000;
            Marine Corps, $9,513,000;
            Air Force, $52,200,000; and
            Defense-Wide, $90,020,000.

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; 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; $1,388,268,000, to remain available for obligation until 
September 30, 2001.

                        Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; 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; $1,226,335,000, to remain available for obligation until 
September 30, 2001.

[[Page 112 STAT. 2288]]

        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; $1,548,340,000, to 
remain available for obligation until September 30, 2001.

                     Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes; $1,065,955,000, to remain available for obligation until 
September 30, 2001.

                         Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of not to exceed 37 passenger motor vehicles for 
replacement only; and the purchase of 54 vehicles required for physical 
security of personnel, notwithstanding price limitations applicable to 
passenger vehicles but not to exceed $230,000 per vehicle; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; 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; $3,339,486,000, to 
remain available for obligation until September 30, 2001.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and

[[Page 112 STAT. 2289]]

construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; $7,541,709,000, to remain available 
for obligation until September 30, 2001.

                        Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; $1,211,419,000, to remain available for obligation 
until September 30, 2001.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private 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; $484,203,000, to remain available for obligation until 
September 30, 2001.

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; procurement of critical, long 
leadtime components and designs for vessels to be constructed or 
converted in the future; and expansion of public and private plants, 
including land necessary therefor, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to approval 
of title, as follows:
            NSSN, $1,498,165,000;
            NSSN (AP), $504,736,000;
            CVN-77 (AP), $124,515,000;
            CVN Refuelings (AP), $274,980,000;
            DDG-51 destroyer program, $2,667,078,000;
            DDG-51 destroyer program (AP), $7,396,000;
            LPD-17 amphibious transport dock ship, $638,780,000;
            LHD-8 (AP), $45,000,000;
            Oceanographic ship program, $60,341,000;
            LCAC landing craft air cushion program, $16,000,000; and

[[Page 112 STAT. 2290]]

            For craft, outfitting, post delivery, conversions, and first 
        destination transportation, $198,761,000;

In all: $6,035,752,000, to remain available for obligation until 
September 30, 2003: Provided, That additional obligations may be 
incurred after September 30, 2003, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the 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 1 vehicle required for physical security of 
personnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exceed $225,000 per vehicle; lease of passenger 
motor vehicles; expansion of public and private plants, including the 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and Government 
and contractor-owned equipment layaway; $4,072,662,000, to remain 
available for obligation until September 30, 2001.

                        Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, and 
accessories therefor; plant equipment, appliances, and machine tools, 
and installation thereof in public and private plants; reserve plant and 
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; $874,216,000, to remain available for obligation 
until September 30, 2001.

                     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

[[Page 112 STAT. 2291]]

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; $8,095,507,000, to remain 
available for obligation until September 30, 2001.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling 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; $2,069,827,000, 
to remain available for obligation until September 30, 2001.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and 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; $379,425,000, to remain available for obligation until 
September 30, 2001.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground 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 1 vehicle 
required for physical security of personnel, notwithstanding price 
limitations applicable to passenger vehicles but not to exceed $240,000 
per vehicle; lease of passenger motor vehicles; and expansion of public 
and private plants, Government-owned equipment and installation thereof 
in such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway; $6,960,483,000, to remain available for obligation until 
September 30, 2001.

                        Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments) necessary for

[[Page 112 STAT. 2292]]

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; 
$1,944,833,000, to remain available for obligation until September 30, 
2001.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $352,000,000, to remain available for 
obligation until September 30, 2001: 
Provided, <<NOTE: Deadlines. Reports.>> That the Chiefs of the Reserve 
and National Guard components shall, not later than 30 days after the 
enactment of this Act, individually submit to the congressional defense 
committees the modernization priority assessment for their respective 
Reserve or National Guard component.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment; $5,031,788,000, to 
remain available for obligation until September 30, 2000: Provided, That 
of the funds made available under this heading, $15,000,000 shall be 
available only to commence in fiscal year 1999 a live fire, side-by-side 
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, <<NOTE: Certification.>> That in conjunction with the 
development of a test plan, the Secretary of the Army shall certify 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 $15,000,000 provided will be used to develop 
        modifications to the Starstreak or the Stinger missiles; and
            (4) Both the Starstreak and Stinger missiles can be fired 
        from the AH-64D aircraft consistent with the survivability of 
        the aircraft and missile performance standards contained in the 
        Army's Air-to-Air Missile Capability Need Statement approved by 
        the Department of the Army in January 1997.

[[Page 112 STAT. 2293]]

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment; $8,636,649,000, to 
remain available for obligation until September 30, 2000: Provided, That 
funds appropriated in this paragraph which are available for the V-22 
may be used to meet unique requirements of the Special Operation Forces: 
Provided further, That notwithstanding 10 U.S.C. 2366, none of the funds 
made available under this heading may be used to conduct system-level 
live-fire shock tests on the SSN-21 class of submarines unless the 
Commander-in-Chief of the United States Atlantic Command certifies in 
writing to the congressional defense committees that such testing must 
be conducted to meet operational requirements for those submarines.

          Research, Development, Test and 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; $13,758,811,000, to 
remain available for obligation until September 30, 2000.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments), necessary for basic and applied 
scientific research, development, test and evaluation; advanced research 
projects as may be designated and determined by the Secretary of 
Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment; $9,036,551,000, to remain 
available for obligation until September 30, 2000: Provided, That not 
less than $310,446,000 of the funds made available under this heading 
shall be made available only for the Sea-Based Wide Area Defense (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; $258,606,000, to remain available for obligation 
until September 30, 2000.

[[Page 112 STAT. 2294]]

                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; $34,245,000, to remain available for obligation until 
September 30, 2000.

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For the Defense Working Capital Funds; $94,500,000.

                      National Defense Sealift Fund

                      (including transfer of funds)

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744); $708,366,000, to remain available until expended: 
Provided, That none of the funds provided in this 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.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law; 
$10,149,872,000, of which $9,727,985,000 shall be for Operation

[[Page 112 STAT. 2295]]

and maintenance, of which not to exceed 2 per centum shall remain 
available until September 30, 2000, of which $402,387,000, to remain 
available for obligation until September 30, 2001, shall be for 
Procurement, and of which $19,500,000, to remain available for 
obligation until September 30, 2000, shall be for Research, development, 
test and evaluation: Provided, That of the amounts made available under 
this heading for Operation and maintenance, not less than $25,000,000 
shall be only for breast cancer treatment and access to care.

             Chemical Agents and Munitions Destruction, Army

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents and 
munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile; $780,150,000, of which $491,700,000 shall be 
for Operation and maintenance, $115,670,000 shall be for Procurement to 
remain available until September 30, 2001, and $172,780,000 shall be for 
Research, development, test and evaluation to remain available until 
September 30, 2000: Provided, That of the funds available under this 
heading, $1,000,000 shall be available until expended each year only for 
a Johnston Atoll off-island leave program: Provided further, That the 
Secretaries concerned shall, pursuant to uniform regulations, prescribe 
travel and transportation allowances for travel by participants in the 
off-island leave program.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation; $735,582,000: Provided, That the funds 
appropriated under this heading shall be available for obligation for 
the same time period and for the same purpose as the appropriation to 
which transferred: Provided further, That the transfer authority 
provided in this paragraph is in addition to any transfer authority 
contained elsewhere in this Act.

                     Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended; $132,064,000, of which $130,764,000 shall be for Operation and 
maintenance, of which not to exceed $500,000 is available for 
emergencies and extraordinary expenses to be expended on the approval or 
authority of the Inspector General, and payments may be made on his 
certificate of necessity for confidential military purposes; and of 
which $1,300,000, to remain available until September 30, 2001, shall be 
for Procurement.

[[Page 112 STAT. 2296]]

                                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; $129,123,000, of which $30,290,000 for the Advanced Research 
and Development Committee shall remain available until September 30, 
2000: Provided, That of the funds appropriated under this heading, 
$27,000,000 shall be transferred to the Department of Justice for the 
National Drug Intelligence Center to support the Department of Defense's 
counter-drug intelligence 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; $25,000,000, to 
remain available until expended.

                 National Security Education Trust Fund

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

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002. <<NOTE: 10 USC 1584 note.>> 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,

[[Page 112 STAT. 2297]]

whichever is higher: Provided further, That this section shall not apply 
to Department of Defense foreign service national employees serving at 
United States diplomatic missions whose pay is set by the Department of 
State under the Foreign Service Act of 1980: Provided further, That the 
limitations of this provision shall not apply to foreign national 
employees of the 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 2 months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training of 
the Reserve Officers' Training Corps.

                           (transfer of funds)

    Sec. 8005. Upon determination by the 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 
$1,650,000,000 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, <<NOTE: Notification.>> 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 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

[[Page 112 STAT. 2298]]

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. <<NOTE: 10 USC 2306b note.>> None of the funds provided 
in this Act shall be available to initiate: (1) a multiyear contract 
that employs economic order quantity procurement in excess of 
$20,000,000 in any 1 year of the contract or that includes an unfunded 
contingent liability in excess of $20,000,000; or (2) a contract for 
advance procurement leading to a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in any 1 
year, unless the congressional defense committees have been notified at 
least 30 days in advance of the proposed contract award: Provided, That 
no part of any appropriation contained in this Act shall be available to 
initiate a multiyear contract for which the economic order 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:
            E-2C aircraft;
            Longbow Hellfire missile; and
            Medium Tactical Vehicle Replacement (MTVR).

    Sec. 8009. <<NOTE: 10 USC 401 note.>> 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. <<NOTE: Reports.>> 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, <<NOTE: Territories.>> 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

[[Page 112 STAT. 2299]]

Islands, the Marshall Islands, the Federated States of Micronesia, 
Palau, and Guam.

    Sec. 8010. (a) During fiscal year 1999, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) <<NOTE: Budget.>> 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 the enactment of this Act--
            (1) enlists in the armed services for a period of active 
        duty of less than three years; or
            (2) receives an enlistment bonus under section 308a or 308f 
        of title 37, United States Code,

nor shall any amounts representing the 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: <<NOTE: Applicability.>>  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

[[Page 112 STAT. 2300]]

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: <<NOTE: Applicability.>>  
Provided further, That this subsection applies only to active components 
of the Army.

    Sec. 8014. <<NOTE: Certification.>> None of the funds appropriated 
by this Act shall be available to convert to contractor performance an 
activity or function of the Department of Defense that, on or after the 
date of the enactment of this Act, is performed by more than ten 
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 and subsections (a), (b), and (c) of 10 U.S.C. 2461 
shall not apply to a commercial or industrial type function of the 
Department of Defense that: (1) is included on the procurement list 
established pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 
47), popularly referred to as the Javits-Wagner-O'Day Act; (2) is 
planned to be converted to performance by a qualified nonprofit agency 
for the blind or by a qualified nonprofit agency for other severely 
handicapped individuals in accordance with that Act; or (3) is planned 
to be converted to performance by a qualified firm under 51 per centum 
Native 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 112 STAT. 2301]]

    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, <<NOTE: Regulations.>> That this limitation does not 
apply in the case of inpatient mental health services provided under the 
program for the handicapped under subsection (d) of section 1079 of 
title 10, United States Code, provided as partial hospital care, or 
provided pursuant to a waiver authorized by the Secretary of Defense 
because of medical or psychological circumstances of the patient that 
are confirmed by a health professional who is not a Federal employee 
after a review, pursuant to rules prescribed by the Secretary, which 
takes into account the appropriate level of care for the patient, the 
intensity of services required by the patient, and the availability of 
that care.

    Sec. 8018. Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an annual 
meeting in the United States, under such regulations as the Secretary of 
Defense may prescribe.
    Sec. 8019. <<NOTE: 10 USC 2687 note.>> 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, <<NOTE: Reports.>> 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.

[[Page 112 STAT. 2302]]

    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. (a) In addition to the funds provided elsewhere in this 
Act, $8,000,000 is appropriated only for incentive payments authorized 
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That contractors participating in the test program established 
by section 854 of Public Law 101-189 (15 U.S.C. 637 note) shall be 
eligible for the program established by section 504 of the Indian 
Financing Act of 1974 (25 U.S.C. 1544).
    (b) Section 8024 of the Department of Defense Appropriations Act 
(Public Law 105-56) <<NOTE: 111 Stat. 1225.>> is amended by striking out 
``That these payments'' and all that follows through ``Provided 
further,''.

    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, 
        United States Code;
            (2) performs, for the purpose of providing military aid to 
        enforce the law or providing assistance to civil authorities in 
        the protection or saving of life or property or prevention of 
        injury--
                     (A) Federal service under sections 331, 332, 333, 
                or 12406 of title 10, or other provision of law, as 
                applicable; or
                     (B) full-time military service for his or her 
                State, the District of Columbia, the Commonwealth of 
                Puerto Rico, or a territory of the United States; and
            (3) requests and is granted--
                     (A) leave under the authority of this section; or
                     (B) annual leave, which may be granted without 
                regard to the provisions of sections 5519 and 6323(b) of 
                title 5, if such employee is otherwise entitled to such 
                annual leave:

[[Page 112 STAT. 2303]]

Provided, That any employee who requests leave under subsection (3)(A) 
for service described in subsection (2) of this section is entitled to 
such leave, subject to the provisions of this section and of the last 
sentence of section 6323(b) of title 5, and such leave shall be 
considered leave under section 6323(b) of title 5, United States Code.
    Sec. 8026. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of 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.

[[Page 112 STAT. 2304]]

    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 $23,497,000 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, except when acting in a technical 
advisory capacity, may be compensated for his or her services as a 
member of such entity, or as a paid consultant by more than one FFRDC in 
a fiscal year: Provided, That a member of any such entity referred to 
previously in this subsection shall be allowed travel expenses and per 
diem as 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 construction of new buildings, for payment of cost sharing for 
projects funded by government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 1999, not more than 6,206 
staff years of technical effort (staff years) may be funded for defense 
FFRDCs: Provided, That of the specific amount referred to previously in 
this subsection, not more than 1,105 staff years may be funded for the 
defense studies and analysis FFRDCs.
    (e) <<NOTE: Deadline. Reports.>> Within 60 days after the 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 5 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.

    (f ) <<NOTE: Reports.>> 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.

[[Page 112 STAT. 2305]]

    (g) Notwithstanding any other provision of law, the Secretary of 
Defense shall control the total number of staff years to be performed by 
defense FFRDCs during fiscal year 1999 so as to reduce the total amounts 
appropriated in titles II, III, and IV of this Act by $62,000,000: 
Provided, That the total amounts 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.
    (h) Notwithstanding any other provision of law, none of the 
reductions for advisory and assistance services contained in this Act 
shall be applied to defense FFRDCs.
    Sec. 8035. None of the funds 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 the 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, <<NOTE: Certification.>> 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. <<NOTE: 41 USC 10b-2.>> (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.

[[Page 112 STAT. 2306]]

    (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) <<NOTE: Reports.>> 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. <<NOTE: President. Budget. 10 USC 221 note.>> 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.

[[Page 112 STAT. 2307]]

    Sec. 8043. Notwithstanding any other provision of law, funds 
available for ``Drug Interdiction and Counter-Drug Activities, Defense'' 
may be obligated for the Young Marines program.
    Sec. 8044. During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act: Provided, <<NOTE: Reports.>> That none of the 
funds made available for expenditure under this section may be 
transferred or obligated until thirty days after the Secretary of 
Defense submits a report which details the balance available in the 
Overseas Military Facility Investment Recovery Account, all projected 
income into the account during fiscal years 1999 and 2000, and the 
specific expenditures to be made using funds transferred from this 
account during fiscal year 1999.

    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 investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) <<NOTE: Budget>> 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, <<NOTE: 50 USC 403u note.>> 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

[[Page 112 STAT. 2308]]

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. Of the funds appropriated by the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $8,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8051. Amounts collected for the use of the facilities of the 
National Science Center for Communications and Electronics during the 
current fiscal year pursuant to section 1459(g) of the Department of 
Defense Authorization Act, 1986, and deposited to the special account 
established under subsection 1459(g)(2) of that Act are appropriated and 
shall be available until expended for the operation and maintenance of 
the Center as provided for in subsection 1459(g)(2).
    Sec. 8052. None of the funds appropriated in this Act may be used to 
fill the commander's position at any military medical facility with a 
health care professional unless the prospective candidate can 
demonstrate professional administrative skills.
    Sec. 8053. (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. 8054. 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;
            (2) the purpose of the contract is to explore an unsolicited 
        proposal which offers significant scientific or technological

[[Page 112 STAT. 2309]]

        promise, represents the product of original thinking, and was 
        submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:

Provided, That this limitation shall not apply to contracts in an amount 
of less than $25,000, contracts related to improvements of equipment 
that is in development or production, or contracts as to which a 
civilian official of the Department of Defense, who has been confirmed 
by the Senate, determines that the award of such contract is in the 
interest of the national defense.
    Sec. 8055. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        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. 8056. Funds appropriated by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 1999 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 1999.
    Sec. 8057. Notwithstanding section 303 of Public Law 96-487 or any 
other provision of law, the Secretary of the Navy is authorized to lease 
real and personal property at Naval Air Facility, Adak, Alaska, pursuant 
to 10 U.S.C. 2667(f ), for commercial, industrial or other purposes: 
Provided, That notwithstanding any other provision of law, the Secretary 
of the Navy may remove hazardous materials from facilities, buildings, 
and structures at Adak, Alaska, and may demolish or otherwise dispose of 
such facilities, buildings, and structures.

                              (rescissions)

    Sec. 8058. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded as of the 
date of the enactment of this Act from the following accounts and 
programs in the specified amounts:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1988/2001'':
                    TRIDENT ballistic missile submarine program, 
                $3,062,696;
                    SSN-688 attack submarine program, $8,146,796;
                    CG-47 cruiser program, $4,000,000;
                    LSD-41 cargo variant ship program, $256,141;
                    LHD-1 amphibious assault ship program, $505,938;
                    For craft, outfitting, and post delivery, 
                $3,459,756;

[[Page 112 STAT. 2310]]

            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1989/2000'':
                    TRIDENT ballistic missile submarine program, 
                $2,750,679;
                    SSN-688 attack submarine program, $5,663,109;
                    AO conversion program, $881,619;
                    T-AGOS surveillance ship program, $1,989,383;
                    T-AO fleet oiler program, $3,451,287;
                    MHC coastal mine hunter program, $150,000;
                    For craft, outfitting, and post delivery, 
                $2,521,413;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1990/2002'':
                    TRIDENT ballistic missile submarine program, 
                $6,746,000;
                    LSD-41 cargo variant ship program, $8,701,615;
                    Aircraft carrier service life extension program, 
                $890,209;
                    For craft, outfitting, and post delivery, 
                $2,636,339;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1991/2001'':
                    Service craft program, $143,740;
                    LCAC landing craft air cushion program, $126,698;
                    For craft, outfitting, and post delivery, 
                $1,549,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1992/2001'':
                    For craft, outfitting, and post delivery, 
                $3,307,524;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1993/2002'':
                    For craft, outfitting, and post delivery, 
                $4,540,746.
            ``Missile Procurement, Air Force, 1997/1999'', $8,000,000;
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        1997/1998'', $67,000,000;
            ``Missile Procurement, Army, 1998/2000'', $12,800,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        1998/2000'', $6,700,000;
            ``Other Procurement, Army, 1998/2000'', $24,000,000;
            ``Weapons Procurement, Navy, 1998/2000'', $2,000,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 1998/
        2000'', $12,560,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1998/2002'':
                    CVN refuelings, $35,000,000;
            ``Other Procurement, Navy, 1998/2000'', $28,500,000;
            ``Aircraft Procurement, Air Force, 1998/2000'', $8,934,000;
            ``Missile Procurement, Air Force, 1998/2000'', $4,200,000;
            ``Procurement of Ammunition, Air Force, 1998/2000'', 
        $14,106,000;
            ``Other Procurement, Air Force, 1998/2000'', $3,508,000;
            ``Research, Development, Test and Evaluation, Navy, 1998/
        1999'', $20,500,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        1998/1999'', $17,620,000;
            ``National Defense Sealift Fund, Public Law 104-208'', 
        $65,000,000; and
            ``National Defense Sealift Fund, Public Law 104-61'', 
        $20,000,000.

[[Page 112 STAT. 2311]]

    Sec. 8059. 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. 8060. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to the 
Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
    Sec. 8061. During the current fiscal year, funds appropriated in 
this Act are available to compensate members of the National Guard for 
duty performed pursuant to a plan submitted by a 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. 8062. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Unified and Specified Commands 
and Defense Agencies shall be available for 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. 8063. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment 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. 8064. None of the funds appropriated in this Act may be 
transferred to or obligated from the Pentagon Reservation Maintenance 
Revolving Fund, unless the Secretary of Defense 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. 8065. <<NOTE: 10 USC 374 note.>> (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.

[[Page 112 STAT. 2312]]

    (b) <<NOTE: 50 USC 403f note.>> None of the funds available to the 
Central Intelligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any other department 
or agency of the United States except as specifically provided in an 
appropriations law.

                           (transfer of funds)

    Sec. 8066. 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. 8067. None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: 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. 8068. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa: Provided, That 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. 8069. None of the funds in this Act may be used to purchase any 
supercomputer which is not manufactured in the United States, unless the 
Secretary of Defense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire capability for 
national security purposes that is not available from United States 
manufacturers.
    Sec. 8070. Notwithstanding any other provision of law, the Naval 
shipyards of the United States shall be eligible to participate in any 
manufacturing extension program financed by funds appropriated in this 
or any other Act.
    Sec. 8071. Notwithstanding any other provision of law, each contract 
awarded by the Department of Defense during the current fiscal year for 
construction or service performed in whole or in part in a State which 
is not contiguous with another State and has an unemployment rate in 
excess of the national average rate of unemployment as determined by the 
Secretary of Labor, shall include a provision requiring the contractor 
to employ, for the purpose of performing that portion of the contract in 
such State that is not contiguous with another State, individuals who 
are residents of such State and who, in the case of any craft or trade, 
possess or would be able to acquire promptly the necessary skills:

[[Page 112 STAT. 2313]]

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. 8072. During the current fiscal year, the Army shall use the 
former George Air Force Base as the airhead for the National Training 
Center at Fort Irwin: Provided, That none of the funds in this Act shall 
be obligated or expended to transport Army personnel into Edwards Air 
Force Base for training rotations at the National Training Center.
    Sec. 8073. <<NOTE: Reports.>> (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. 8074. (a) Limitation on Transfer of Defense Articles and 
Services.--Notwithstanding any other provision of law, none of the funds 
available to the Department of Defense for the current fiscal year may 
be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in subsection 
(b) unless the congressional defense 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) <<NOTE: Applicability.>>  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

[[Page 112 STAT. 2314]]

                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how the 
                President proposes to provide funds for such 
                replacement.

    Sec. 8075. <<NOTE: Loans.>> To the extent authorized by subchapter 
VI of chapter 148 of title 10, United States Code, the Secretary of 
Defense shall issue loan guarantees in support of United States defense 
exports not otherwise provided for: Provided, That the total contingent 
liability of the United States for guarantees issued under the authority 
of this section may not exceed $15,000,000,000: Provided further, That 
the exposure fees charged and collected by the Secretary for each 
guarantee, shall be paid by the country involved and shall not be 
financed as part of a loan guaranteed by the United States: Provided 
further, <<NOTE: Reports.>> That the Secretary shall provide quarterly 
reports to the Committees on Appropriations, Armed Services and Foreign 
Relations of the Senate and the Committees on Appropriations, National 
Security and International Relations in the House of Representatives on 
the implementation of this program: Provided further, That amounts 
charged for administrative fees and deposited to the special account 
provided for under section 2540c(d) of title 10, shall be available for 
paying the costs of administrative expenses of the Department of Defense 
that are attributable to the loan guarantee program under subchapter VI 
of chapter 148 of title 10, United States Code.

    Sec. 8076. None of the funds available to the Department of Defense 
shall be obligated or expended to make a financial contribution to the 
United Nations for the cost of an United Nations peacekeeping activity 
(whether pursuant to assessment or a voluntary contribution) or for 
payment of any United States arrearage to the United Nations.
    Sec. 8077. None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of the 
        normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

    Sec. 8078. (a) None of the 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. 8079. None of the funds provided in title II of this Act for 
``Former Soviet Union Threat Reduction'' may be obligated or expended to 
finance housing for any individual who was a member of the military 
forces of the Soviet Union or for any individual who is or was a member 
of the military forces of the Russian Federation.

[[Page 112 STAT. 2315]]

                      (including transfer of funds)

    Sec. 8080. During the current fiscal year, no more than $10,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8081. <<NOTE: Applicability.>> 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. 8082. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in 
        the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.

                           (transfer of funds)

    Sec. 8083. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfers of funds: Provided, That the amounts 
transferred shall be available for the same purposes as the 
appropriations to which transferred, and for the same time period as the 
appropriation from which transferred: Provided further, That the amounts 
shall be transferred between the following appropriations in the amount 
specified:
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1988/2001'':

[[Page 112 STAT. 2316]]

                          TRIDENT ballistic missile submarine program, 
                      $2,674,000;
                          SSN-688 attack submarine program, $32,232,000;
                          CG-47 cruiser program, $10,886,000;
                          Carrier replacement program, $40,360,000;
                          LHD-1 amphibious assault ship program, 
                      $3,001,000;
                          LSD-41 cargo variant ship program, $790,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1995/2001'':
                          Carrier replacement program, $89,943,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1989/2000'':
                          TRIDENT ballistic missile submarine program, 
                      $3,028,000;
                          LHD-1 amphibious assault ship program, 
                      $2,153,000;
                          MHC coastal minehunter program, $1,298,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1995/2000'':
                          Carrier replacement program, $6,479,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1990/2002'':
                          TRIDENT ballistic missile submarine program, 
                      $10,796,000;
                          SSN-688 attack submarine program, $1,000,000;
                          DDG-51 destroyer program, $5,066,000;
                          LCAC landing craft, air cushioned program, 
                      $509,000;
                          MCM mine countermeasures ship program, 
                      $1,200,000;
                          AOE combat support ship program, $1,674,000;
                          AO(J) jumboized oiler program, $1,899,000;
                          Oceanographic research program, $394,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1995/2002'':
                          Carrier replacement program, $22,538,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1991/2001'':
                          DDG-51 destroyer program, $1,500,000;
                          LHD-1 amphibious assault ship program, 
                      $7,500,000;
                          LSD-41 cargo variant ship program, $1,227,000;
                          LCAC landing craft, air cushioned program, 
                      $392,000;
                          MHC coastal minehunter program, $2,400,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1991/2001'':
                          SSN-21 attack submarine program, $13,019,000;
            From:

[[Page 112 STAT. 2317]]

                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1992/2001'':
                          Prior year escalation, $52,934,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1991/2001'':
                          SSN-21 attack submarine program, $16,967,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1994/2001'':
                          MCS(C) mine warfare command and control ship 
                      program, $5,729,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1995/2001'':
                          DDG-51 destroyer program, $24,261,000;
                          Carrier replacement program, $5,977,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1993/2002'':
                          AOE combat support ship program, $7,753,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1995/2002'':
                          DDG-51 destroyer program, $7,753,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2000'':
                          SSN-21 attack submarine program, $26,526,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1995/2000'':
                          DDG-51 destroyer program, $368,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2000'':
                          DDG-51 destroyer program, $2,756,000;
                          LHD-1 amphibious assault ship program, 
                      $21,850,000;
                          Fast Patrol craft program, $345,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1997/2000'':
                          AGOR SWATH oceanographic research program, 
                      $1,207,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1998/2002'':
                          DDG-51(AP) destroyer program, $9,009,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1998/2002'':
                          DDG-51 destroyer program, $9,009,000.

    Sec. 8084. <<NOTE: Deadline. Reports.>> 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.

[[Page 112 STAT. 2318]]

    Sec. 8085. 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. 8086. The Secretary of Defense may waive reimbursement of the 
cost of conferences, seminars, courses of instruction, or similar 
educational activities of the Asia-Pacific Center for Security Studies 
for military officers and civilian officials of foreign nations if the 
Secretary determines that attendance by such personnel, without 
reimbursement, is in the national security interest of the United 
States: Provided, That costs for which reimbursement is waived pursuant 
to this subsection shall be paid from appropriations available for the 
Asia-Pacific Center.
    Sec. 8087. (a) Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau may permit the use of equipment of the 
National Guard Distance Learning Project by any person or entity on a 
space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the 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. 8088. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
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. 8089. During the current fiscal year, the amounts which are 
necessary for the operation and maintenance of the Fisher Houses 
administered by the Departments of the Army, the Navy, and the Air Force 
are hereby appropriated, to be derived from amounts which are available 
in the applicable Fisher House trust fund established under 10 U.S.C. 
2221 for the Fisher Houses of each such department.
    Sec. 8090. During the current fiscal year, refunds attributable to 
the use of the Government travel card by military personnel and civilian 
employees of the Department of Defense and refunds attributable to 
official 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. 8091. During the current fiscal year, not more than a total of 
$60,000,000 in withdrawal credits may be made by the Marine Corps Supply 
Management activity group of the Navy Working Capital Fund, Department 
of Defense Working Capital Funds,

[[Page 112 STAT. 2319]]

to the credit of current applicable appropriations of a Department of 
Defense activity in connection with the acquisition of critical low 
density repairables that are capitalized into the Navy Working Capital 
Fund.
    Sec. 8092. Notwithstanding 31 U.S.C. 3902, during the current fiscal 
year interest penalties may be paid by the Department of Defense from 
funds financing the operation of the military department or defense 
agency with which the invoice or contract payment is associated.
    Sec. 8093. <<NOTE: Budget. 10 USC 221 note.>> 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. 8094. None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory 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. 8095. <<NOTE: Budget. 10 USC 221 note.>> The budget of the 
President for fiscal year 2000 submitted to Congress pursuant to section 
1105 of title 31, United States Code, and each annual budget request 
thereafter, shall include budget activity groups (known as 
``subactivities'') in all appropriations accounts provided in this Act, 
as may be necessary, to separately identify all costs incurred by the 
Department of Defense to support the North Atlantic Treaty Organization 
and all Partnership For Peace programs and initiatives. The budget 
justification materials submitted to Congress in support of the budget 
of the Department of Defense for fiscal year 2000, and subsequent fiscal 
years, shall provide complete, detailed estimates for all such costs.

    Sec. 8096. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with a 
contractor that is subject to the reporting requirement set forth in 
subsection (d) of section 4212 of title 38, United States Code, but has 
not submitted the most recent report required by such subsection for 
1998 or a subsequent year.
    Sec. 8097. None of the 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. 8098. None of the funds appropriated or otherwise made 
available by this Act may be made available for the United States Man 
and the Biosphere Program, or related projects.
    Sec. 8099. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided

[[Page 112 STAT. 2320]]

in law if the Secretary determines that the application of the 
limitation with respect to that country would invalidate cooperative 
programs entered into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements for the 
procurement of defense items entered into under section 2531 of title 
10, United States Code, and the country does not discriminate against 
the same or similar defense items produced in the United States for that 
country.
    (b) <<NOTE: Applicability. Contracts.>> Subsection (a) applies with 
respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason other 
        than the application of a waiver granted under subsection (a).

    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under headings 
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 
8211, 8215, and 9404.
    Sec. 8100. Notwithstanding 31 U.S.C. 1552(a), of the funds provided 
in Department of Defense Appropriations Acts, not more than the 
specified amounts from the following accounts shall remain available for 
the payment of satellite on-orbit incentive fees until the fees are 
paid:
            ``Missile Procurement, Air Force, 1995/1997'', $20,978,000; 
        and
            ``Missile Procurement, Air Force, 1996/1998'', $16,782,400.

    Sec. 8101. None of the funds in this Act may be used by the National 
Imagery and Mapping Agency for mapping, charting, and geodesy activities 
unless contracts for such services are awarded in accordance with the 
qualifications based selection process in 40 U.S.C. 541 et seq. and 10 
U.S.C. 2855: Provided, That such agency may continue to fund existing 
contracts for such services for not more than 180 days from the date of 
the enactment of this Act: Provided 
further, <<NOTE: Notification.>> 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. 8102. Funds made available to the Civil Air Patrol in this Act 
under the heading ``Drug Interdiction and Counter-Drug Activities, 
Defense'' may be used for the Civil Air Patrol 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

[[Page 112 STAT. 2321]]

waive reimbursement from the Federal, State and local government 
agencies for the use of these funds.
    Sec. 8103. During fiscal year 1999, advance billing for services 
provided or work performed by the Working Capital Fund activities of the 
Department of the Air Force in excess of $100,000,000 is prohibited.
    Sec. 8104. The Secretary of Defense 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, <<NOTE: Deadline. Reports.>> That the Secretary shall report 
to Congress on the results of this review and present a detailed 
implementation and budget plan no later than July 30, 1999.

    Sec. 8105. Notwithstanding any other provision in this Act, the 
total amount appropriated in title II is hereby reduced by $70,000,000 
to reflect savings resulting from consolidations and personnel 
reductions as mandated in the Defense Reform Initiative.
    Sec. 8106. <<NOTE: Reports.>> The Secretary of Defense shall submit 
to the congressional defense committees an in-depth analysis comparing 
the cost of any proposed establishment or expansion of depot facilities 
by the Reserve Components to the cost of performing the same work at 
existing depot facilities or by the private sector: Provided, That for 
purposes of this section, the term ``depot level maintenance'' does not 
include General Support Level maintenance activities, Intermediate Level 
maintenance activities, or lower echelon maintenance activities.

    Sec. 8107. <<NOTE: 10 USC 1073 note.>> Notwithstanding any other 
provision of law, the TRICARE managed care support contracts in effect, 
or in final stages of acquisition as of September 30, 1998, may be 
extended for two years: Provided, That any such extension may only take 
place if the Secretary of Defense determines that it is in the best 
interest of the 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. 8108. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $400,600,000 
to reflect savings from revised economic assumptions, to be distributed 
as follows:
            ``Operation and Maintenance, Army'', $24,000,000;
            ``Operation and Maintenance, Navy'', $32,000,000;
            ``Operation and Maintenance, Marine Corps'', $4,000,000;
            ``Operation and Maintenance, Air Force'', $31,000,000;
            ``Operation and Maintenance, Defense-Wide'', $17,600,000;
            ``Operation and Maintenance, Army Reserve'', $2,000,000;
            ``Operation and Maintenance, Navy Reserve'', $2,000,000;
            ``Operation and Maintenance, Air Force Reserve'', 
        $2,000,000;
            ``Operation and Maintenance, Army National Guard'', 
        $4,000,000;

[[Page 112 STAT. 2322]]

            ``Operation and Maintenance, Air National Guard'', 
        $4,000,000;
            ``Drug Interdiction and Counter-Drug Activities, Defense'', 
        $2,000,000;
            ``Environmental Restoration, Army'', $1,000,000;
            ``Environmental Restoration, Navy'', $1,000,000;
            ``Environmental Restoration, Air Force'', $1,000,000;
            ``Environmental Restoration, Defense-Wide'', $1,000,000;
            ``Defense Health Program'', $36,000,000;
            ``Aircraft Procurement, Army'', $4,000,000;
            ``Missile Procurement, Army'', $4,000,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, 
        Army'', $4,000,000;
            ``Procurement of Ammunition, Army'', $3,000,000;
            ``Other Procurement, Army'', $9,000,000;
            ``Aircraft Procurement, Navy'', $22,000,000;
            ``Weapons Procurement, Navy'', $4,000,000;
            ``Procurement of Ammunition, Navy and Marine Corps'', 
        $1,000,000;
            ``Shipbuilding and Conversion, Navy'', $18,000,000;
            ``Other Procurement, Navy'', $12,000,000;
            ``Procurement, Marine Corps'', $2,000,000;
            ``Aircraft Procurement, Air Force'', $23,000,000;
            ``Missile Procurement, Air Force'', $7,000,000;
            ``Procurement of Ammunition, Air Force'', $1,000,000;
            ``Other Procurement, Air Force'', $17,500,000;
            ``Procurement, Defense-Wide'', $5,800,000;
            ``Chemical Agents and Munitions Destruction, Army'', 
        $3,000,000;
            ``Research, Development, Test and Evaluation, Army'', 
        $10,000,000;
            ``Research, Development, Test and Evaluation, Navy'', 
        $20,000,000;
            ``Research, Development, Test and Evaluation, Air Force'', 
        $39,000,000; and
            ``Research, Development, Test and Evaluation, Defense-
        Wide'', $26,700,000:

Provided, That these reductions shall be applied proportionally to each 
budget activity, activity group and subactivity group and each program, 
project, and activity within each appropriation account.
    Sec. 8109. <<NOTE: President. 50 USC 98d note.>> (a) Disposal of 
Certain Materials in National Defense Stockpile.--Subject to subsection 
(c), the President shall dispose of materials contained in the National 
Defense Stockpile and specified in the table in subsection (b) so as to 
result in receipts to the United States in the amount of $100,000,000 by 
the end of fiscal year 1999.

    (b) Disposal Quantities.--The total quantities of materials 
authorized for disposal by the President under subsection (a) may not 
exceed the amounts set forth in the following table:


[[Page 112 STAT. 2323]]



                     Authorized Stockpile Disposals
------------------------------------------------------------------------
   Material for disposal                              Quantity
------------------------------------------------------------------------
Beryllium Metal...........................  20 short tons
Chromium Ferroalloy.......................  25,000 short tons
Columbium Carbide Powder..................  21,372 pounds of contained
                                             Columbium
Diamond, Stones...........................  600,000 carats
Platinum..................................  100,000 troy ounces
Platinum--Palladium.......................  150,000 troy ounces
Tantalum Carbide Powder...................  22,688 pounds of contained
                                             Tantalum
Tantalum Metal Ingots.....................  25,000 pounds of contained
                                             Tantalum
Tantalum Metal Powder.....................  25,000 pounds of contained
                                             Tantalum
------------------------------------------------------------------------


    (c) Minimization of Disruption and Loss.--The President may not 
dispose of materials under subsection (a) to the extent that the 
disposal will result in--
            (1) undue disruption of the usual markets of producers, 
        processors, and consumers of the materials proposed for 
        disposal; or
            (2) avoidable loss to the United States.

    (d) Treatment of Receipts.--Notwithstanding section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds 
received as a result of the disposal of materials authorized for 
disposal under subsection (a) shall be deposited into the general fund 
of the Treasury.
    (e) Relationship to Other Disposal Authority.--(1) The disposal 
authority provided in subsection (a) is new disposal authority and is in 
addition to, and shall not affect, any other disposal authority provided 
by law regarding the materials specified in such subsection.
    (2) The disposal authority provided in subsection (a) is referred to 
in section 3303 of the National Defense Authorization Act for Fiscal 
Year 1999, and the quantities of the materials specified in the table in 
subsection (b) are included in the quantities specified in the table in 
subsection (b) of such section 3303.
    (f ) Definition.--In this section, the term ``National Defense 
Stockpile'' means the stockpile provided for in section 4 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).
    Sec. 8110. (a) Transfers of Vessels by Grant.--The 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).

[[Page 112 STAT. 2324]]

            (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 dry dock SAN ONOFRE (ARD 
                30); and
                    (B) the KNOX class frigate PHARRIS (FF 1094).
            (5) To the Government of the Philippines, the STALWART class 
        ocean surveillance ship TRIUMPH (T-AGOS 4).
            (6) To the Government of Spain, the NEWPORT class tank 
        landing ships HARLAN COUNTY (LST 1196) and BARNSTABLE COUNTY 
        (LST 1197).
            (7) To the Taipai Economic and Cultural Representative 
        Office in the United States (the Taiwan instrumentality that is 
        designated pursuant to section 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

[[Page 112 STAT. 2325]]

61 and 21 of the Arms Export Control Act (22 U.S.C. 2796, 2761) and in 
accordance with subsection (d) as follows:
            (1) To the Government of Brazil, the CIMARRON class oiler 
        MERRIMACK (AO 179).
            (2) To the Government of Greece, the KIDD class guided 
        missile destroyers KIDD (DDG 993), 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 
requirements:
            (1) The Secretary may initially transfer the vessel by 
        lease, with lease payments suspended for the term of the lease, 
        if the country entering into the lease for the vessel 
        simultaneously enters into a foreign military sales agreement 
        for the transfer of title to the vessel.
            (2) The Secretary may not deliver to the purchasing country 
        title to the vessel until the purchase price of the vessel under 
        such a foreign military sales agreement is paid in full.
            (3) Upon payment of the purchase price in full under such a 
        sales agreement and delivery of title to the recipient country, 
        the Secretary shall terminate the lease.
            (4) If the purchasing country fails to make full payment of 
        the purchase price in accordance with the sales agreement by the 
        date required under the sales agreement--
                    (A) the sales agreement shall be immediately 
                terminated;
                    (B) the suspension of lease payments under the lease 
                shall be vacated; and
                    (C) the United States shall be entitled to retain 
                all funds received on or before the date of the 
                termination under the sales agreement, up to the amount 
                of the lease payments due and payable under the lease 
                and all other costs required by the lease to be paid to 
                that date.
            (5) If a sales agreement is terminated pursuant to 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 (c). Funds 
in that account are available only for the purpose of covering those 
costs.
    (f ) <<NOTE: Deadline.>>  Notification of Congress.--Not later than 
30 days after the date of the enactment of this Act, the Secretary of 
the Navy shall submit to Congress, for each naval vessel that is to be 
transferred under this section before January 1, 1999, the notifications 
required under section 516 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321j) and section 525 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public Law 
105-118; 111 Stat. 2413).

    (g) Grants not Counted in Annual Total of Transferred Excess Defense 
Articles.--The value of a vessel transferred to

[[Page 112 STAT. 2326]]

another country on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided 
by subsection (a) shall not be counted for the purposes of subsection 
(g) of that section in the aggregate value of excess defense articles 
transferred to countries under that section in any fiscal year.
    (h) Costs of Transfers.--Any expense incurred by the United States 
in connection with a transfer authorized by this section shall be 
charged to the recipient (notwithstanding section 516(e)(1) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1)) in the case of a 
transfer authorized to be made on a grant basis under subsection (a)).
    (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 a vessel 
under this section shall expire at the end of the two-year period 
beginning on the date of the enactment of this Act.
    Sec. 8111. None of the funds in this Act may be used to compensate 
an employee of the Department of Defense who initiates a new start 
program without notification to the Office of the Secretary of Defense 
and the congressional defense committees, as required by Department of 
Defense financial management regulations.
    Sec. 8112. None of the funds made available by this Act shall be 
used by the Army to reduce civilian personnel workforce levels at United 
States Army, Pacific (USARPAC) bases and at Major Range and Test 
Facility Bases (MRTFBs) in the United States in fiscal year 1999 below 
levels assumed in this Act unless the Secretary of the Army notifies the 
Congressional defense committees not less than 30 days prior to 
implementation of any civilian personnel workforce reductions.

                      (including transfer of funds)

    Sec. 8113. Of the funds made available under title II of this Act, 
the following amounts shall be transferred to the Defense Working 
Capital Funds for the purpose of funding operations of the Defense 
Commissary Agency:
            ``Operation and Maintenance, Army'', $338,400,000;
            ``Operation and Maintenance, 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. 8114. 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

[[Page 112 STAT. 2327]]

expended: Provided further, That notwithstanding any other provision of 
law, the funds made available by this section may be available for 
payments to persons, communities, or other entities in Italy for 
reimbursement for property damages resulting from the accident involving 
a United States Marine Corps A-6 aircraft on February 3, 1998, near 
Cavalese, Italy: Provided further, That notwithstanding any other 
provision of law, funds made available under this section may be used to 
rebuild or replace the funicular system in Cavalese destroyed on 
February 3, 1998 by that aircraft: Provided further, That any amount 
paid to any individual or entity from the amount appropriated under this 
section shall be credited against any amount subsequently determined to 
be payable to that individual or entity under chapter 163 of title 10, 
United States Code, section 127 of that title, or any other authority 
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: Provided further, That no part of 
any payment authorized by this section shall be paid to or received by 
agents or attorneys for services rendered in connection with obtaining 
such payment, any contract to the contrary notwithstanding.
    Sec. 8115. <<NOTE: President. Reports.>> (a) None of the funds 
appropriated or otherwise made available under this Act may be obligated 
or expended for any additional deployment of forces of the Armed Forces 
of the United States to Yugoslavia, Albania, or Macedonia unless and 
until the President, after consultation with the Speaker of the House of 
Representatives, the Majority Leader of the Senate, the Minority Leader 
of the House of Representatives, and the Minority Leader of the Senate, 
transmits to Congress a report on the deployment that includes the 
following:
            (1) <<NOTE: Certification.>> The President's certification 
        that the presence of those forces in each country to which the 
        forces are to be deployed is necessary in the national security 
        interests of the United States.
            (2) The reasons why the deployment is in the national 
        security interests of the United States.
            (3) The number of United States military personnel to be 
        deployed to each country.
            (4) The mission and objectives of forces to be deployed.
            (5) The expected schedule for accomplishing the objectives 
        of the deployment.
            (6) The exit strategy for United States forces engaged in 
        the deployment.
            (7) The costs associated with the deployment and the funding 
        sources for paying those costs.
            (8) The anticipated effects of the deployment on the morale, 
        retention, and effectiveness of United States forces.

    (b) Subsection (a) does not apply to a deployment of forces--
            (1) in accordance with United Nations Security Council 
        Resolution 795; or
            (2) under circumstances determined by the President to be an 
        emergency necessitating immediate deployment of the forces.

[[Page 112 STAT. 2328]]

    (c) Nothing in this section shall be deemed to restrict the 
authority of the President under the Constitution to protect the lives 
of United States citizens.
    Sec. 8116. (a) Ensuring Year 2000 Compliance of Information 
Technology and National Security Systems.--None of the funds 
appropriated or otherwise made available by this Act may (except as 
provided in subsection (b)) be obligated or expended on the development 
or modernization of any information technology or national security 
system of the Department of Defense in use by the Department of Defense 
(whether or not the system is a mission critical system) if the date-
related data processing capability of 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'').
    (b) Exception for Certain Information Technology and National 
Security Systems.--The limitation in subsection (a) does not apply to an 
obligation or expenditure for an information technology or national 
security system that is reported to the Office of the Secretary of 
Defense by October 1, 1998, in accordance with the preparation 
instructions for the May 1998 Department of Defense quarterly report on 
the status of year 2000 compliance, if--
            (1) the obligation or expenditure is directly related to 
        ensuring that the reported system achieves year 2000 compliance;
            (2) the system is being developed and fielded to replace, 
        before January 1, 2000, a noncompliant system or a system to be 
        terminated in accordance with the May 1998 Department of Defense 
        quarterly report on the status of year 2000 compliance; or
            (3) the obligation or expenditure is required for a 
        particular change that is specifically required by law or that 
        is specifically directed by the Secretary of Defense.

    (c) Unallocated Reductions of Funds Not To Apply to Mission Critical 
Systems.--Funds appropriated or otherwise made available by this Act for 
mission critical systems are not subject to any unallocated reduction of 
funds made by or otherwise applicable to funds appropriated or otherwise 
made available by this Act.
    (d) 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.
    (e) Waiver Authority.--The Secretary of Defense may waive subsection 
(a) on a case-by-case basis with respect to an information technology or 
national security system if the Secretary provides the congressional 
defense committees with written notice of the waiver, including the 
reasons for the waiver and a timeline for the testing and certification 
of the system as year 2000 compliant.
    (f ) Required Report.--(1) <<NOTE: Deadline.>> 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

[[Page 112 STAT. 2329]]

        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) <<NOTE: Records.>> an updated list of all mission 
        critical systems; and
            (B) <<NOTE: Guidelines.>> 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.

    (g) <<NOTE: Deadline.>>  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.

    (h) 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.
    (i) Definitions.--For purposes of this section:
            (1) The term ``information technology'' has the meaning 
        given that term in section 5002 of the Clinger-Cohen Act of 1996 
        (40 U.S.C. 1401).
            (2) The term ``national security system'' has the meaning 
        given that term in section 5142 of such Act (40 U.S.C. 1452).
            (3) The term ``development or modernization'' has the 
        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. 8117. <<NOTE: Deadline.>> (a) Evaluation of Year 2000 
Compliance as Part of Training Exercises Programs.--Not later than 
December 15, 1998, the Secretary of Defense shall submit to Congress a 
plan for the execution of a simulated year 2000 as part of 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--
            (1) 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);

[[Page 112 STAT. 2330]]

            (2) at least two of those exercises are conducted by the 
        commander of each unified or specified combatant command; and
            (3) all mission critical systems that are expected to be 
        used if the Armed Forces are involved in a conflict in a major 
        theater of war are tested in at least two exercises.

    (c) Covered Military Exercises.--A military exercise referred to in 
this section is a military exercise conducted by the Department of 
Defense, during the period beginning on January 1, 1999, and ending on 
September 30, 1999--
            (1) under the training exercises program known as the ``CJCS 
        Exercise Program'';
            (2) at the Naval Strike and Air Warfare Center, the Army 
        National Training Center, or the Air Force Air Warfare Center; 
        or
            (3) as part of Naval Carrier Group fleet training or Marine 
        Corps Expeditionary Unit training.

    (d) Alternative Testing Method.--In the case of an information 
technology or national security system for which a simulated year 2000 
test as part of a military exercise described in subsection (c) is not 
feasible or presents undue risk, the Secretary of Defense shall test the 
system using a functional end-to-end test or through a Defense Major 
Range and Test Facility Base. The Secretary shall include the plans for 
these tests in the plan required by subsection (a). Tests under this 
subsection are in addition to the 25 tests required by subsection (b).
    (e) Authority for Exclusion of Systems Not Capable of Performing 
Reliably in Year 2000 Simulation.--(1) In carrying out a year 2000 
simulation exercise, the Secretary of Defense may exclude a particular 
information technology or national security system from the year 2000 
simulation phase of the exercise if the Secretary determines that the 
system would be incapable of performing reliably during the year 2000 
simulation phase of the exercise. In such a case, the system excluded 
shall be replaced in accordance with the year 2000 contingency plan for 
the system.
    (2) <<NOTE: Notification.>> 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. <<NOTE: Records.>> The notice 
shall include a list of each information technology or national security 
system excluded from the exercise, a description of how the exercise 
will use the year 2000 contingency plan for each such system, and a 
description of the effect that continued year 2000 noncompliance of each 
such system would have on military readiness.

    (3) An information technology or national security system with 
cryptological applications that is not capable of having its internal 
clock adjusted forward to a simulated later time is exempt from the year 
2000 simulation phase of an exercise under this section.
    (f ) <<NOTE: Deadline.>>  Comptroller General Review.--Not later 
than January 30, 1999, the Comptroller General shall review the report 
and plan submitted under subsection (a) and submit to Congress a 
briefing evaluating the methodology to be used under the plan to 
simulate the year 2000 and describing the potential information that 
will be collected as a result of implementation of the plan, the 
adequacy of the planned tests, and the impact that the plan will have on 
military readiness.

[[Page 112 STAT. 2331]]

    (g) 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).
            (3) 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. 8118. <<NOTE: 10 USC 2241 note.>> 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.

    Sec. 8119. <<NOTE: Reports. Food Stamps. 10 USC 113 note.>> (a) The 
Secretary of Defense shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a report on food stamp 
assistance for members of the Armed Forces. The Secretary shall submit 
the report at the same time that the Secretary submits to Congress, in 
support of the fiscal year 2001 budget, the materials that relate to the 
funding provided in that budget for the Department of Defense.

    (b) The report shall include the following:
            (1) The number of members of the Armed Forces and dependents 
        of members of the Armed Forces who are eligible for food stamps.
            (2) The number of members of the Armed Forces and dependents 
        of members of the Armed Forces who received food stamps in 
        fiscal year 1998.
            (3) A proposal for using, as a means for eliminating or 
        reducing significantly the need of such personnel for food 
        stamps, the authority under section 2828 of title 10, United 
        States Code, to lease housing facilities for enlisted members of 
        the Armed Forces and their families when Government quarters are 
        not available for such personnel.
            (4) A proposal for increased locality adjustments through 
        the basic allowance for housing and other methods as a means for 
        eliminating or reducing significantly the need of such personnel 
        for food stamps.
            (5) Other potential alternative actions (including any 
        recommended legislation) for eliminating or reducing 
        significantly the need of such personnel for food stamps.
            (6) A discussion of the potential for each alternative 
        action referred to in paragraph (3) or (4) to result in the 
        elimination or a significant reduction in the need of such 
        personnel for food stamps.

    (c) Each potential alternative action included in the report under 
paragraph (3) or (4) of subsection (b) shall meet the following 
requirements:
            (1) Apply only to persons referred to in paragraph (1) of 
        such subsection.
            (2) Be limited in cost to the lowest amount feasible to 
        achieve the objectives.

    (d) In this section:

[[Page 112 STAT. 2332]]

            (1) The term ``fiscal year 2001 budget'' means the budget 
        for fiscal year 2001 that the President submits to Congress 
        under section 1105(a) of title 31, United States Code.
            (2) The term ``food stamps'' means assistance under the Food 
        Stamp Act of 1977 (7 U.S.C. 2011 et seq.).

    Sec. 8120. None of the funds appropriated or otherwise made 
available by this Act in titles III and IV may be used to enter into or 
renew a contract with any company owned, or partially owned, by the 
People's Republic of China or the People's Liberation Army of the 
People's Republic of China.
    Sec. 8121. (a) Chapter 157 of title 10, United States Code, is 
amended by inserting after section 2641 the following:

``Sec. 2641a. Transportation of American Samoa veterans on Department of 
                        Defense aircraft for certain medical care in 
                        Hawaii

    ``(a) Transportation Authorized.--The Secretary of Defense may 
provide transportation on Department of Defense aircraft for the purpose 
of transporting any veteran specified in subsection (b) between American 
Samoa and the State of Hawaii if such transportation is required in 
order to provide hospital care to such veteran as described in that 
subsection.
    ``(b) Veterans Eligible for Transport.--A veteran eligible for 
transport under subsection (a) is any veteran who--
            ``(1) resides in and is located in American Samoa; and
            ``(2) as determined by an official of the Department of 
        Veterans Affairs designated for that purpose by the Secretary of 
        Veterans Affairs, must be transported to the State of Hawaii in 
        order to receive hospital care to which such veteran is entitled 
        under chapter 17 of title 38, United States Code, in facilities 
        of such Department in the State of Hawaii.

    ``(c) Administration.--(1) Transportation may be provided to 
veterans under this section only on a space-available basis.
    ``(2) A charge may not be imposed on a veteran for transportation 
provided to the veteran under this section.
    ``(d) Definitions.--In this section:
            ``(1) The term `veteran' has the meaning given that term in 
        section 101(2) of title 38, United States Code.
            ``(2) The term `hospital care' has the meaning given that 
        term in section 1701(5) of title 38, United States Code.''.

    (b) The table of sections at the beginning of chapter 157 of such 
title is amended by inserting after the item relating to section 2641 
the following new item:

``2641a. Transportation of American Samoa veterans on Department of 
           Defense aircraft for certain medical care in Hawaii.''.

    Sec. 8122. Additional Funding for Korean War Veterans Memorial. 
Section 3 of Public Law 99-572 (40 U.S.C. 1003 note) is amended by 
adding at the end the following:
    ``(c) Additional Funding.--
            ``(1) In general.--In addition to amounts made available 
        under subsections (a) and (b), the Secretary of the Army may 
        expend, from any funds available to the Secretary on the date of 
        the enactment of this paragraph, $2,000,000 for repair of the 
        memorial.
            ``(2) Disposition of funds received from claims.--Any funds 
        received by the Secretary of the Army as a result of

[[Page 112 STAT. 2333]]

        any claim against a contractor in connection with construction 
        of the memorial shall be deposited in the general fund of the 
        Treasury.''.

    Sec. 8123. Of the funds available under title VI for ``Chemical 
Agents and Munitions Destruction, Army'' for research and development, 
$18,000,000 shall be made available for the program manager for the 
Assembled Chemical Weapons Assessment (under section 8065 of the 
Department of Defense Appropriations Act, 1997) for demonstrations of 
technologies under the Assembled Chemical Weapons Assessment, for 
planning and preparation to proceed from demonstration of an alternative 
technology immediately into the development of a pilot-scale facility 
for the technology, and for the design, construction, and operation of a 
pilot facility for the technology.
    Sec. 8124. <<NOTE: 10 USC 7291 note.>> The Secretary of the Navy may 
carry out a competitively awarded vessel scrapping pilot program during 
fiscal years 1999 and 2000 using funds made available in this Act under 
the heading ``Operation and Maintenance, Navy'': Provided, That the 
Secretary of the Navy shall define the program scope sufficient to 
gather data on the cost of scrapping Government vessels and to 
demonstrate cost-effective technologies and techniques to scrap such 
vessels in a manner that is protective of worker safety and health and 
the environment.

    Sec. 8125. From within the funds provided under the heading 
``Operation and Maintenance, Army'', up to $500,000 shall be available 
for paying subcontractors and suppliers for work performed at Fort 
Wainwright, Alaska, in 1994, under Army services contract number DACA85-
93-C-0065. Subcontractors and suppliers are to be paid interest 
calculated in accordance with the Contract Dispute Act of 1978 (41 
U.S.C. 601-613).
    Sec. 8126. <<NOTE: 10 USC 2401a note.>> (a) The Secretary of the 
Army and the Secretary of the Air Force may each enter into one or more 
multiyear leases of nontactical firefighting equipment, nontactical 
crash rescue equipment, or nontactical snow removal equipment. The 
period of a lease entered into under this section shall be for any 
period not in excess of 10 years. Any such lease shall provide that 
performance under the lease during the second and subsequent years of 
the contract is contingent upon the appropriation of funds and shall 
provide for a cancellation payment to be made to the lessor if such 
appropriations are not made.

    (b) Lease payments made under subsection (a) shall be made from 
amounts provided in this or future appropriations Acts.
    (c) <<NOTE: Effective date.>> This section is effective for all 
fiscal years beginning after September 30, 1998.

    Sec. 8127. From within funds available for the Department of Defense 
under title VI of this Act for ``Chemical Agents and Munitions 
Destruction, Army'', or the unobligated balances of funds available for 
``Chemical Agents and Munitions Destruction, Defense'', under any other 
Act making appropriations for military functions administered by the 
Department of Defense for any fiscal year, the Secretary of Defense may 
use not more than $25,000,000 for the Assembled Chemical Weapons 
Assessment to complete the demonstration of alternatives to baseline 
incineration for the destruction of chemical agents and munitions and to 
carry out the pilot program under section 8065 of the Department of 
Defense Appropriations Act, 1997 (section 101(b) of Public Law 104-208; 
110 Stat. 3009-101; 50 U.S.C. 1521 note). The amount specified

[[Page 112 STAT. 2334]]

in the preceding sentence is in addition to any other amount that is 
made available under title VI of this Act to complete the demonstration 
of the alternatives and to carry out the pilot program: Provided, That 
none of these funds shall be taken from any ongoing operational chemical 
munitions destruction programs.
    Sec. 8128. (a) Findings.--The Congress finds that--
            (1) child experts estimate that as many as 250,000 children 
        under the age of 18 are currently serving in armed forces or 
        armed groups in more than 30 countries around the world;
            (2) contemporary armed conflict has caused the deaths of 
        2,000,000 minors in the last decade alone, and has left an 
        estimated 6,000,000 children seriously injured or permanently 
        disabled;
            (3) children are uniquely vulnerable to military recruitment 
        because of their emotional and physical immaturity, are easily 
        manipulated, and can be drawn into violence that they are too 
        young to resist or understand;
            (4) children are most likely to become child soldiers if 
        they are poor, separated from their families, displaced from 
        their homes, living in a combat zone, or have limited access to 
        education;
            (5) orphans and refugees are particularly vulnerable to 
        recruitment;
            (6) <<NOTE: Lord's Resistance Army.>> one of the most 
        egregious examples of the use of child soldiers is the abduction 
        of some 10,000 children, some as young as 8 years of age, by the 
        Lord's Resistance Army (in this section referred to as the 
        ``LRA'') in northern Uganda;
            (7) the Department of State's Country Reports on Human 
        Rights Practices for 1997 reports that in Uganda the LRA kills, 
        maims, and rapes large numbers of civilians, and forces abducted 
        children into ``virtual slavery as guards, concubines, and 
        soldiers'';
            (8) children abducted by the LRA are forced to raid and loot 
        villages, fight in the front line of battle against the Ugandan 
        army and the Sudan People's Liberation Army (SPLA), serve as 
        sexual slaves to rebel commanders, and participate in the 
        killing of other children who try to escape;
            (9) former LRA child captives report witnessing Sudanese 
        government soldiers delivering food supplies, vehicles, 
        ammunition, and arms to LRA base camps in government-controlled 
        southern Sudan;
            (10) children who manage to escape from LRA captivity have 
        little access to trauma care and rehabilitation programs, and 
        many find their families displaced, unlocatable, dead, or 
        fearful of having their children return home;
            (11) <<NOTE: Graca Machel.>> Graca Machel, the former United 
        Nations expert on the impact of armed conflict on children, 
        identified the immediate demobilization of all child soldiers as 
        an urgent priority, and recommended the establishment through an 
        optional protocol to the Convention on the Rights of the Child 
        of 18 as the minimum age for recruitment and participation in 
        armed forces; and
            (12) the International Committee of the Red Cross, the 
        United Nations Children's Fund (UNICEF), the United Nations High 
        Commission on Refugees, and the United Nations High Commissioner 
        on Human Rights, as well as many nongovernmental organizations, 
        also support the establishment of 18

[[Page 112 STAT. 2335]]

        as the minimum age for military recruitment and participation in 
        armed conflict.

    (b) In General.--The Congress hereby--
            (1) deplores the global use of child soldiers and supports 
        their immediate demobilization;
            (2) condemns the abduction of Ugandan children by the LRA;
            (3) calls on the Government of Sudan to use its influence 
        with the LRA to secure the release of abducted children and to 
        halt further abductions; and
            (4) encourages the United States delegation not to block the 
        drafting of an optional protocol to the Convention on the Rights 
        of the Child that would establish 18 as the minimum age for 
        participation in armed conflict.

    (c) Sense of the Congress.--It is the sense of the Congress that the 
President and the Secretary of State should--
            (1) support efforts to end the abduction of children by the 
        LRA, secure their release, and facilitate their rehabilitation 
        and reintegration into society;
            (2) not block efforts to establish 18 as the minimum age for 
        participation in conflict through an optional protocol to the 
        Convention on the Rights of the Child; and
            (3) provide greater support to United Nations agencies and 
        nongovernmental organizations working for the rehabilitation and 
        reintegration of former child soldiers into society.

    Sec. 8129. Notwithstanding any other provision of law, the Secretary 
of Defense shall obligate the funds provided for Counterterror Technical 
Support in the Department of Defense Appropriations Act, 1998 (under 
title IV of Public Law 105-56) for the projects and in the amounts 
provided for in House Report 105-265 of the House of Representatives, 
One Hundred Fifth Congress, First Session: Provided, That the funds 
available for the Pulsed Fast Neutron Analysis Project should be 
executed through cooperation with the Office of National Drug Control 
Policy.
    Sec. 8130. <<NOTE: Human rights.>>  Training and Other Programs. (a) 
Prohibition.--None of the funds made available by this Act may be used 
to support any training program involving a unit of the security forces 
of a foreign country if the Secretary of Defense has received credible 
information from the Department of State that a member of such unit has 
committed a gross violation of human rights, unless all necessary 
corrective steps have been taken.

    (b) <<NOTE: Deadline. Procedures.>>  Monitoring.--Not more than 90 
days after the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of State, shall establish procedures to 
ensure that prior to a decision to conduct any training program referred 
to in subsection (a), full consideration is given to all information 
available to the Department of State relating to human rights violations 
by foreign security forces.

    (c) Waiver.--The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition in subsection (a) if he 
determines that such waiver is required by extraordinary circumstances.
    (d) <<NOTE: Deadline.>>  Report.--Not more than 15 days after the 
exercise of any waiver under subsection (c), the Secretary of Defense 
shall submit a report to the congressional defense committees describing 
the extraordinary circumstances, the purpose and duration of the 
training program, the United States forces and the foreign security

[[Page 112 STAT. 2336]]

forces involved in the training program, and the information relating to 
human rights violations that necessitates the waiver.

    Sec. 8131. Notwithstanding any other provision of law, and 
notwithstanding the provisions of section 509(b) of title 32, United 
States Code, of the funds made available for Civil Military Programs to 
the Department of Defense in this Act, not less than $62,394,000 shall 
be made available for the National Guard ChalleNGe Program.
    Sec. 8132. (a) In General.--Notwithstanding any other provision of 
law, the Secretary of the Air Force may convey, without consideration, 
to Indian tribes located in the State of Montana relocatable military 
housing units located at Malmstrom Air Force Base, Montana, that are 
excess to the needs of the Air Force.
    (b) Processing of Requests.--(1) The Secretary of the Air Force 
shall convey military housing units under subsection (a) in accordance 
with the requests for such units that are submitted to the Secretary by 
the Operation Walking Shield Program on behalf of Indian tribes located 
in the State of Montana.
    (2) The Operation Walking Shield Program shall resolve any conflicts 
among requests of Indian tribes for housing units under subsection (a) 
before submitting such requests to the Secretary of the Air Force under 
paragraph (1).
    (c) Indian Tribe Defined.--In this section, the term ``Indian 
tribe'' means any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 104 of the 
Federally Recognized Indian Tribe List Act of 1994 (Public Law 103-454; 
108 Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8133. (a) The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental equipment of the Department of Defense, at no 
cost to the Department of Defense, to Indian health service facilities 
and to federally-qualified health centers (within the meaning of section 
1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
    (b) <<NOTE: Deadline. Reports.>> Not later than March 15, 1999, the 
Secretary of Defense shall submit to Congress a report on the program, 
including the actions taken under the program.

    Sec. 8134. The total amount appropriated in title III of this Act is 
hereby reduced by $142,100,000.
    Sec. 8135. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $193,600,000 
to reflect savings from favorable foreign currency fluctuations, to be 
distributed as follows:
            ``Military Personnel, Army'', $5,300,000;
            ``Military Personnel, Navy'', $12,000,000;
            ``Military Personnel, Marine Corps'', $4,200,000;
            ``Military Personnel, Air Force'', $8,100,000;
            ``Operation and Maintenance, Army'', $111,500,000;
            ``Operation and Maintenance, Navy'', $11,500,000;
            ``Operation and Maintenance, Marine Corps'', $3,300,000;
            ``Operation and Maintenance, Air Force'', $26,200,000; and
            ``Operation and Maintenance, Defense-Wide'', $11,500,000.

    Sec. 8136. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $502,000,000 
to reflect savings from reductions in the price of bulk fuel, to be 
distributed as follows:
            ``Operation and Maintenance, Army'', $36,000,000;
            ``Operation and Maintenance, Navy'', $167,000,000;

[[Page 112 STAT. 2337]]

            ``Operation and Maintenance, Marine Corps'', $8,000,000;
            ``Operation and Maintenance, Air Force'', $176,000,000;
            ``Operation and Maintenance, Defense-Wide'', $67,000,000;
            ``Operation and Maintenance, Army Reserve'', $1,400,000;
            ``Operation and Maintenance, Navy Reserve'', $8,200,000;
            ``Operation and Maintenance, Air Force Reserve'', 
        $11,700,000;
            ``Operation and Maintenance, Army National Guard'', 
        $3,500,000; and
            ``Operation and Maintenance, Air National Guard'', 
        $23,200,000.

    Sec. 8137. <<NOTE: Reports.>>  Global Positioning System Frequency 
Spectrum.--In order to guard against disruption of Global Positioning 
System services that are vital to the national security and economic 
interests of the United States, the Secretary of Defense shall submit to 
the congressional defense committees a report setting forth a national 
strategy to: (1) protect the integrity of the Global Positioning System 
frequency spectrum against interference and disruption; (2) achieve full 
and effective use by GPS of radio frequency spectrum currently allocated 
by the International Telecommunications Union for transmission of 
satellite navigation signals; and (3) provide for any additional 
allocation of spectrum necessary for GPS 
evolution. <<NOTE: Deadline.>> Such report shall be submitted to the 
congressional defense committees within 120 days of the enactment of 
this Act.

    Sec. 8138. <<NOTE: Reports.>> The Secretary of Defense shall submit 
a report to Congress concurrent with submission of the fiscal year 2000 
President's budget regarding past military deployment rates and future 
deployment rate goals. <<NOTE: Records.>> Such report shall contain a 
listing of the monthly overseas deployment rates for military personnel 
of each service covering each fiscal year beginning with fiscal year 
1989, the location and size of each deployment, a description of the 
methodology used to determine the deployment rates for each service, and 
a discussion of the maximum yearly deployment rates for each service 
that can be sustained on a continuous basis in non-emergency situations 
over the next five years given the resources and personnel end strengths 
contained in the Future Years Defense Plan.

    Sec. 8139. <<NOTE: New Hampshire.>> (a) Conveyance Required.--The 
Secretary of the Air Force shall convey, without consideration, to the 
Town of Newington, New Hampshire, all right, title, and interest of the 
United States in and to a parcel of real property, together with 
improvements thereon, consisting of approximately 1.3 acres located at 
former Pease Air Force Base, New Hampshire, and known as the site of the 
old Stone School.

    (b) Inapplicability of Certain Disposal Authorities.--The Secretary 
shall make the conveyance required by subsection (a) without regard to 
the provisions of section 204(b) of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
note).
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the Secretary.
    (d) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.

[[Page 112 STAT. 2338]]

    Sec. 8140. (a) The Secretary of the Navy may lease to the University 
of Central Florida (in this section referred to as the ``University''), 
or a representative or agent of the University designated by the 
University, such portion of the property known as the Naval Air Warfare 
Center, Training Systems Division, Orlando, Florida, as the Secretary 
considers appropriate as a location for the establishment of a center 
for research in the fields of law enforcement, public safety, civil 
defense, and national defense.
    (b) Notwithstanding any other provision of law, the term of the 
lease under subsection (a) may not exceed 50 years.
    (c) As consideration for the lease under subsection (a), the 
University shall--
            (1) undertake and incur the cost of the planning, design, 
        and construction required to establish the center referred to in 
        that subsection; and
            (2) during the term of the lease, provide the Secretary such 
        space in the center for activities of the Navy as the Secretary 
        and the University jointly consider appropriate.

    (d) The Secretary may require such additional terms and conditions 
in connection with the lease authorized by subsection (a) as the 
Secretary considers appropriate to protect the interest of the United 
States.
    Sec. 8141. (a) The Secretary of the Air Force may enter into an 
agreement to lease from the City of Phoenix, Arizona, the parcel of real 
property described in subsection (b), together with improvements on the 
property, in consideration of annual rent not in excess of one dollar.
    (b) The real property referred to in subsection (a) is a parcel, 
known as Auxiliary Field 3, that is located approximately 12 miles north 
of Luke Air Force Base, Arizona, in section 4 of township 3 north, range 
1 west of the Gila and Salt River Base and Meridian, Maricopa County, 
Arizona, is bounded on the north by Bell Road, on the east by Litchfield 
Road, on the south by Greenway Road, and on the west by agricultural 
land, and is composed of approximately 638 acres, more or less, the same 
property that was formerly an Air Force training and emergency field 
developed during World War II.
    (c) The Secretary may require such additional terms and conditions 
in connection with the lease under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States.
    Sec. 8142. Notwithstanding any other provision of law, the Secretary 
of Defense may retain all or a portion of the family housing at Fort 
Buchanan, Puerto Rico, as the Secretary deems necessary to meet military 
family housing needs arising out of the relocation of elements of the 
United States Army South to Fort Buchanan.
    Sec. 8143. (a) Conveyance Authorized.--The Secretary of the Navy may 
convey to the City of Seattle, Washington (in this section referred to 
as the ``City''), all right, title, and interest of the United States in 
and to a parcel of real property, together with improvements thereon, 
consisting of approximately 11.82 acres, the location of the Magnolia 
housing area, Seattle, Washington, less such areas as the Secretary 
determines are required to support continued Navy family housing 
requirements.

[[Page 112 STAT. 2339]]

    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the City shall pay to the United States an amount equal 
to the fair market value (as determined by the Secretary) of the portion 
of the real property to be conveyed under subsection (a) that was not 
donated to the United States by the City. The portion of the real 
property to be conveyed under subsection (a) that was donated to the 
United States by the City will be returned to the City at no cost.
    (c) Condition.--The conveyance authorized by subsection (a) shall be 
subject to the condition that the City accept the real property in its 
condition at the time of conveyance.
    (d) Description of Property.--The exact acreage and legal 
description of the property to be conveyed for monetary consideration, 
as well as the acreage of the portion to be returned to the City at no 
cost as described in subsection (b), shall be determined by a survey 
satisfactory to the Secretary. The cost of the survey shall be borne by 
the City.
    (e) Use of Funds.--(1) The Secretary shall use any amounts paid to 
the Secretary under subsection (b) for Navy family housing purposes in 
the Puget Sound region.
    (2) If amounts referred to in paragraph (1) remain unexpended after 
the use for Navy family housing purposes referred to in that paragraph, 
the Secretary shall deposit such unexpended amounts in the account 
established under section 204(h) of the Federal Property and 
Administrative Services Act (40 U.S.C. 485(h)).
    (f ) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under this section as the Secretary considers appropriate to protect the 
interests of the United States.
    Sec. 8144. (a) Conveyance Authorized.--The Secretary of the Army may 
convey to the City of Reading, Pennsylvania, hereafter referred to as 
the ``City'' or to another entity designated by the City, all right and 
title, and interest of the United States in and to a parcel of real 
property (including improvements thereon) consisting of approximately 
1.8 acres at the Army Reserve Center located at 1800 North 12th Street 
in Reading, Pennsylvania, for redevelopment purposes.
    (b) Consideration.--The conveyance authorized under subsection (a) 
shall be subject to the condition that the City--
            (1) Will pay fair market value for the property, if the 
        property is to be conveyed to or used by a business enterprise.
            (2) Will obtain the property without consideration if the 
        property is to be used by a State or local governmental agency.

    (c) Administrative Expenses.--In connection with the conveyance 
under subsection (a), the Secretary may accept amounts provided by the 
City or other persons to cover administrative expenses incurred by the 
Secretary in entering into the transaction. Amounts collected under 
subsection (b) for administrative expenses shall be credited to the 
appropriation, fund, or account from which the expenses were paid. 
Amounts so credited shall be merged with funds in such appropriation, 
fund, or account and shall be available for the same purposes and 
subject to the same limitations as the funds with which merged.
    (d) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection

[[Page 112 STAT. 2340]]

(a) shall be determined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the City.
    (e) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.
    Sec. 8145. Notwithstanding any other provision of law, using funds 
previously appropriated into the Department of Defense Base Closure 
Account 1990 established by section 2906(a)(1) of the Department of 
Defense Authorization Act, 1991 (Public Law 101-510), the Secretary of 
the Air Force shall obligate up to $7,646,000 for demolition and related 
environmental restoration of 31 buildings, possessing asbestos and lead-
based paint, at the former Norton Air Force Base, California.
    Sec. 8146. Liquidity of Working-Capital Funds. (a) Increased Cash 
Balances.--The Secretary of Defense shall administer the working-capital 
funds of the Department of Defense during fiscal year 1999 so as to 
ensure that the total amount of the cash balances in such funds on 
September 30, 1999, exceeds the total amount of the cash balances in 
such funds on September 30, 1998, by $1,300,000,000.
    (b) Actions Regarding Unbudgeted Losses.--The Under Secretary of 
Defense (Comptroller) shall take such actions regarding unbudgeted 
losses for the working-capital funds as may be necessary in order to 
ensure that such unbudgeted losses do not preclude the Secretary of 
Defense from achieving the increase in cash balances in working-capital 
funds required under subsection (a).
    (c) Waiver.--(1) The Secretary of Defense may waive the requirements 
of this section upon certifying to Congress, in writing, that the waiver 
is necessary to meet requirements associated with--
            (A) a contingency operation (as defined in section 
        101(a)(13) of title 10, United States Code); or
            (B) an operation of the Armed Forces that commenced before 
        October 1, 1998, and continues during fiscal year 1999.

    (2) The waiver authority under paragraph (1) may not be delegated to 
any official other than the Deputy Secretary of Defense.
    (3) The waiver authority under paragraph (1) does not apply to the 
limitation in subsection (d) or the limitation in section 2208(l)(3) of 
title 10, United States Code (as added by subsection (e)).
    (d) Permanent Limitation on Advance Billings.--(1) Section 2208(l) 
of title 10, United States Code, is amended--
            (A) by redesignating paragraph (3) as paragraph (4); and
            (B) by inserting after paragraph (2) the following new 
        paragraph (3):

    ``(3) The total amount of the advance billings rendered or imposed 
for all working-capital funds of the Department of Defense in a fiscal 
year may not exceed $1,000,000,000.''.
    (2) <<NOTE: 10 USC 2208 note.>> Section 2208(l)(3) of such title, as 
added by paragraph (1), applies to fiscal years after fiscal year 1999.

    (e) Semiannual Report.--(1) The Under Secretary shall submit to the 
Committee on Armed Services of the Senate and the Committee on National 
Security of the House of Representatives--
            (A) <<NOTE: Deadline.>> not later than May 1, 1999, a report 
        on the administration of this section for the six-month period 
        ending on March 31, 1999; and

[[Page 112 STAT. 2341]]

            (B) <<NOTE: Deadline.>> not later than November 1, 1999, a 
        report on the administration of this section for the six-month 
        period ending on September 30, 1999.

    (2) Each report shall include, for the period covered by the report, 
the following:
            (A) The profit and loss status of each working-capital fund 
        activity.
            (B) The actions taken by the Secretary of each military 
        department to use assessments of surcharges to correct for 
        unbudgeted losses.

    Sec. 8147. <<NOTE: 10 USC 113 note.>> The Secretary of Defense shall 
establish, through a revised Defense Integrated Military Human Resources 
System (DIMHRS), a defense reform initiative enterprise pilot program 
for military manpower and personnel information: Provided, That this 
pilot program should include all functions and systems currently 
included in DIMHRS and shall be expanded to include all appropriate 
systems within the enterprise of personnel, manpower, training, and 
compensation: Provided further, That in establishing a revised DIMHRS 
enterprise program for manpower and personnel information superiority 
the functions of this program shall include, but not be limited to: (1) 
an analysis and determination of the number and kinds of information 
systems necessary to support manpower and personnel within the 
Department of Defense; and (2) the establishment of programs to develop 
and implement information systems in support of manpower and personnel 
to include an enterprise level strategic approach, performance and 
results based management, business process improvement and other non-
material solutions, the use of commercial or government off-the-shelf 
technology, the use of modular contracting as defined by Public Law 104-
106, and the integration and consolidation of existing manpower and 
personnel information systems: Provided further, That the Secretary of 
Defense shall re-instate fulfillment standards designated as ADS-97-03-
GD, dated January, 1997: Provided further, <<NOTE: Deadline.>> That the 
requirements of this section should be implemented not later than 6 
months after the date of the enactment of this Act.

    Sec. 8148. (a) The Secretary of Defense, after consultation with the 
Chairman of the Joint Chiefs of Staff and the military service chiefs, 
shall conduct a comprehensive reassessment of existing military 
compensation, benefits, and related programs. The Secretary shall 
consider the effectiveness of these programs in providing an adequate 
standard of living and family support for service members and 
dependents, the current and projected effects of these programs on 
recruiting and retention of service members, and improvements which 
could be gained by potential changes in these programs.
    (b) In conducting this assessment, the Secretary's analysis shall 
consider, but not be limited to, the following areas:
            (1) Military pay and benefits, to include special pay and 
        targeted bonus programs;
            (2) The military retirement system, including an assessment 
        of the effects of the significant changes made to the retirement 
        system in 1986;
            (3) Health care programs; and
            (4) Housing, family support, and morale, welfare and 
        recreation programs.

[[Page 112 STAT. 2342]]

    (c) The Secretary shall consider the cumulative and complementary 
ability of these programs, and the effects of potential modifications to 
these programs, in terms of their ability to contribute to the 
attainment of existing and future manpower requirements of the military 
services, as well as the provision of a fair and equitable quality of 
life for service members and their dependents.
    (d) <<NOTE: Reports. Deadline.>> The Secretary shall provide an 
initial report on these issues to the congressional defense committees 
within 60 days of the enactment of this Act.

    (e) Concurrent with submission of the fiscal year 2000 budget, the 
Secretary shall provide a comprehensive assessment of these issues, and 
proposed changes in existing programs should he determine they are 
warranted, to the Congress.
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 1999''.

    Approved October 17, 1998.

LEGISLATIVE HISTORY--H.R. 4103 (S. 2132):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 105-591 (Comm. on Appropriations) and 105-746 (Comm. 
of Conference).
SENATE REPORTS: No. 105-200 accompanying S. 2132 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            June 24, considered and passed House.
            July 30, considered and passed Senate, amended, in lieu of 
                S. 2132.
            Sept. 28, House agreed to conference report.
            Sept. 29, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
            Oct. 17, Presidential statement.

                                  <all>