[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.
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