[105th Congress Public Law 56]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ56.105]


[[Page 111 STAT. 1203]]

Public Law 105-56
105th Congress

                                 An Act


 
Making appropriations for the Department of Defense for the fiscal year 
   ending September 30, 1998, and for other purposes. <<NOTE: Oct. 8, 
                         1997 -  [H.R. 2266]>> 

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

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Department of Defense Military Retirement Fund; $20,452,057,000.

                        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; $16,493,518,000.

                    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 111 STAT. 1204]]

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; $6,137,899,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), 
and to the Department of Defense Military Retirement Fund; 
$17,102,120,000.

                         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; 
$2,032,046,000.

                         Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department of 
Defense Military Retirement Fund; $1,376,601,000.

                     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 111 STAT. 1205]]

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; 
$391,770,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and for members of the Air Reserve Officers' Training Corps, and 
expenses authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military Retirement Fund; 
$815,915,000.

                     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; 
$3,333,867,000.

                   National Guard Personnel, Air Force

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

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

                      (including transfer of funds)

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

[[Page 111 STAT. 1206]]

and not to exceed $11,437,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority of 
the Secretary of the Army, and payments may be made on his certificate 
of necessity for confidential military purposes; $16,754,306,000 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 $300,000,000 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 $5,500,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes; 
$21,617,766,000 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; 
$2,372,635,000.

                  Operation and Maintenance, Air Force

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $8,362,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes; $18,492,883,000 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; 
$10,369,740,000, of which not to exceed $25,000,000 may be available for 
the CINC initiative fund account; and of which not to exceed $28,850,000 
can be used for emergencies and extraordinary expenses, to be expended 
on the approval or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential military 
purposes.

                 Operation and Maintenance, Army Reserve

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

[[Page 111 STAT. 1207]]

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; $1,207,891,000.

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications; $921,711,000.

             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; $116,366,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, 
supplies, and equipment; and communications; $1,632,030,000.

             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); $2,419,632,000: Provided, 
That <<NOTE: Reports.>>  not later than March 15, 1998, the Director of 
the Army National Guard shall provide a report to the congressional 
defense committees identifying the allocation, by installation and 
activity, of all base operations funds appropriated under this heading.

              Operation and Maintenance, Air National Guard

    For operation and maintenance of the Air National Guard, including 
medical and hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, repair, and other

[[Page 111 STAT. 1208]]

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; 
$3,013,282,000.

              Overseas Contingency Operations Transfer Fund

                      (including transfer of funds)

    For expenses directly relating to Overseas Contingency Operations by 
United States military forces; $1,884,000,000: Provided, That the 
Secretary of Defense may transfer these funds only to operation and 
maintenance accounts within this title, and 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; $6,952,000, of which not to exceed $2,500 
can be used for official representation purposes.

                     Environmental Restoration, Army

                      (including transfer of funds)

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

[[Page 111 STAT. 1209]]

                     Environmental Restoration, Navy

                      (including transfer of funds)

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

                  Environmental Restoration, Air Force

                      (including transfer of funds)

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

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

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

[[Page 111 STAT. 1210]]

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

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

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 2547, and 2551 of title 
10, United States Code); $47,130,000, to remain available until 
September 30, 1999.

                  Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for facilitating 
the elimination and the safe and secure transportation and storage of 
nuclear, chemical and other weapons; for establishing programs to 
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training 
and support of defense and military 
personnel for demilitarization and protection of weapons, weapons 
components and weapons technology and expertise; $382,200,000, to remain 
available until September 30, 2000: 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: Provided further, That of 
the amounts provided under this heading, $5,000,000 shall be available 
only for the Arctic Military Environmental Cooperation Program.

                  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); 
$360,000,000, 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, 1999, as 
follows:
            Army, $100,000,000;
            Navy, $70,000,000;
            Marine Corps, $45,000,000; and
            Air Force, $145,000,000.

[[Page 111 STAT. 1211]]

                                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; $1,346,317,000, to remain available for obligation until 
September 30, 2000.

                        Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes; $762,409,000, to remain available for obligation until 
September 30, 2000.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes; $1,298,707,000, to 
remain available for obligation until September 30, 2000.

                     Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired,

[[Page 111 STAT. 1212]]

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; $1,037,202,000, to remain available for obligation 
until September 30, 2000.

                         Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes; $2,679,130,000, to 
remain available for obligation until September 30, 2000.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
$6,535,444,000, to remain available for obligation until September 30, 
2000.

                        Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; $1,102,193,000, to remain available for obligation 
until September 30, 2000.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing

[[Page 111 STAT. 1213]]

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; $397,547,000, to remain available for obligation 
until September 30, 2000.

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; procurement of critical, long 
leadtime components and designs for vessels to be constructed or 
converted in the future; and expansion of public and private plants, 
including land necessary therefor, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to approval 
of title, as follows:
            For continuation of the SSN-21 attack submarine program, 
        $153,444,000;
            NSSN, $2,314,903,000;
            NSSN (AP), $284,859,000;
            CVN-77 (AP), $50,000,000;
            CVN Refuelings, $1,615,003,000;
            CVN Refuelings (AP), $46,855,000;
            DDG-51 destroyer program, $3,411,200,000;
            DDG-51 destroyer program (AP), $157,806,000;
            LPD-17 amphibious transport dock ship (AP), $100,000,000;
            Oceanographic ship program (AP), $16,000,000;
            LCAC landing craft air cushion program, $20,000,000; and
            For craft, outfitting, post delivery, conversions, and first 
        destination transportation, $137,521,000;

In all: $8,235,591,000, to remain available for obligation until 
September 30, 2002: Provided, That additional obligations may be 
incurred after September 30, 2002, 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 194 passenger motor vehicles for replacement 
only; and the purchase of one vehicle required for physical security of 
personnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exceed $232,340 per vehicle; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests

[[Page 111 STAT. 1214]]

therein, may be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; 
$3,144,205,000, to remain available for obligation until September 30, 
2000.

                        Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, and 
accessories therefor; plant equipment, appliances, and machine tools, 
and installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; vehicles for the 
Marine Corps, including the purchase of not to exceed 40 passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title; $482,398,000, to remain available for obligation 
until September 30, 2000.

                     Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes including rents and transportation of things; $6,480,983,000, 
to remain available for obligation until September 30, 2000: Provided, 
That of the funds made available under this heading, $331,000,000 shall 
be available for long lead activities related to the procurement of 
additional B-2 bombers: Provided further, That if the President 
determines that no additional 
B-2 bombers should be procured during this fiscal year, and he certifies 
to the Congress his decision, the funding described in the previous 
proviso shall be made available to modify and repair the existing fleet 
of B-2 bombers.

                     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

[[Page 111 STAT. 1215]]

transportation of things; $2,394,202,000, to remain available for 
obligation until September 30, 2000.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities authorized by section 2854 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; $398,534,000, to remain available for obligation until 
September 30, 2000.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of not to exceed 196 
passenger motor vehicles for replacement only; the purchase of one 
vehicle required for physical security of personnel, notwithstanding 
price limitations applicable to passenger vehicles but not to exceed 
$232,340 per vehicle; and expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon, prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; 
$6,592,909,000, to remain available for obligation until September 30, 
2000.

                        Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments) necessary for procurement, 
production, and modification of equipment, supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of not to 
exceed 381 passenger motor vehicles for replacement only; expansion of 
public and private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway; $2,106,444,000, to remain available for obligation until 
September 30, 2000.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $653,000,000, to remain available for 
obligation until September 30, 2000: Provided, That the Chiefs of the 
Reserve and National Guard components shall, not later

[[Page 111 STAT. 1216]]

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; $5,156,507,000, to 
remain available for obligation until September 30, 1999.

            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; $8,115,686,000, to 
remain available for obligation until September 30, 1999: Provided, That 
funds appropriated in this paragraph which are available for the V-22 
may be used to meet unique requirements of the Special Operations 
Forces.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment; $14,507,804,000, to 
remain available for obligation until September 30, 1999: Provided, That 
of the funds made available in this paragraph, $4,000,000 shall be only 
for development of coal-derived jet fuel technologies.

        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; $9,821,760,000, to remain 
available for obligation until September 30, 1999: Provided, That not 
less than $409,898,000 of the funds appropriated in this paragraph shall 
be made available only for the Sea-Based Wide Area Defense (Navy Upper-
Tier) Program: Provided further, That funds appropriated for the Dual-
Use Applications Program under section 5803 of the Treasury, Postal 
Service, and General Government Appropriations Act, 1997 (Public Law 
104-208), shall remain available for obligation until September 30, 
1998.

[[Page 111 STAT. 1217]]

               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; $258,183,000, to remain available for obligation 
until September 30, 1999.

                Operational Test and Evaluation, Defense

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

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For the Defense Working Capital Funds; $971,952,000.

                      National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744); $1,074,948,000, 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 the Secretary of the military department responsible for 
such procurement may waive these restrictions on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes.

[[Page 111 STAT. 1218]]

                                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; 
$10,369,075,000, of which $10,095,007,000 shall be for Operation and 
maintenance, of which not to exceed two per centum shall remain 
available until September 30, 1999, and of which $274,068,000, to remain 
available for obligation until September 30, 2000, shall be for 
Procurement.

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents and 
munitions in accordance with the provisions of section 1412 of the 
Department of 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, $600,700,000, of which $462,200,000 shall be 
for Operation and maintenance, $72,200,000 shall be for Procurement to 
remain available until September 30, 2000, and $66,300,000 shall be for 
Research, development, test and evaluation to remain available until 
September 30, 1999: Provided, That of the funds available under this 
heading, $1,000,000 shall be available until expended each year only for 
a Johnston Atoll off-island leave program: Provided further, That the 
Secretaries concerned shall, pursuant to uniform regulations, prescribe 
travel and transportation allowances for travel by participants in the 
off-island leave program.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation; $712,882,000: Provided, That the funds 
appropriated under this head shall be available for obligation for the 
same time period and for the same purpose as the appropriation to which 
transferred: Provided further, That the transfer authority provided in 
this paragraph is in addition to any transfer authority contained 
elsewhere in this Act.

                     Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended; $138,380,000, of which $136,580,000 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

[[Page 111 STAT. 1219]]

confidential military purposes; and of which $1,800,000, to remain 
available until September 30, 2000, shall be for Procurement.

                                TITLE VII

                            RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

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

                Intelligence Community Management Account

                      (including transfer of funds)

    For necessary expenses of the Intelligence Community Management 
Account; $121,080,000, of which $39,011,000 for the Advanced Research 
and Development Committee and the Environmental Intelligence and 
Applications Program shall remain available until September 30, 1999: 
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, 2000, and 
$3,000,000 for Research, development, test and evaluation shall remain 
available until September 30, 1999.

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

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

                 National Security Education Trust Fund

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

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002. <<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

[[Page 111 STAT. 1220]]

by law for civilian employees of the Department of Defense whose pay is 
computed under the provisions of section 5332 of title 5, United States 
Code, or at a rate in excess of the percentage increase provided by the 
appropriate host nation to its own employees, whichever is higher: 
Provided further, That this section shall not apply to Department of 
Defense foreign service national employees serving at United States 
diplomatic missions whose pay is set by the Department of State under 
the Foreign Service Act of 1980: Provided further, That the limitations 
of this provision shall not apply to foreign national employees of the 
Department of Defense in the Republic of Turkey.

    Sec. 8003. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.
    Sec. 8004. No more than 20 per centum of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training of 
the Reserve Officers' Training Corps.

                           (transfer of funds)

    Sec. 8005. Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$2,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the 
Department of Defense for military functions (except military 
construction) between such appropriations or funds or any subdivision 
thereof, to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to which 
transferred: Provided, That such authority to transfer may not be used 
unless for higher priority items, based on unforeseen military 
requirements, than those for which originally appropriated and in no 
case where the item for which funds are requested has been denied 
by <<NOTE: Notification.>>  Congress: Provided further, That the 
Secretary of Defense shall notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in this Act: 
Provided further, That no part of the funds in this Act shall be 
available to prepare or present a request to the Committees on 
Appropriations for reprogramming of funds, unless for higher priority 
items, based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress: Provided 
further, That of the authority provided under this section, not to 
exceed $65,000,000 shall be available to meet requirements for 
termination of the Reserve Mobilization Insurance Program, 
notwithstanding chapter 1214 of title 10, United States Code.

                           (transfer of funds)

    Sec. 8006. 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,

[[Page 111 STAT. 1221]]

That transfers may be made between such funds: Provided further, That 
transfers may be made between working capital funds and the ``Foreign 
Currency Fluctuations, Defense'' appropriation and the ``Operation and 
Maintenance'' appropriation accounts in such amounts as may be 
determined by the Secretary of Defense, with the approval of the Office 
of Management and Budget, except that such transfers may not be made 
unless the Secretary of Defense has notified the Congress of the 
proposed transfer. Except in amounts equal to the amounts appropriated 
to working capital funds in this Act, no obligations may be made against 
a working capital fund to procure or increase the value of war reserve 
material inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation.
    Sec. 8007. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 calendar 
days in session in advance to the congressional defense committees.
    Sec. 8008. <<NOTE: 10 USC 2306b note.>>  (a) None of the funds 
provided in this Act shall be available to initiate: (1) a multiyear 
contract that employs economic order quantity procurement in excess of 
$20,000,000 in any one year of the contract or that includes an unfunded 
contingent liability in excess of $20,000,000; or (2) a contract for 
advance procurement leading to a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in any one 
year, unless the congressional defense committees have been notified at 
least 30 days in advance of the proposed contract award: Provided, That 
no part of any appropriation contained in this Act shall be available to 
initiate a multiyear contract for which the economic order quantity 
advance procurement is not funded at least to the limits of the 
Government's liability: Provided further, That no part of any 
appropriation contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or component thereof if 
the value of the multiyear contract would exceed $500,000,000 unless 
specifically provided in this Act: Provided further, That no multiyear 
procurement contract can be terminated without 10-day prior notification 
to the congressional defense committees: Provided further, That the 
execution of multiyear authority shall require the use of a present 
value analysis to determine lowest cost compared to an annual 
procurement.

    Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows:
            Apache Longbow radar;
            AV-8B aircraft; and
            Family of Medium Tactical Vehicles.

    (b) None of the funds provided in this Act and hereafter may be used 
to submit to Congress (or to any committee of Congress) a request for 
authority to enter into a contract covered by those provisions of 
subsection (a) that precede the first proviso of that subsection 
unless--
            (1) such request is made as part of the submission of the 
        President's Budget for the United States Government for any 
        fiscal year and is set forth in the Appendix to that budget as 
        part of proposed legislative language for appropriations bills 
        for the next fiscal year; or
            (2) such request is formally submitted by the President as a 
        budget amendment; or

[[Page 111 STAT. 1222]]

            (3) the Secretary of Defense makes such request in writing 
        to the congressional defense committees.

    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 <<NOTE: Reports.>>  States Code. Such funds may also be 
obligated for humanitarian and civic assistance costs incidental to 
authorized operations and pursuant to authority granted in section 401 
of chapter 20 of title 10, United States Code, and these obligations 
shall be reported to Congress on September 30 of each year: Provided, 
That funds available for operation and maintenance shall be available 
for providing humanitarian and similar assistance by using Civic Action 
Teams in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239: Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.

    Sec. 8010. (a) During fiscal year 1998, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 1999 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 1999 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
1999.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8011. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department of 
Defense to exceed, outside the 50 United States, its territories, and 
the District of Columbia, 125,000 civilian workyears: Provided, That 
workyears shall be applied as defined in the Federal Personnel Manual: 
Provided further, That workyears expended in dependent student hiring 
programs for disadvantaged youths shall not be included in this workyear 
limitation.
    Sec. 8012. 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

[[Page 111 STAT. 1223]]

under section 3015(c) of title 38, United States Code, for any member of 
the armed services who, on or after the date of enactment of this Act--
            (1) enlists in the armed services for a period of active 
        duty of less than three years; or
            (2) receives an enlistment bonus under section 308a or 308f 
        of title 37, United States Code,

nor shall any amounts representing the normal cost of such future 
benefits be transferred from the Fund by the Secretary of the Treasury 
to the Secretary of Veterans Affairs pursuant to section 2006(d) of 
title 10, United States Code; nor shall the Secretary of Veterans 
Affairs pay such benefits to any such member: Provided, That in the case 
of a member covered by clause (1), these limitations shall not apply to 
members in combat arms skills or to members who enlist in the armed 
services on or after July 1, 1989, under a program continued or 
established by the Secretary of Defense in fiscal year 1991 to test the 
cost-effective use of special recruiting incentives involving not more 
than nineteen noncombat arms skills approved in advance by the Secretary 
of <<NOTE: Applicability.>>  Defense: Provided further, That this 
subsection applies only to active components of the Army.

    (b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army participating 
as a full-time student and receiving benefits paid by the Secretary of 
Veterans Affairs from the Department of Defense Education Benefits Fund 
when time spent as a full-time student is credited toward completion of 
a service commitment: Provided, That this subsection shall not apply to 
those members who have reenlisted with this option prior to October 1, 
1987: Provided further, That this <<NOTE: Applicability.>>  subsection 
applies only to active components of the Army.

    Sec. 8014. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of enactment of 
this Act, is performed by more than ten Department of Defense civilian 
employees until a most efficient and cost-effective organization 
analysis is completed on such activity or function and certification of 
the analysis is made to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided, That this section shall not 
apply to a commercial or industrial type function of the Department of 
Defense that: (1) is included on the procurement list established 
pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47), 
popularly referred to as the Javits-Wagner-O'Day Act; (2) is planned to 
be converted to performance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for other severely handicapped 
individuals in accordance with that Act; or (3) is planned to be 
converted to performance by a qualified firm under 51 per centum Native 
American ownership.

                           (transfer of funds)

    Sec. 8015. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental assistance agreement 
pursuant to section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public

[[Page 111 STAT. 1224]]

Law 101-510; 10 U.S.C. 2301 note), as amended, under the authority of 
this provision or any other transfer authority contained in this Act.
    Sec. 8016. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and agencies) 
of welded shipboard anchor and mooring chain 4 inches in diameter and 
under unless the anchor and mooring chain are manufactured in the United 
States from components which are substantially manufactured in the 
United States: Provided, That for the purpose of this section 
manufactured will include cutting, heat treating, quality control, 
testing of chain and welding (including the forging and shot blasting 
process): Provided further, That for the purpose of this section 
substantially all of the 
components of anchor and mooring chain shall be considered to be 
produced or manufactured in the United States if the aggregate cost of 
the components produced or manufactured in the United States exceeds the 
aggregate cost of the components produced or manufactured outside the 
United States: Provided further, That when adequate domestic supplies 
are not available to meet Department of Defense requirements on a timely 
basis, the Secretary of the service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations that such an acquisition must be 
made in order to acquire capability for national security purposes.
    Sec. 8017. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) shall be available for the reimbursement of any health care 
provider for inpatient mental health service for care received when a 
patient is referred to a provider of inpatient mental health care or 
residential treatment care by a medical or health care professional 
having an economic interest in the facility to which the patient is 
referred: Provided, That this limitation does not apply in the case of 
inpatient mental health services provided under the program for the 
handicapped under subsection (d) of section 1079 of title 10, United 
States Code, provided as partial hospital care, or provided pursuant to 
a waiver authorized by the Secretary of Defense because of medical or 
psychological circumstances of the patient that are confirmed by a 
health professional who is not a Federal employee after a review, 
pursuant to rules prescribed by the Secretary, which takes into account 
the appropriate level of care for the patient, the intensity of services 
required by the patient, and the availability of that care.
    Sec. 8018. Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an annual 
meeting in the United States, under such regulations as the Secretary of 
Defense may prescribe.
    Sec. 8019. Notwithstanding <<NOTE: 10 USC 2687 note.>>  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

[[Page 111 STAT. 1225]]

and base operating costs that are currently executed through monetary 
transfers to such host nations: Provided further, That the Department of 
Defense's budget submission for fiscal year 1999 shall identify such 
sums anticipated in residual value settlements, and identify such 
construction, real property maintenance or base operating costs that 
shall be funded by the host nation through such credits: Provided 
further, That all military construction projects to be executed from 
such accounts must be previously approved in a prior Act 
of <<NOTE: Reports.>>  Congress: Provided further, That each such 
executive agreement with a NATO member host nation shall be reported to 
the congressional defense committees, the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate 30 days prior to the conclusion and endorsement 
of any such agreement established under this provision.

    Sec. 8020. None of the funds available to the Department of Defense 
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand 
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 
pistols.
    Sec. 8021. Notwithstanding any other provision of law, none of the 
funds appropriated by this Act shall be available to pay more than 50 
per centum of an amount paid to any person under section 308 of title 
37, United States Code, in a lump sum.
    Sec. 8022. No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional defense 
committees that such a relocation is required in the best interest of 
the Government.
    Sec. 8023. A member of a reserve component whose unit or whose 
residence is located in a State which is not contiguous with another 
State is authorized to travel in a space required status on aircraft of 
the Armed Forces between home and place of inactive duty training, or 
place of duty in lieu of unit training assembly, when there is no road 
or railroad transportation (or combination of road and railroad 
transportation between those locations): Provided, That a member 
traveling in that status on a military aircraft pursuant to the 
authority provided in this section is not authorized to receive travel, 
transportation, or per diem allowances in connection with that travel.
    Sec. 8024. In addition to funds provided elsewhere in this Act, 
$8,000,000 is appropriated only for incentive payments authorized by 
section 504 of the Indian Financing Act of 1974, 25 U.S.C. 1544: 
Provided, That these payments shall be available only to contractors 
which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d), 
and according to regulations which shall be promulgated by the Secretary 
of Defense within 90 days of the passage of this Act: Provided further, 
That contractors participating in the test program established by 
section 854 of Public Law 101-189 (15 U.S.C. 637 note) shall be eligible 
for the program established by section 504 of the Indian Financing Act 
of 1974 (25 U.S.C. 1544).
    Sec. 8025. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to procure or acquire 
(1) defensive handguns unless such handguns are the

[[Page 111 STAT. 1226]]

M-9 or M-11 9 mm Department of Defense standard handguns, or (2) 
offensive handguns except for the Special Operations Forces: Provided, 
That the foregoing shall not apply to handguns and ammunition for 
marksmanship competitions.
    Sec. 8026. During the current fiscal year, funds appropriated or 
otherwise available for any Federal agency, the Congress, the judicial 
branch, or the District of Columbia may be used for the pay, allowances, 
and benefits of an employee as defined by section 2105 of title 5, 
United States Code, or an individual employed by the government of the 
District of Columbia, permanent or temporary indefinite, who--
            (1) is a member of a Reserve component of the Armed Forces, 
        as described in section 10101 of title 10, United States Code, 
        or the National Guard, as described in section 101 of title 32;
            (2) performs, for the purpose of providing military aid to 
        enforce the law or providing assistance to civil authorities in 
        the protection or saving of life or property or prevention of 
        injury--
                    (A) Federal service under sections 331, 332, 333, or 
                12406 of title 10, or other provision of law, as 
                applicable; or
                    (B) full-time military service for his or her State, 
                the District of Columbia, the Commonwealth of Puerto 
                Rico, or a territory of the United States; and
            (3) requests and is granted--
                    (A) leave under the authority of this section; or
                    (B) annual leave, which may be granted without 
                regard to the provisions of sections 5519 and 6323(b) of 
                title 5, if such employee is otherwise entitled to such 
                annual leave:

Provided, That any employee who requests leave under subsection (3)(A) 
for service described in subsection (2) of this section is entitled to 
such leave, subject to the provisions of this section and of the last 
sentence of section 6323(b) of title 5, and such leave shall be 
considered leave under section 6323(b) of title 5.
    Sec. 8027. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds a period of 24 months 
after initiation of such study with respect to a single function 
activity or 48 months after initiation of such study for a multi-
function activity.
    Sec. 8028. Funds appropriated by this Act for the American Forces 
Information Service shall not be used for any national or international 
political or psychological activities.
    Sec. 8029. Notwithstanding any other provision of law or regulation, 
the Secretary of Defense may adjust wage rates for civilian employees 
hired for certain health care occupations as authorized for the 
Secretary of Veterans Affairs by section 7455 of title 38, United States 
Code.
    Sec. 8030. None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such action 
would reduce the WC-130 Weather Reconnaissance mission below the levels 
funded in this Act.
    Sec. 8031. (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

[[Page 111 STAT. 1227]]

maximum practicable opportunity to participate as subcontractors and 
suppliers in the performance of contracts let by the Department of 
Defense.
    (b) During the current fiscal year, a business concern which has 
negotiated with a military service or defense agency a subcontracting 
plan for the participation by small business concerns pursuant to 
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be given 
credit toward meeting that subcontracting goal for any purchases made 
from qualified nonprofit agencies for the blind or other severely 
handicapped.
    (c) For the purpose of this section, the phrase ``qualified 
nonprofit agency for the blind or other severely handicapped'' means a 
nonprofit agency for the blind or other severely handicapped that has 
been approved by the Committee for the Purchase from the Blind and Other 
Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
    Sec. 8032. During the current fiscal year, net receipts pursuant to 
collections from third party payers pursuant to section 1095 of title 
10, United States Code, shall be made available to the local facility of 
the uniformed services responsible for the collections and shall be over 
and above the facility's direct budget amount.
    Sec. 8033. During the current fiscal year, the Department of Defense 
is authorized to incur obligations of not to exceed $350,000,000 for 
purposes specified in section 2350j(c) of title 10, United States Code, 
in anticipation of receipt of contributions, only from the Government of 
Kuwait, under that section: Provided, That, upon receipt, such 
contributions from the Government of Kuwait shall be credited to the 
appropriations or fund which incurred such obligations.
    Sec. 8034. Of the funds made available in this Act, not less than 
$26,247,000 shall be available for the Civil Air Patrol, of which 
$22,702,000 shall be available for operation and maintenance.
    Sec. 8035. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other non-profit 
entities.
    (b) Limitation on Compensation-Federally Funded Research and 
Development Center (FFRDC).--No member of a Board of Directors, 
Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting 
Committee, or any similar entity of a defense FFRDC, and no paid 
consultant to any defense FFRDC, may be compensated for his or her 
services as a member of such entity, or as a paid consultant, except 
under the same conditions, and to the same extent, as members of the 
Defense Science Board: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed travel 
expenses and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 1998 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for charitable contributions, for construction of new buildings, for 
payment of cost sharing for

[[Page 111 STAT. 1228]]

projects funded by Government grants, or for absorption of contract 
overruns.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 1998, not more than 6,206 
staff years of technical effort (staff years) may be funded for defense 
FFRDCs: Provided, That of the specific amount referred to previously in 
this subsection, not more than 1,105 staff years may be funded for the 
defense studies and analysis FFRDCs.
    (e) Notwithstanding any other provision of law, the Secretary of 
Defense shall control the total number of staff years to be performed by 
defense FFRDCs during fiscal year 1998 so as to reduce the total amounts 
appropriated in titles II, III, and IV of this Act by $71,800,000: 
Provided, That the total amounts appropriated in titles II, III, and IV 
of this Act are hereby reduced by $71,800,000 to reflect savings from 
the use of defense FFRDCs by the department.
    (f) Within <<NOTE: Reports.>>  60 days after enactment of this Act, 
the Secretary of Defense shall submit to the congressional defense 
committees a report presenting the specific amounts of staff years of 
technical effort to be allocated by the department for each defense 
FFRDC during fiscal year 1998: Provided, That, after the submission of 
the report required by this subsection, the department may not 
reallocate more than five per centum of an FFRDC's staff years among 
other defense FFRDCs until 30 days after a detailed justification for 
any such reallocation is submitted to the congressional defense 
committees.

    (g) The Secretary <<NOTE: Reports.>>  of Defense shall, with the 
submission of the department's fiscal year 1999 budget request, submit a 
report presenting the specific amounts of staff years of technical 
effort to be allocated for each defense FFRDC during that fiscal year.

    (h) No part of the reductions contained in subsection (e) of this 
section may be applied against any budget activity, activity group, 
subactivity group, line item, program element, program, project, 
subproject or activity which does not fund defense FFRDC activities 
within each appropriation account, and the reductions in subsection (e) 
shall be allocated on a proportional basis.
    (i) Not later <<NOTE: Reports.>>  than 90 days after enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report listing the specific funding reductions 
allocated to each category listed in subsection (h) above pursuant to 
this section.

    Sec. 8036. None of the funds in this or any other Act shall be 
available for the preparation of studies on--
            (1) the cost effectiveness or feasibility of removal and 
        transportation of unitary chemical weapons or agents from the 8 
        chemical storage sites within the continental United States to 
        Johnston Atoll: Provided, That this prohibition shall not apply 
        to General Accounting Office studies requested by a Member of 
        Congress or a Congressional Committee; and
            (2) the potential future uses of the 9 chemical disposal 
        facilities other than for the destruction of stockpile chemical 
        munitions and as limited by section 1412(c)(2), Public Law 99-
        145: Provided, That this prohibition does not apply to future 
        use studies for the CAMDS facility at Tooele, Utah.

    Sec. 8037. None of the funds appropriated or made available in this 
Act shall be used to procure carbon, alloy or armor steel plate for use 
in any Government-owned facility or property under

[[Page 111 STAT. 1229]]

the control of the Department of Defense which were not melted and 
rolled in the United States or Canada: Provided, That these procurement 
restrictions shall apply to any and all Federal Supply Class 9515, 
American Society of Testing and Materials (ASTM) or American Iron and 
Steel Institute (AISI) specifications of carbon, alloy or armor steel 
plate: Provided further, That the Secretary of the military department 
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations 
of the House of Representatives and the Senate that adequate domestic 
supplies are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in order to 
acquire capability for national security purposes: Provided further, 
That these restrictions shall not apply to contracts which are in being 
as of the date of enactment of this Act.
    Sec. 8038. For the purposes of this Act, the term ``congressional 
defense committees'' means the National Security Committee of the House 
of Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on National Security of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8039. 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 <<NOTE: Certification.>>  firms: Provided, That the Senior 
Acquisition Executive of the military department or defense agency 
concerned, with power of delegation, shall certify that successful bids 
include comparable estimates of all direct and indirect costs for both 
public and private bids: Provided further, That Office of Management and 
Budget Circular A-76 shall not apply to competitions conducted under 
this section.

    Sec. 8040. (a)(1) <<NOTE: 41 USC 10b-2.>>  If the Secretary of 
Defense, after consultation with the United States Trade Representative, 
determines that a foreign country which is party to an agreement 
described in paragraph (2) has violated the terms of the agreement by 
discriminating against certain types of products produced in the United 
States that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act with 
respect to such types of products produced in that foreign country.

    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) The <<NOTE: Reports.>>  Secretary of Defense shall submit to 
Congress a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 1998. Such report shall separately 
indicate the dollar value of items for which the Buy American Act was 
waived pursuant to any agreement described in subsection (a)(2), the 
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.

    (c) For purposes of this section, the term ``Buy American Act'' 
means title III of the Act entitled ``An Act making appropriations

[[Page 111 STAT. 1230]]

for the Treasury and Post Office Departments for the fiscal year ending 
June 30, 1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
    Sec. 8041. The total amounts appropriated in titles II, III, and IV 
of this Act are hereby reduced by $300,000,000 to reflect savings from 
the use of advisory and assistance services by the Department of 
Defense: Provided, That the savings shall be applied to the following 
titles in the following amounts:
            Title II, Operation and Maintenance, $112,000,000;
            Title III, Procurement, $62,000,000; and
            Title IV, Research, Development, Test and Evaluation, 
        $126,000,000:

Provided further, That the savings specified shall be applied only to 
funds budgeted to purchase advisory and assistance services: Provided 
further, That the savings shall be applied on a pro-rata basis to each 
program, project and activity which included budget funds for advisory 
and assistance services.
    Sec. 8042. Appropriations contained in this Act that remain 
available at the end of the current fiscal year as a result of energy 
cost savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the extent, and for 
the purposes, provided in section 2865 of title 10, United States Code.
    Sec. 8043. Notwithstanding any other provision of this Act, the 
amounts provided in all appropriation accounts in titles III and IV of 
this Act are reduced by 1.5 percent: Provided, That these reductions 
shall be applied on a pro-rata basis to each line item, program element, 
program, project, subproject, and activity within each 
appropriation <<NOTE: Reports.>>  account: Provided further, That not 
later than 60 days after the enactment of this Act, the Undersecretary 
of Defense (Comptroller) shall submit a report to the congressional 
defense committees listing the specific funding reductions allocated to 
each category listed in the preceding proviso pursuant to this section.

                      (including transfer of funds)

    Sec. 8044. Amounts deposited during the current fiscal year to the 
special account established under 40 U.S.C. 485(h)(2) and to the special 
account established under 10 U.S.C. 2667(d)(1) are appropriated and 
shall be available until transferred by the Secretary of Defense to 
current applicable appropriations or funds of the Department of Defense 
under the terms and conditions specified by 40 U.S.C. 485(h)(2)(A) and 
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available 
for the same time period and the same purposes as the appropriation to 
which transferred.
    Sec. 8045. 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

[[Page 111 STAT. 1231]]

directly from funds appropriated for operation and maintenance of the 
reserve component of the member concerned.
    Sec. 8046. The <<NOTE: President. 10 USC 221 note.>>  President 
shall include with each budget for a fiscal year submitted to the 
Congress under section 1105 of title 31, United States Code, materials 
that shall identify clearly and separately the amounts requested in the 
budget for appropriation for that fiscal year for salaries and expenses 
related to 
administrative activities of the Department of Defense, the military 
departments, and the Defense Agencies.

    Sec. 8047. Notwithstanding any other provision of law, funds 
available for ``Drug Interdiction and Counter-Drug Activities, Defense'' 
may be obligated for the Young Marines program.
    Sec. 8048. Notwithstanding any other provision of this Act, the 
total amount appropriated in title IV of this Act is hereby reduced by 
$474,000,000: Provided, That each program element, program, project, 
subproject, and activity funded in title IV of this Act shall be 
allocated a pro-rata share of any of the reductions made 
by <<NOTE: Reports.>>  this section: Provided further, That not later 
than 60 days after the enactment of this Act, the Undersecretary of 
Defense (Comptroller) shall submit a report to the congressional defense 
committees listing the specific funding reductions allocated to each 
category listed in the preceding proviso pursuant to this section.

    Sec. 8049. During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
    Sec. 8050. Of the funds appropriated or otherwise made available by 
this Act, not more than $119,200,000 shall be available for payment of 
the operating costs of NATO Headquarters: Provided, That the Secretary 
of Defense may waive this section for Department of Defense support 
provided to NATO forces in and around the former Yugoslavia.
    Sec. 8051. During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance may 
be used to purchase items having an investment item unit cost of not 
more than $100,000.
    Sec. 8052. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 1999 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 1999 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 1999 procurement appropriation and not in the supply 
management business area or any other

[[Page 111 STAT. 1232]]

area or category of the Department of Defense Working Capital Funds.
    Sec. 8053. None <<NOTE: 10 USC 2241 note.>>  of the funds provided 
in this Act and hereafter shall be available for use by a military 
department to modify an aircraft, weapon, ship or other item of 
equipment, that the military department concerned plans to retire or 
otherwise dispose of within 5 years after completion of the 
modification: Provided, That this prohibition shall not apply to safety 
modifications: Provided further, That this prohibition may be waived by 
the Secretary of a military department if the Secretary determines it is 
in the best national security interest of the United States to provide 
such waiver and so notifies the congressional defense committees in 
writing.

    Sec. 8054. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for obligation 
beyond the current fiscal year, except for funds appropriated for the 
Reserve for Contingencies, which shall remain available until September 
30, 1999.
    Sec. 8055. Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8056. Of the funds appropriated by the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $8,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8057. Amounts collected for the use of the facilities of the 
National Science Center for Communications and Electronics during the 
current fiscal year pursuant to section 1459(g) of the Department of 
Defense Authorization Act, 1986, and deposited to the special account 
established under subsection 1459(g)(2) of that Act are appropriated and 
shall be available until expended for the operation and maintenance of 
the Center as provided for in subsection 1459(g)(2).
    Sec. 8058. None of the funds appropriated in this Act may be used to 
fill the commander's position at any military medical facility with a 
health care professional unless the prospective candidate can 
demonstrate professional administrative skills.
    Sec. 8059. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with the Buy American Act. For purposes of 
this subsection, the term ``Buy American Act'' means title III of the 
Act entitled ``An Act making appropriations for the Treasury and Post 
Office Departments for the fiscal year ending June 30, 1934, and for 
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall

[[Page 111 STAT. 1233]]

determine, in accordance with section 2410f of title 10, United States 
Code, whether the person should be debarred from contracting with the 
Department of Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-competitive, 
quality-competitive, and available in a timely fashion.
    Sec. 8060. None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited proposal 
unless the head of the activity responsible for the procurement 
determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work; or
            (2) the purpose of the contract is to explore an unsolicited 
        proposal which offers significant scientific or technological 
        promise, represents the product of original thinking, and was 
        submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:

Provided, That this limitation shall not apply to contracts in an amount 
of less than $25,000, contracts related to improvements of equipment 
that is in development or production, or contracts as to which a 
civilian official of the Department of Defense, who has been confirmed 
by the Senate, determines that the award of such contract is in the 
interest of the national defense.
    Sec. 8061. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.

    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, if 
the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to field operating agencies funded 
within the National Foreign Intelligence Program.
    Sec. 8062. Funds appropriated by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 1998 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 1998.
    Sec. 8063. Notwithstanding section 303 of Public Law 96-487 or any 
other provision of law, the Secretary of the Navy is authorized to lease 
real and personal property at Naval Air Facility,

[[Page 111 STAT. 1234]]

Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, industrial 
or other purposes.

                              (rescissions)

    Sec. 8064. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts in the specified amounts:
            ``Shipbuilding and Conversion, Navy, 1996/2000'', 
        $35,600,000;
            ``Other Procurement, Navy, 1996/1998'', $3,300,000;
            ``Aircraft Procurement, Army, 1997/1999'', $5,000,000;
            ``Procurement of Ammunition, Army, 1997/1999'', $5,000,000;
            ``Other Procurement, Army, 1997/1999'', $6,000,000;
            ``Other Procurement, Navy, 1997/1999'', $2,200,000;
            ``Aircraft Procurement, Navy, 1997/1999'', $24,000,000;
            ``Research, Development, Test and Evaluation, Army, 1997/
        1998'', $6,000,000;
            ``Research, Development, Test and Evaluation, Navy, 1997/
        1998'', $40,000,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        1997/1998'', $25,000,000; and
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        1997/1998'', $24,000,000.

    Sec. 8065. None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, the Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8066. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to the 
Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
    Sec. 8067. During the current fiscal year, funds appropriated in 
this Act are available to compensate members of the National Guard for 
duty performed pursuant to a plan submitted by a Governor of a State and 
approved by the Secretary of Defense under section 112 of title 32, 
United States Code: Provided, That during the performance of such duty, 
the members of the National Guard shall be under State command and 
control: Provided further, That such duty shall be treated as full-time 
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of 
title 10, United States Code.
    Sec. 8068. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Unified and Specified Commands 
and Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred against 
appropriations for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence support to Unified 
Commands, Defense Agencies and Joint Intelligence Activities, including 
the activities and programs included within the General Defense 
Intelligence Program and the Consolidated Cryptologic Program: Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.

[[Page 111 STAT. 1235]]

    Sec. 8069. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 1997 level: Provided, That the Service Surgeons 
General may waive this section by certifying to the congressional 
defense committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be consistent with 
responsible resource stewardship and capitation-based budgeting.

                      (including transfer of funds)

    Sec. 8070. None of the funds appropriated in this Act may be 
transferred to or obligated from the Pentagon Reservation Maintenance 
Revolving Fund, unless the Secretary of Defense certifies that the total 
cost for the planning, design, construction and installation of 
equipment for the renovation of the Pentagon Reservation will not exceed 
$1,118,000,000.
    Sec. 8071. (a) <<NOTE: 10 USC 374 note.>>  None of the funds 
available to the Department of Defense for any fiscal year for drug 
interdiction or counter-drug activities may be transferred to any other 
department or agency of the United States except as specifically 
provided in an appropriations law.

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

                           (transfer of funds)

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

[[Page 111 STAT. 1236]]

basis, to the Indian Health Service when it is in conjunction with a 
civil-military project.
    Sec. 8075. None of the funds in this Act may be used to purchase any 
supercomputer which is not manufactured in the United States, unless the 
Secretary of Defense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire capability for 
national security purposes that is not available from United States 
manufacturers.
    Sec. 8076. Notwithstanding any other provision of law, the Naval 
shipyards of the United States shall be eligible to participate in any 
manufacturing extension program financed by funds appropriated in this 
or any other Act.
    Sec. 8077. Notwithstanding any other provision of law, each contract 
awarded by the Department of Defense during the current fiscal year for 
construction or service performed in whole or in part in a State which 
is not contiguous with another State and has an unemployment rate in 
excess of the national average rate of unemployment as determined by the 
Secretary of Labor, shall include a provision requiring the contractor 
to employ, for the purpose of performing that portion of the contract in 
such State that is not contiguous with another State, individuals who 
are residents of such State and who, in the case of any craft or trade, 
possess or would be able to acquire promptly the necessary skills: 
Provided, That the Secretary of Defense may waive the requirements of 
this section, on a case-by-case basis, in the interest of national 
security.
    Sec. 8078. During the current fiscal year, the Army shall use the 
former George Air Force Base as the airhead for the National Training 
Center at Fort Irwin: Provided, That none of the funds in this Act shall 
be obligated or expended to transport Army personnel into Edwards Air 
Force Base for training rotations at the National Training Center.
    Sec. 8079. (a) The <<NOTE: Reports.>>  Secretary of Defense shall 
submit, on a quarterly basis, a report to the congressional defense 
committees, the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
setting forth all costs (including incremental costs) incurred by the 
Department of Defense during the preceding quarter in implementing or 
supporting resolutions of the United Nations Security Council, including 
any such resolution calling for international sanctions, international 
peacekeeping operations, and humanitarian missions undertaken by the 
Department of Defense. The quarterly report shall include an aggregate 
of all such Department of Defense costs by operation or mission.

    (b) The Secretary of Defense shall detail in the quarterly reports 
all efforts made to seek credit against past United Nations expenditures 
and all efforts made to seek compensation from the United Nations for 
costs incurred by the Department of Defense in implementing and 
supporting United Nations activities.
    Sec. 8080. (a) Limitation on Transfer of Defense Articles and 
Services.--Notwithstanding any other provision of law, none of the funds 
available to the Department of Defense for the current fiscal year may 
be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in subsection 
(b) unless the congressional defense committees, the Committee on 
International Relations of the House of

[[Page 111 STAT. 1237]]

Representatives, and the Committee on Foreign Relations of the Senate 
are notified 15 days in advance of such transfer.
    (b) Covered Activities.--This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-enforcement, 
        or humanitarian assistance operation.

    (c) Required Notice.--A notice under subsection (a) shall include 
the following:
            (1) A description of the equipment, supplies, or services to 
        be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how the 
                President proposes to provide funds for such 
                replacement.

    Sec. 8081. To <<NOTE: Loans.>>  the extent authorized by subchapter 
VI of chapter 148 of title 10, United States Code, the Secretary of 
Defense shall issue loan guarantees in support of United States defense 
exports not otherwise provided for: Provided, That the total contingent 
liability of the United States for guarantees issued under the authority 
of this section may not exceed $15,000,000,000: Provided further, That 
the exposure fees charged and collected by the Secretary for each 
guarantee, shall be paid by the country involved and shall not be 
financed as part of a loan guaranteed by the United States: Provided 
further, That the <<NOTE: Reports.>>  Secretary shall provide quarterly 
reports to the Committees on Appropriations, Armed Services and Foreign 
Relations of the Senate and the Committees on Appropriations, National 
Security and International Relations in the House of Representatives on 
the implementation of this program: Provided further, That amounts 
charged for administrative fees and deposited to the special account 
provided for under section 2540c(d) of title 10, shall be available for 
paying the costs of administrative expenses of the Department of Defense 
that are attributable to the loan guarantee program under subchapter VI 
of chapter 148 of title 10.

    Sec. 8082. None of the funds available to the Department of Defense 
shall be obligated or expended to make a financial contribution to the 
United Nations for the cost of an United Nations peacekeeping activity 
(whether pursuant to assessment or a voluntary contribution) or for 
payment of any United States arrearage to the United Nations.
    Sec. 8083. 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--

[[Page 111 STAT. 1238]]

            (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. 8084. (a) None of the funds appropriated or otherwise made 
available in this Act may be used to transport or provide for the 
transportation of chemical munitions or agents to the Johnston Atoll for 
the purpose of storing or demilitarizing such munitions or agents.
    (b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical munition or agent of the United States 
found in the World War II Pacific Theater of Operations.
    (c) The President may suspend the application of subsection (a) 
during a period of war in which the United States is a party.
    Sec. 8085. None of the funds provided in title II of this Act for 
``Former Soviet Union Threat Reduction'' may be obligated or expended to 
finance housing for any individual who was a member of the military 
forces of the Soviet Union or for any individual who is or was a member 
of the military forces of the Russian Federation.
    Sec. 8086. 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. 8087. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered to 
be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior year, 
and the 1 percent limitation shall apply to the total amount of the 
appropriation.
    Sec. 8088. Notwithstanding 31 U.S.C. 1552(a), not more than 
$14,000,000 appropriated under the heading ``Aircraft Procurement, Air 
Force'' in Public Law 102-396 which was available and obligated for the 
B-2 Aircraft Program shall remain available for expenditure and for 
adjusting obligations for such program until September 30, 2003.
    Sec. 8089. 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

[[Page 111 STAT. 1239]]

            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in 
        the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.

                           (transfer of funds)

    Sec. 8090. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfers of funds: Provided, That the amounts 
transferred shall be available for the same purposes as the 
appropriations to which transferred, and for the same time period as the 
appropriation from which transferred: Provided further, That the amounts 
shall be transferred between the following appropriations in the amount 
specified:
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1989/2000'':
                          SSN-688 attack submarine program, $3,000,000;
                          DDG-51 destroyer program, $1,500,000;
                          LHD-1 amphibious assault ship program, 
                      $8,000,000;
                          T-AO fleet oiler program, $3,453,000;
                          AOE combat support ship program, $3,600,000; 
                      and
                          For craft, outfitting, and post delivery, 
                      $2,019,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1989/2000'':
                          SSN-21 attack submarine program, $21,572,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1991/2001'':
                          DDG-51 destroyer program, $1,060,000;
                          LHD-1 amphibious assault ship program, 
                      $1,600,000;
                          LSD-41 cargo variant ship program, $2,666,000;
                          AOE combat support ship program, $7,307,000; 
                      and
                          For craft, outfitting, and post delivery, 
                      $12,000,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1991/2001'':
                          SSN-21 attack submarine program, $24,633,000;

[[Page 111 STAT. 1240]]

            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2000'':
                          LHD-1 amphibious assault ship program, 
                      $5,592,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2000'':
                          SSN-21 attack submarine program, $5,592,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1994/1998'':
                          LHD-1 amphibious assault ship program, 
                      $400,000; and
                          DDG-51 destroyer program, $1,054,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1995/1999'':
                          For craft, outfitting, and post delivery, 
                      conversions, and first destination transportation, 
                      $715,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2000'':
                          LHD-1 amphibious assault ship program, 
                      $17,513,000; and
                          For craft, outfitting, and post delivery, 
                      conversions, and first destination transportation, 
                      $878,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1997/2001'':
                          For craft, outfitting, and post delivery, 
                      conversions, and first destination transportation, 
                      $3,600,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1997/2001'':
                          DDG-51 destroyer program, $24,160,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2000'':
                          Fast Patrol Boat, $9,500,000;
            To:
                    ``Research, Development, Test and Evaluation, Navy, 
                1998/1999'', $9,500,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1997/2001'':
                          Oceanographic ship SWATH, $45,000,000;
            To:
                    ``Research, Development, Test and Evaluation, Navy, 
                1998/1999'', $45,000,000;
            From:
                    ``Aircraft Procurement, Air Force, 1997/1999'', 
                $73,531,000;
            To:
                    ``Research, Development, Test and Evaluation, Air 
                Force, 1997/1998'', $73,531,000:

[[Page 111 STAT. 1241]]

Provided further, That notwithstanding any other provision of law, to 
facilitate a full and final settlement of all claims under contracts 
N00024-79-C-2614 and N00024-77-C-2031, the Secretary of the Navy may 
offset the amount of $1,660,680.84, owed by the Navy under contract 
N00024-79-C-2614 for the T-ARC-7 against an equal amount, $1,660,680.84, 
owed to the Navy under contract N00024-77-C-2031 for the AD 43.
    Sec. 8091. The <<NOTE: Reports.>>  Under Secretary of Defense 
(Comptroller) shall submit to the congressional defense committees by 
February 1, 1998 a detailed report identifying, by amount and by 
separate budget activity, activity group, subactivity group, line item, 
program element, program, project, subproject, and activity, any 
activity for which the fiscal year 1999 budget request was reduced 
because Congress appropriated funds above the President's budget request 
for that specific activity for fiscal year 1998.

    Sec. 8092. (a) None of the funds available to the Department of 
Defense under this Act may be obligated or expended to reimburse a 
defense contractor for restructuring costs associated with a business 
combination of the defense contractor that occurs after the date of 
enactment of this Act unless--
            (1) the auditable savings for the Department of Defense 
        resulting from the restructuring will exceed the costs allowed 
        by a factor of at least two to one; or
            (2) the savings for the Department of Defense resulting from 
        the restructuring will exceed the costs allowed and the 
        Secretary of Defense determines that the business combination 
        will result in the preservation of a critical capability that 
        might otherwise be lost to the Department; and
            (3) the report required by section 818(e) of Public Law 103-
        337 to be submitted to Congress in 1997 is submitted.

    (b) Not <<NOTE: Reports.>>  later than April 1, 1998, the 
Comptroller General shall, in consultation with the Inspector General of 
the Department of Defense, the Secretary of Defense, and the Secretary 
of Labor, submit to Congress a report which shall include the following:
            (1) an analysis and breakdown of the restructuring costs 
        paid by or submitted to the Department of Defense to companies 
        involved in business combinations since 1993;
            (2) an analysis of the specific costs associated with 
        workforce reductions;
            (3) an analysis of the services provided to the workers 
        affected by business combinations;
            (4) an analysis of the effectiveness of the restructuring 
        costs used to assist laid off workers in gaining employment; and
            (5) in accordance with section 818 of Public Law 103-337, an 
        analysis of the savings reached from the business combination 
        relative to the restructuring costs paid by the Department of 
        Defense.

    (c) The report should set forth recommendations to make this program 
more effective for workers affected by business combinations and more 
efficient in terms of the use of Federal dollars.
    Sec. 8093. 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.

[[Page 111 STAT. 1242]]

    Sec. 8094. The Secretary of Defense may waive reimbursement of the 
cost of conferences, seminars, courses of instruction, or similar 
educational activities of the Asia-Pacific Center for Security Studies 
for military officers and civilian officials of foreign nations if the 
Secretary determines that attendance by such personnel, without 
reimbursement, is in the national security interest of the United 
States: Provided, That costs for which reimbursement is waived pursuant 
to this subsection shall be paid from appropriations available for the 
Asia-Pacific Center.
    Sec. 8095. (a) Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau may permit the use of equipment of the 
National Guard Distance Learning Project by any person or entity on a 
space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8096. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, regional 
or municipal services, if provisions are included for the consideration 
of United States coal as an energy source.
    Sec. 8097. Notwithstanding any other provision of law, and 
notwithstanding the provisions in section 7306 of title 10, United 
States Code, in addition to amounts otherwise appropriated or made 
available by this Act, $13,000,000 is appropriated to the Department of 
the Navy and shall be available only for a grant to the Intrepid Sea-
Air-Space Foundation only for the refurbishment of the former U.S.S. 
Intrepid (CV 11).
    Sec. 8098. In accordance with section 1557 of title 31, United 
States Code, the following obligated balance shall be exempt from 
subchapter IV of chapter 15 of such title and shall remain available for 
expenditure without fiscal year limitation: Funds obligated by the 
Economic Development Administration for EDA Project No. 04-49-04095 from 
funds made available in the Department of Defense Appropriations Act, 
1994 (Public Law 103-189).
    Sec. 8099. None of the funds provided by this Act may be used to pay 
costs of instruction for an Air Force officer for enrollment commencing 
during the 1998-1999 academic year in a postgraduate degree program at a 
civilian educational institution if--
            (1) the degree program to be pursued by that officer is 
        offered by the Air Force Institute of Technology (or was offered 
        by that institute during the 1996-1997 academic year);
            (2) the officer is qualified for enrollment at the Air Force 
        Institute of Technology in that degree program; and

[[Page 111 STAT. 1243]]

            (3) the number of students commencing that degree program at 
        the Air Force Institute of Technology during the first semester 
        of the 1998-1999 academic year is less than the number of 
        students commencing that degree program for the first semester 
        of the 1996-1997 academic year.

    Sec. 8100. During the current fiscal year, the amounts which are 
necessary for the operation and maintenance of the Fisher Houses 
administered by the Departments of the Army, the Navy, and the Air Force 
are hereby appropriated, to be derived from amounts which are available 
in the applicable Fisher House trust fund established under 10 U.S.C. 
2221 for the Fisher Houses of each such department.
    Sec. 8101. 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 may be credited to operation and 
maintenance accounts of the Department of Defense which are current when 
the refunds are received.
    Sec. 8102. During the current fiscal year, not more than a total of 
$60,000,000 in withdrawal credits may be made by the Marine Corps Supply 
Management activity group of the Navy Working Capital Fund, Department 
of Defense Working Capital Funds, to the credit of current applicable 
appropriations of a Department of Defense activity in connection with 
the acquisition of critical low density repairables that are capitalized 
into the Navy Working Capital Fund.
    Sec. 8103. Notwithstanding 31 U.S.C. 3902, during the current fiscal 
year interest penalties may be paid by the Department of Defense from 
funds financing the operation of the military department or defense 
agency with which the invoice or contract payment is associated.
    Sec. 8104. At the time the President submits his budget for fiscal 
year 1999, the Department of Defense shall transmit to the congressional 
defense committees a budget justification document for the active and 
reserve Military Personnel accounts, to be known as the ``M-1'', which 
shall identify, at the budget activity, activity group, and subactivity 
group level, the amounts requested by the President to be appropriated 
to the Department of Defense for military personnel in any budget 
request, or amended budget request, for fiscal year 1999.
    Sec. 8105. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $100,000,000 
to reflect savings due to excess inventory, to be distributed as 
follows: ``Operation and Maintenance, Army'', $40,000,000; ``Operation 
and Maintenance, Navy'', $40,000,000; and ``Operation and Maintenance, 
Air Force'', $20,000,000.
    Sec. 8106. Notwithstanding any other provision in this Act, the 
total amount appropriated in title III of this Act is hereby reduced by 
$75,000,000 to reflect savings from repeal of section 2403 of title 10, 
United States Code.
    Sec. 8107. The Secretary of the Army may exchange or sell one Army 
C-20 aircraft and may apply the exchange allowance or sale proceeds in 
whole or in part payment for the acquisition of one C-37 aircraft: 
Provided, That in addition to such exchange allowance or sale proceeds, 
of the amount appropriated for fiscal year 1998 for Aircraft 
Procurement, Air Force, not more than $6,000,000 shall be made available 
for acquisition of the C-37 for the United States Army: Provided 
further, That in addition

[[Page 111 STAT. 1244]]

to such exchange allowance or sale proceeds, of the amount appropriated 
for fiscal year 1997 for Aircraft Procurement, Air Force, not more than 
$27,100,000 shall be made available for acquisition of the C-37 for the 
United States Army.
    Sec. 8108. During the current fiscal year, the Secretary of Defense 
may award contracts for capital assets having a development or 
acquisition cost of not less than $100,000 of a Working Capital Fund in 
advance of the availability of funds in the Working Capital Fund for 
minor construction, automatic data processing equipment, software, 
equipment, and other capital improvements.
    Sec. 8109. From funds made available by this Act for the Maritime 
Technology Program up to $250,000 shall be made available to assist with 
a pilot project that will facilitate the transfer of commercial cruise 
ship shipbuilding technology and expertise to United States yards, 
utilize the experience and expertise of existing U.S.-flag cruise ship 
operators, and enable the operation of a U.S.-flag foreign-built cruise 
ship, and two newly constructed U.S.-flag cruise ships: Provided, That a 
person (including a related person with respect to that person) who, 
within 18 months after the date of enactment, enters into a binding 
contract for construction in the United States of two cruise ships, 
which contract shall provide for the construction of two cruise ships of 
equal or greater size than the cruise ship being operated by such person 
on the date of enactment and shall require the delivery of the first 
cruise ship no later than January 1, 2005, and the second cruise ship no 
later than January 1, 2008, may document with a coastwise endorsement a 
cruise ship constructed pursuant to this section and a foreign-built 
cruise ship otherwise in compliance with 46 U.S.C. 289, 883, and 12106 
until such date which is 24 months after the delivery of the second 
cruise ship or any subsequently delivered cruise ship: Provided further, 
That a person (including a related person with respect to that person) 
within the meaning of 46 U.S.C. 801 may not operate a U.S.-flag foreign-
built cruise ship, or any other cruise ship, in coastwise trade between 
or among the islands of Hawaii, upon execution of the contract referred 
to in this section and continuing throughout the life expectancy (as 
that term is used in 46 U.S.C. App. 1125) of a newly constructed U.S.-
flag cruise ship referred to in this section, unless the cruise ship is 
operated by a person (including a related person with respect to that 
person) that is operating a cruise ship in coastwise trade between or 
among the islands of Hawaii on the date of enactment, except if any 
cruise ship constructed pursuant to this section operates in regular 
service other than between or among the islands of Hawaii: Provided 
further, That for purposes of this section the term ``cruise ship'' 
means a vessel that is at least 10,000 gross tons (as measured under 
chapter 143 of title 46, United States Code) and has berth or stateroom 
accommodations for at least 275 passengers: Provided further, That for 
purposes of this section, unless otherwise defined in this section, the 
term ``person'' means a corporation, partnership or association the 
controlling interest of which is owned by citizens of the United States 
within the meaning of 46 U.S.C. 802(b): Provided further, That for 
purposes of this section the term ``related person'' means with respect 
to a person: (1) a holding company, subsidiary, affiliate or association 
of the person; and (2) an officer, director, or agent of the person or 
of an entity referred to in (1): Provided further, That none of the 
funds provided in this or any other Act may

[[Page 111 STAT. 1245]]

be obligated for the tooling to construct or the construction of vessels 
addressed by this section.
    Sec. 8110. The Secretary of Defense shall submit to the 
congressional defense committees not later than November 15, 1997 an 
aviation safety plan outlining an appropriate level of navigational 
safety upgrades for all Department of Defense aircraft and the 
associated funding profile to install these upgrades in an expeditious 
manner.
    Sec. 8111. Notwithstanding any other provision of law, the Secretary 
of Defense shall obligate the funds provided for University Research 
Initiatives in the Department of Defense Appropriations Act, 1997 
(titles I through VIII under section 101(b) of Public Law 104-208) for 
the projects and in the amounts provided for in House Report 104-863 of 
the House of Representatives, 104th Congress, 2d session.
    Sec. 8112. The <<NOTE: Reports.>>  Secretary of Defense shall submit 
to the Committees on Appropriations of the House of Representatives and 
Senate, not later than April 15, 1998, a report on alternatives for 
current theater combat simulations: Provided, That this report shall be 
based on a review and evaluation by the Defense Science Board of the 
adequacy of the current models used by the Department of Defense for 
theater combat simulations, with particular emphasis on the tactical 
warfare (TACWAR) model and the ability of that model to adequately 
measure airpower, stealth, and other asymmetrical United States 
warfighting advantages, and shall include the recommendations of the 
Defense Science Board for improvements to current models and modeling 
techniques.

    Sec. 8113. Effective <<NOTE: Effective date.>>  on June 30, 1998, 
section 8106(a) of the Department of Defense Appropriations Act, 1997 
(titles I through VIII of the matter under section 101(b) of Public Law 
104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note), is amended by striking 
``$3,000,000'' and inserting ``$1,000,000''.

    Sec. 8114. None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Foreign 
Intelligence Program: Provided further, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national security 
interest to do so.
    Sec. 8115. It is the sense of the Congress that all member nations 
of the North Atlantic Treaty Organization (NATO) should contribute their 
proportionate share to pay for the costs of the Partnership for Peace 
program and for any future costs attributable to the expansion of NATO.
    Sec. 8116. The <<NOTE: 10 USC 221 note.>>  budget of the President 
for fiscal year 1999 submitted to Congress pursuant to section 1105 of 
title 31, United States Code, and each annual budget request thereafter, 
shall include budget activity groups (known as ``subactivities'') in the 
operation and maintenance accounts of the military departments and other 
appropriation accounts, as may be necessary, to separately identify all 
costs incurred by the Department of Defense to support the expansion of 
the North Atlantic Treaty Organization.

[[Page 111 STAT. 1246]]

The budget justification materials submitted to Congress in support of 
the budget of the Department of Defense for fiscal year 1999, and 
subsequent fiscal years, shall provide complete, detailed estimates for 
the incremental costs of such expansion.

    Sec. 8117. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with a 
contractor that is subject to the reporting requirement set forth in 
subsection (d) of section 4212 of title 38, United States Code, but has 
not submitted the most recent report required by such subsection for 
1997 or a subsequent year.
    Sec. 8118. None of the funds made available in this Act may be used 
to approve or license the sale of the F-22 advanced tactical fighter to 
any foreign government.
    Sec. 8119. None of the funds appropriated or otherwise made 
available by this Act may be made available for the United States Man 
and the Biosphere Program, or related projects.
    Sec. 8120. Up to $4,500,000 of funds available to the Department of 
Defense may be available for the payment of claims for loss and damage 
to personal property suffered as a direct result of the flooding in the 
Red River Basin during April and May, 1997 by members of the Armed 
Forces residing in the vicinity of Grand Forks Air Force Base, North 
Dakota, without regard to the provisions of section 3721(e) of title 31, 
United States Code.
    Sec. 8121. Of the total amount appropriated under title II for the 
Navy, the Secretary of the Navy shall make $25,000,000 available for a 
program to demonstrate expanded use of multitechnology automated reader 
cards throughout the Navy and the Marine Corps, including demonstration 
of the use of the so-called ``smartship'' technology of the ship-to-
shore work load/off load program.
    Sec. 8122. (a) Findings.--(1) The North Atlantic Treaty 
Organization, at the Madrid summit, decided to admit three new members, 
the Czech Republic, Poland and Hungary.
    (2) The President, on behalf of the United States endorsed and 
advocated the expansion of the North Atlantic Treaty Organization to 
include three additional members.
    (3) The Senate will consider the ratification of instruments to 
approve the admissions of new members to the North Atlantic Treaty 
Organization.
    (4) The United States has contributed more than $20,000,000,000 
since 1952 for infrastructure and support of the Alliance.
    (5) In appropriations Acts considered by the Congress for fiscal 
year 1998, $449,000,000 has been requested by the President for 
expenditures in direct support of United States participation in the 
Alliance.
    (6) In appropriations Acts considered by the Congress for fiscal 
year 1998, $9,983,300,000 has been requested by the President in support 
of United States military expenditures in North Atlantic Treaty 
Organization countries.
    (b) Report to Congress.--The Secretary of Defense shall identify and 
report to the congressional defense committees not later than October 1, 
1997--
            (1) the amounts necessary, by appropriation account, for all 
        anticipated costs to the United States for the admission

[[Page 111 STAT. 1247]]

        of the Czech Republic, Poland and Hungary to the North Atlantic 
        Treaty Organization for the fiscal years 1998, 1999, 2000, 2001 
        and 2002; and
            (2) any new commitments or obligations entered into or 
        assumed by the United States in association with the admission 
        of new members to the Alliance, to include the deployment of 
        United States military personnel, the provision of defense 
        articles or equipment, training activities and the modification 
        and construction of military facilities.

    Sec. 8123. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if the 
Secretary determines that the application of the limitation with respect 
to that country would invalidate 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) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason other 
        than the application of a waiver granted under subsection (a).

    (c) Subsection (a) does not apply to a limitation regarding 
construction of warships, ball and roller bearings, and clothing or 
textile materials as defined by section 11 (chapters 50-65) of the 
Harmonized Tariff Schedule and products classified under headings 4010, 
4202, 4203, 6401 through 6406, 6505, 7019, and 9404.
    Sec. 8124. It is the sense of Congress that should the Senate ratify 
NATO enlargement, that the proportional cost of the United States share 
of the NATO common budget should not increase, and that if any NATO 
member does not pay its share, the United States shall not pay either.
    Sec. 8125. Congress finds that the Defense Base Closure and 
Realignment Commission directed the transfer of only 10 electro-magnetic 
test environment systems from Eglin Air Force Base, Florida to Nellis 
Air Force Base, Nevada.
    Sec. 8126. (a) Findings.--
            (1) the Department of Defense budget is insufficient to 
        fulfill all the requirements on the unfunded priorities lists of 
        the military services and defense agencies;
            (2) the documented printing expenses of the Department of 
        Defense amount to several hundred million dollars per year, and 
        a similar amount of undocumented printing expenses may be 
        included in external defense contracts;
            (3) printing in two or more colors generally increases 
        costs;
            (4) the Joint Committee on Printing of the Congress of the 
        United States has established regulations intended to protect 
        taxpayers from extravagant Government printing expenses;
            (5) the Government Printing and Binding Regulations 
        published by the Joint Committee on Printing direct that 
        `` * * * it is the responsibility of the head of any department,

[[Page 111 STAT. 1248]]

        independent office or establishment of the Government to assure 
        that all multicolor printing shall contribute demonstrable value 
        toward achieving a greater fulfillment of the ultimate end-
        purpose of whatever printed item in which it is included.'';
            (6) the Department of Defense publishes a large number of 
        brochures, calendars, and other products in which the use of 
        multicolor printing does not appear to meet the demonstrably 
        valuable contribution requirement of the Joint Committee on 
        Printing, but instead appears to be used primarily for 
        decorative effect; and
            (7) the Department of Defense could save resources for 
        higher priority needs by reducing printing expenses.

    (b) Sense of the Senate.--Therefore, it is the sense of the Senate 
that--
            (1) the Secretary of Defense should ensure that the printing 
        costs of the Department of Defense and military services are 
        held to the lowest amount possible;
            (2) the Department of Defense should strictly comply with 
        the Printing and Binding Regulations published by the Joint 
        Committee on Printing of the Congress of the United States; and
            (3) the Department of Defense budget submission for fiscal 
        year 1999 should reflect the savings that will result from the 
        stricter printing guidelines in paragraphs (1) and (2).

                              (rescissions)

    Sec. 8127. Of the funds provided in title III of the Department of 
Defense Appropriations Act, 1996 (Public Law 104-61), $62,000,000 are 
rescinded, and of the funds provided in title IV of the Department of 
Defense Appropriations Act, 1997 (as contained in section 101(b) of 
Public Law 104-208), $38,000,000 are rescinded: Provided, That such 
rescissions shall not be made before July 1, 1998: Provided further, 
That <<NOTE: Reports.>>  not later than June 1, 1998, the Undersecretary 
of Defense (Comptroller) shall submit a report to the congressional 
defense committees listing the specific programs, projects and 
activities proposed for rescission subject to the provisions of this 
section.

    Sec. 8128. Section 303(e) of the 1997 Emergency Supplemental 
Appropriations Act for Recovery from Natural Disasters, and for Overseas 
Peacekeeping Efforts, Including Those in Bosnia (Public Law 105-18; 111 
Stat. 168) is struck and the following is inserted in lieu thereof:
    ``(e) Availability of Funds.--The Secretary may use funds available 
in the Defense Working Capital Fund for the payment of the costs of 
utilities, maintenance and repair, and improvements entered into under 
the lease under this section.''.
    Sec. 8129. Subject to amounts appropriated under the heading 
``Shipbuilding and Conversion, Navy'' in this Act for the New Attack 
Submarine Program, and notwithstanding any provisions of the National 
Defense Authorization Act for Fiscal Year 1996 and of the National 
Defense Authorization Act for Fiscal Year 1997 to the contrary, and 
notwithstanding section 2304(k) of title 10, United States Code, and the 
policy set forth in paragraph (1) of that section, the Secretary of the 
Navy may enter into a contract during fiscal year 1998 for the necessary 
procurement of four submarines under the New Attack Submarine Program

[[Page 111 STAT. 1249]]

with one of the two shipbuilders which are party to the Team Agreement 
between Electric Boat Corporation and Newport News Shipbuilding and Dry 
Dock Company dated February 25, 1997, that was submitted to the Congress 
by the Secretary of the Navy on March 31, 1997, as the prime contractor 
on the condition such prime contractor enter into one or more 
subcontracts (under such prime contract) with the other shipbuilder 
which is a party to such Team Agreement as contemplated in such Team 
Agreement, with such contract providing for construction of the first 
submarine in fiscal year 1998 and for the advance construction and 
advance procurement of material for the second, third, and fourth 
submarines in fiscal year 1998: Provided, That such prime contract shall 
provide that if such contract is terminated, the United States shall not 
be liable for termination costs in excess of the total amount 
appropriated for the New Attack Submarine Program.
    Sec. 8130. In addition to amounts provided elsewhere in this Act, 
$3,000,000 is hereby appropriated for ``Operation and Maintenance, 
Defense-Wide'', and shall be made available only for the establishment 
of the ``21st Century National Security Strategy Study Group'' 
(hereafter in this section referred to as the ``Study Group''): 
Provided, That these funds may be obligated only upon the completion of 
a memorandum of agreement between the Secretary of Defense (after 
consultation with the President), the Speaker of the House of 
Representatives, the Minority Leader of the House of Representatives, 
the Majority Leader of the Senate, and the Minority Leader of the 
Senate: Provided further, That this memorandum of agreement will set 
forth the scope of the Group's work, as well as its charter, 
composition, authorities, lifespan, and products to be generated: 
Provided further, That this memorandum of agreement shall be completed 
not later than December 15, 1997.
    Sec. 8131. (a) Panel <<NOTE: Establishment.>>  To Review Long-Range 
Air Power.--(1) There is hereby established an independent panel to 
evaluate the adequacy of current planning for United States long-range 
air power and the requirement for continued low-rate production of B-2 
stealth bombers.

    (2) The panel shall be composed of nine members appointed as 
follows:
            (A) two <<NOTE: President.>>  members shall be named by the 
        President;
            (B) two members shall be named by the Speaker of the House 
        of Representatives;
            (C) one member shall be named by the Minority Leader of the 
        House of Representatives;
            (D) two members shall be named by the Majority Leader of the 
        Senate;
            (E) one member shall be named by the Minority Leader of the 
        Senate; and
            (F) one <<NOTE: President.>>  member, who will serve as 
        chairman of the panel, shall be named by the President.

    (b) Functions <<NOTE: Reports.>>  of Panel.--(1) Not later than 
March 1, 1998, the panel shall submit to the President and Congress a 
report containing its conclusions and recommendations concerning the 
appropriate B-2 bomber force and specifically stating its recommendation 
on whether additional funds for the B-2 should be used for continued 
low-rate production of the B-2 or for upgrades to improve deployability, 
survivability and maintainability.

[[Page 111 STAT. 1250]]

    (2) As part of its evaluation and review, the panel shall consider, 
but not be limited to, the following:
            (A) scenarios involving no warning time and little warning 
        time from potential adversaries;
            (B) the make-up of the current bomber fleet and expected 
        attrition to that fleet over the next 15 years;
            (C) the potential effect of additional B-2 bombers on 
        deterrence;
            (D) the potential effect of additional B-2 bombers in the 
        ``halt phase'' of a conflict;
            (E) the potential of a biological or chemical ``lock-out'' 
        of tactical United States assets by future adversaries and the 
        effect of additional B-2 bombers toward mitigating such a 
        tactic;
            (F) trade-offs between additional B-2 bombers and other 
        programmed Department of Defense assets in meeting the scenarios 
        described in subsections (b)(2)(A) through (b)(2)(E) above;
            (G) the desirability of an increased rate of purchase of 
        precision-guided munitions for aircraft in the existing B-2 
        fleet;
            (H) the desirability of improving the low observable 
        characteristics of the existing B-2 fleet; and
            (I) the affordability of additional B-2 bombers in the 
        context of projected levels of future defense funding.

    (c) Panel Administration.--(1) The members of the panel shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from their homes or 
regular places of business in the performance of services for the panel.
    (2) Upon the request of the chairman of the panel, the Secretary of 
Defense may detail to the panel, on a nonreimbursable basis, personnel 
of the Department of Defense to assist the panel in carrying out its 
duties. The Secretary of Defense shall furnish to the panel such 
administrative and support services as may be requested by the chairman 
of the panel and shall ensure that all appropriate actions are taken to 
preserve the options of the President until the panel submits its report 
under subsection (b)(1).
    (d) Funding.--The Secretary of Defense shall, upon the request of 
the panel, make available to the panel such amounts as the panel may 
require to carry out its duties under this section.
    (e) Termination of the Panel.--The panel shall terminate 30 days 
after the date on which it submits its report under subsection (b)(1).
    Sec. 8132. None <<NOTE: President. Certification.>>  of the funds in 
this Act may be made available for the deployment of United States Armed 
Forces in the Republic of Bosnia and Herzegovina after June 30, 1998, 
unless the President, after consultation with the bipartisan leadership 
of the Senate and the House of Representatives, transmits to the 
Congress not later than May 15, 1998 a certification that the continued 
presence of United States Armed Forces is required in order to meet the 
national security interests of the United States: Provided, That such 
certification shall specify the following aspects of any deployment 
beyond June 30, 1998--
            (1) the reasons why such deployment is in the national 
        interest;

[[Page 111 STAT. 1251]]

            (2) the number of United States military personnel to be 
        deployed in and around the Republic of Bosnia and Herzegovina 
        and the former Yugoslavia;
            (3) the expected duration of any such deployment;
            (4) the mission and objectives of United States military 
        forces deployed in and around the Republic of Bosnia and 
        Herzegovina and the former Yugoslavia;
            (5) the exit strategy for United States forces engaged in 
        such deployment;
            (6) the costs associated with any deployment beyond June 30, 
        1998; and
            (7) the impact of such deployment on the morale, retention, 
        and effectiveness of United States forces:

Provided further, That concurrent with said certification, the President 
shall submit a supplemental appropriations request for such amounts as 
are necessary for any continued deployment beyond June 30, 1998: 
Provided further, That nothing in this section shall be deemed to 
restrict the authority of the President under the Constitution to 
protect the lives of United States citizens.
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 1998''.

    Approved October 8, 1997.

LEGISLATIVE HISTORY--H.R. 2266 (S. 1005):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 105-206 (Comm. on Appropriations) and 105-265 (Comm. 
of Conference).
SENATE REPORTS: No. 105-45 accompanying S. 1005 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            July 29, considered and passed House; passed Senate, 
                amended.
            Sept. 25, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
            Oct. 8, Presidential statement.
            Oct. 14, President's special message on line item veto.
FEDERAL REGISTER, Vol. 62 (1997):
            Oct. 15, Cancellation of items pursuant to the Line Item 
                Veto Act.

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