Defense Department FY99 Appropriations bill

TABLE OF CONTENTS:

Title I: Military Personnel

Title II: Operation and Maintenance

Title III: Procurement

Title IV: Research, Development, Test, and Evaluation

Title V: Revolving and Management Funds

Title VI: Other Department of Defense Programs

Title VII: Related Agencies

Title VIII: General Provisions

Department of Defense Appropriations Act, 1999 - Title I: Military Personnel - Appropriates funds for FY 1999 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY 1999 for the operation and maintenance (O&M) of the Army, Navy, and Air Force (including a transfer of funds in each case), the Marine Corps, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) the Overseas Contingency Operations Transfer Fund (including a transfer of funds); (2) the U.S. Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, and Air Force and defense-wide (including a transfer of funds in each case); (4) environmental restoration at formerly used defense sites (including a transfer of funds); (5) overseas humanitarian, disaster, and civic aid programs; (6) former Soviet Union threat reduction; (7) Department of Defense (DOD) real property maintenance; and (8) Pentagon Reservation renovation (including a transfer of funds).

Title III: Procurement - Appropriates funds for FY 1999 for procurement by the armed forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. Appropriates funds for defense-wide procurement and for National Guard and reserve equipment.

Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1999 for research, development, test, and evaluation by the armed forces and defense agencies. Appropriates funds for the Directors of Test and Evaluation and Operational Test and Evaluation.

Title V: Revolving and Management Funds - Appropriates funds for the Defense Working Capital Funds and programs under the National Defense Sealift Fund (including a transfer of funds).

Title VI: Other Department of Defense Programs - Appropriates funds for: (1) DOD medical and health care programs, with an earmark of funds for breast cancer treatment and access to care; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) the Office of the Inspector General.

Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; (3) payment to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Fund; and (4) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund).

Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds.

(Sec. 8008) Authorizes appropriated procurement funds to be used for multiyear procurement contracts for E-2C aircraft, the Longbow Hellfire missile, and Medium Tactical Vehicle Replacement.

(Sec. 8010) Prohibits during FY 1999 the management by end strengths of DOD civilian personnel.

(Sec. 8019) Authorizes the Secretary of Defense to establish with host governments of NATO-member countries an account for the deposit of residual value amounts negotiated in the return of U.S. military installations to such countries.

(Sec. 8032) Authorizes DOD to incur obligations of up to $350 million for DOD personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait.

(Sec. 8034) Prohibits the use of FY 1999 DOD funds to fund more than 6,206 staff years of technical effort for defense federally funded research and development centers. Directs the Secretary to control the number of such staff years so as to reduce the total amounts appropriated in titles II through IV by $62 million. Reduces the total amounts appropriated in such titles by such figure.

(Sec. 8035) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.

(Sec. 8038) Requires the Secretary to report to the Congress on the amount of DOD purchases from foreign entities in FY 1999.

(Sec. 8050) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities.

(Sec. 8053) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements or to hire additional personnel for such agencies, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea unless specifically appropriated; (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 1998, level; or (5) to transport chemical munitions or agents to Johnston Atoll for storage or demilitarization, except during a period of war.

(Sec. 8057) Authorizes the Secretary of the Navy to lease real and personal property at the Adak Naval Air Facility, Alaska.

(Sec. 8058) Rescinds specified funds from various accounts under prior defense appropriations Acts.

(Sec. 8065) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency in any fiscal year for drug interdiction and counter-drug activities.

(Sec. 8073) Directs the Secretary to report quarterly to specified congressional committees on all costs incurred by DOD during the preceding quarter in implementing or supporting United Nations (UN) resolutions.

(Sec. 8074) Prohibits FY 1998 DOD funds from being obligated or expended to transfer to another nation or international organization any defense articles or services (other than intelligence services) for use in any UN peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.

(Sec. 8075) Directs the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees concerning such loan guarantees.

(Sec. 8080) Authorizes the use of DOD O&M funds in support of U.S. missions and with eligible organizations and activities outside of DOD.

(Sec. 8083) Directs the Secretary, upon the enactment of this Act, to make specified transfers between various DOD accounts.

(Sec. 8084) Directs the Under Secretary of Defense (Comptroller) to submit to the defense committees a report identifying any activity for which the FY 2000 budget request was reduced because the Congress appropriated funds above the President's budget request for that activity for FY 1999.

(Sec. 8086) Authorizes the Secretary to waive reimbursement of certain educational costs of the Asia-Pacific Center for Security Studies for military officers and civilian officials of foreign countries if determined to be in the national security interest.

(Sec. 8087) Authorizes the Chief of the National Guard Bureau to permit the use of equipment of the National Guard Distance Learning Project on a space-available, reimbursable basis.

(Sec. 8089) Appropriates during FY 1999 amounts necessary for the O&M of Fisher houses.

(Sec. 8093) Directs DOD to submit to the defense committees a budget justification document for the active and reserve military personnel accounts which identifies the amounts requested by the President to be appropriated to DOD for military personnel in any budget request for FY 2000.

(Sec. 8095) Requires each budget request submitted by the President for FY 2000 and thereafter to separately identify all costs incurred by DOD to support NATO and all Partnership for Peace programs and initiatives.

(Sec. 8097) Prohibits the use of funds: (1) for approving or licensing the sale of the F-22 advanced tactical fighter to any foreign government; or (2) for the United States Man and the Biosphere Program or related projects.

(Sec. 8099) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative programs or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items produced in the United States for that country. Provides exceptions.

(Sec. 8105) Reduces by: (1) $70 million the total amount appropriated for O&M under this Act to reflect savings from consolidations and personnel reductions mandated under the Defense Reform Initiative; and (2) $400.6 million the total amount appropriated in this Act to reflect savings from revised economic assumptions, to be allocated among various DOD accounts.

(Sec. 8109) Directs the President to dispose of specified materials in the National Defense Stockpile so as to result in $100 million in receipts by the end of FY 1999. Requires the minimization of market disruption and loss to the United States during such sales. Requires receipts to be deposited into the general Treasury.

(Sec. 8110) Authorizes the Secretary of the Navy to transfer: (1) on a grant basis under provisions of the Foreign Assistance Act of 1961 specified naval vessels to Argentina, Greece, Portugal, and Turkey; (2) on a sales basis under the Arms Export Control Act specified naval vessels to Brazil, Chile, Greece, Mexico, the Philippines, Spain, Turkey, Venezuela, and the Taipei Economic and Cultural Representative Office in the United States; and (3) on a combined lease-sale basis under the Arms Export Control Act specified naval vessels to Brazil and Greece. Provides lease-sale conditions. Establishes in the Treasury the Defense Vessels Transfer Program Account for lease-sale transfer costs. Requires congressional notification of such transfers by such Secretary. Makes inapplicable certain limitations on the annual aggregate value of transferred excess defense articles. Requires transfer costs to be borne by recipients. Directs such Secretary to require, as a transfer condition, that any necessary pre-transfer vessel refurbishment be performed at a U.S. shipyard, including a Navy shipyard. Terminates all transfer authority two years after the enactment of this Act.

(Sec. 8113) Transfers specified O&M funds to the Defense Working Capital Funds to fund operations of the Defense Commissary Agency.

(Sec. 8114) Appropriates funds for emergency and extraordinary expenses associated with the accident involving U.S. Marine Corps A-6 aircraft on February 3, 1998, near Cavalese, Italy.

(Sec. 8115) Prohibits funds appropriated or otherwise made available under this Act from being used for any additional deployment of U.S. military forces to Yugoslavia, Albania, or Macedonia unless and until the President reports to the Congress on specified matters regarding such deployment.

(Sec. 8116) Prohibits funds appropriated or otherwise made available by this Act from being obligated or expended on the development or modernization of any DOD information technology or national security system if it does not meet certification level 1a, 1b, or 2, as specified under a DOD year 2000 management plan. Provides exceptions. Prohibits funding for mission critical systems from being subject to unallocated reductions of funds. Authorizes the Secretary to waive the certification requirements on a case-by-case basis, after congressional notification. Directs the Secretary to report to the defense and appropriations committees on DOD year 2000 conversion actions and plans. Requires the Secretary to have in place by December 30, 1998, contingency plans to ensure continuity of operations for every DOD critical mission or function that is dependent on such a system. Requires Inspector General evaluation of year 2000 compliance actions.

(Sec. 8117) Directs the Secretary to submit to the Congress a plan for the execution of a simulated year 2000 as part of certain military training exercises. Authorizes the Secretary, after congressional notification, to exclude from such exercises a system which is incapable of performing reliably in year 2000 simulations. Requires Comptroller General review and evaluation of such plan.

(Sec. 8118) Prohibits appropriated or otherwise available funds from being used: (1) to award or extend a contract or subcontract to any person who, within the preceding 15 years, has been convicted of the unlawful manufacture or sale of the Congressional Medal of Honor; or (2) to enter into or renew a contract with any company owned or partially owned by the People's Republic of China or the People's Liberation Army of the People's Republic of China.

(Sec. 8119) Directs the Secretary to report to the appropriations committees on food stamp assistance for members of the armed forces.

(Sec. 8121) Authorizes the Secretary to provide transportation on DOD aircraft to veterans in American Samoa who must be transported to Hawaii to receive veterans' hospital care.

(Sec. 8122) Authorizes the Secretary of the Army to expend from any available funds $2 million for the repair of the Korean War Veterans Memorial.

(Sec. 8123) Earmarks funds appropriated to various accounts under this Act for: (1) the Assembled Chemical Weapons Assessment for demonstrations of technology and a pilot facility; (2) paying subcontractors and suppliers for certain work performed at Fort Wainwright, Alaska; and (3) funding the testing of alternative chemical demilitarization technologies under the Assembled Chemical Weapons Assessment and to carry out a related pilot program under a prior defense appropriations Act.

(Sec. 8124) Authorizes the Secretary of the Navy to carry out a competitively awarded vessel scrapping pilot program during FY 1999 and 2000, using O&M funds appropriated under this Act.

(Sec. 8126) Authorizes the Secretaries of the Army and Air Force to enter into multiyear leases of non-tactical fire fighting, crash rescue, or snow removal equipment. Limits such leases to ten-year periods and subjects such leasing to available appropriations.

(Sec. 8128) Expresses the sense of the Congress that the President and the Secretary of State should: (1) support efforts to end the abduction of children by the Lord's Resistance Army in northern Uganda, secure their release, and facilitate their rehabilitation into society; (2) not block efforts to establish 18 as the minimum age for participation in conflict; and (3) provide greater support to UN agencies and nongovernmental organizations in the rehabilitation and reintegration of former child soldiers.

(Sec. 8129) Provides a specified obligation of funds appropriated under the Department of Defense Appropriations Act, 1998 for counterterror technical support.

(Sec. 8130) Prohibits funds available under this Act from being used to support any training program involving a security force unit of a foreign country if the Secretary has received credible information from the State Department that a member of such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of all information received. Authorizes the Secretary to waive such prohibition under extraordinary circumstances and requires a report to the defense and appropriations committees explaining such circumstances, along with related information.

(Sec. 8131) Earmarks funds under this Act for the National Guard Challenge Program.

(Sec. 8132) Authorizes the Secretary of the Air Force to convey to Montana Indian tribes relocatable military housing units at Malmstrom Air Force Base, Montana, that are excess to Air Force needs.

(Sec. 8133) Authorizes the Secretary to carry out a program to distribute surplus dental equipment to Indian health service facilities and to federally-qualified health centers. Requires a program report to the Congress.

(Sec. 8134) Reduces by $142.1 million the total amount appropriated for procurement under this Act.

(Sec. 8135) Reduces by $193.6 million the total amount appropriated under this Act to reflect savings from favorable foreign currency fluctuations and reductions in the price of bulk fuel, to be allocated among various DOD accounts.

(Sec. 8137) Directs the Secretary to report to the defense and appropriations committees a national strategy to: (1) protect the integrity of the Global Positioning System (GPS) frequency spectrum against interference and disruption; (2) achieve full and effective use of GPS radio frequency spectrum currently allocated for the transmission of satellite navigation signals; and (3) provide for any additional allocation of such spectrum as necessary for GPS evolution.

(Sec. 8138) Directs the Secretary to report to the Congress regarding past military deployment rates and future deployment rate goals.

(Sec. 8139) Authorizes the Secretary of the Air Force to convey to Newington, New Hampshire, certain real property known as the old Stone School currently located at the former Pease Air Force Base, New Hampshire.

(Sec. 8140) Authorizes the Secretary of the Navy to lease to the University of Central Florida a portion of the Naval Air Warfare Center, Orlando, Florida, for the establishment of a center for research in the fields of law enforcement, public safety, civil defense, and national defense. Limits such lease to 50 years.

(Sec. 8141) Authorizes the Secretary of the Air Force to enter into an agreement to lease from Phoenix, Arizona, Auxiliary Field 3 located north of Luke Air Force Base, Arizona, in consideration of annual rent not in excess of one dollar.

(Sec. 8142) Authorizes the Secretary to retain all or a portion of the family housing at Fort Buchanan, Puerto Rico, as determined necessary to meet military family housing needs arising out of the relocation of elements of the U.S. Army South to Fort Buchanan.

(Sec. 8143) Authorizes the Secretary of the Navy to convey to Seattle, Washington, all U.S. rights and interest to the Magnolia housing area in Seattle, less such areas required to support continued Navy family housing requirements.

(Sec. 8144) Authorizes the Secretary of the Army to convey to Reading, Pennsylvania, all U.S. rights and interest to specified real property at the Army Reserve Center in Reading, for redevelopment purposes.

(Sec. 8145) Directs the Secretary of the Air Force, using funds previously appropriated into the Department of Defense Base Closure Account 1990, to obligate a specified amount for the demolition and related environmental restoration of 31 buildings at the former Norton Air Force Base, California.

(Sec. 8146) Directs the Secretary to administer DOD working capital funds during FY 1999 so as to ensure that the total amount of such balances on September 30, 1999, exceeds the total amount on September 30, 1998, by $1.3 billion. Requires the Under Secretary of Defense (Comptroller) to take certain actions to achieve such increase. Authorizes the Secretary to waive such required increase upon certifying to the Congress that such waiver is necessary to meet requirements associated with a contingency operation or a military operation that commenced before October 1, 1998, and continues during FY 1999. Provides a permanent limitation on advance billings rendered or imposed for all such funds. Requires a semiannual report from the Under Secretary to the defense committees on the administration of this section.

(Sec. 8147) Directs the Secretary to establish, through a revised Defense Integrated Military Human Resources System, a defense reform initiative enterprise pilot program for military manpower and personnel information.

(Sec. 8148) Directs the Secretary to conduct and report to the Congress on a comprehensive reassessment of existing military compensation, benefits, and related programs.