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United States · Law · HR

H.R. 4103 (105th)

Department of Defense Appropriations Act, 1999

enactedUnited States· United States Congress· EN

Introduced

22 June 1998

Last action

Status

Became Public Law No: 105-262.

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Source updated

7 April 2025

Summary

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 Title IX: Emergency Appropriations for Information Systems Technology and Security 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; and (7) Department of Defense (DOD) real property maintenance. 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 in each case). Title VI: Other Department of Defense Programs - Appropriates funds for: (1) DOD medical and health care programs; (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 Medium Tactical Vehicle Replacement vehicles and the AV-8B, E-2C, and T-45 aircraft programs. (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. Requires the Secretary to report to the Congress on the amount of DOD purchases from foreign entities in FY 1999. (Sec. 8052) 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. 8056) Rescinds specified funds from various accounts under prior defense appropriations Acts. (Sec. 8071) 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. 8072) Prohibits the use of FY 1998 funds to transfer to another nation or international organization any defense articles or services (other than intelligence services) for use in international peacekeeping or peace enforcement activities. (Sec. 8080) 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. 8082) 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. 8083) 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. 8085) Appropriates during FY 1999 amounts necessary for the O&M of Fisher houses. (Sec. 8089) 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. 8092) Prohibits the use of funds: (1) for approving the license or 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. 8101) Reduces by $201.1 million the total amount appropriated in this Act to reflect savings from revised economic assumptions, to be allocated among various DOD accounts. (Sec. 8102) 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, 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. Amends various Acts to waive congressional notification requirements with respect to transfers under this section. 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. 8104) Transfers specified O&M funds to the Defense Working Capital Funds to fund operations of the Defense Commissary Agency. (Sec. 8105) 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. 8106) Prohibits appropriated or otherwise available funds from being used to initiate or conduct U.S. offensive military operations, except in accordance with the war powers clause of the Constitution. Title IX: Emergency Appropriations for Information Systems Technology and Security - Appropriates funds for DOD emergency expenses relating to the year 2000 conversion of information technology and national security systems (systems), for information technology and computer security and information assurance programs, and related purposes. Prohibits such funds from being obligated or expended on the development or modernization of any such 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 committees on DOD year 2000 conversion actions and plans. Requires the Secretary to have in place by December 31, 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. 9002) 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.

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