[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2561 Public Print (PP)]
1st Session
H. R. 2561
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 1999
Ordered to be printed with the amendments of the Senate numbered
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
(1)<DELETED>That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2000, for military functions administered by the
Department of Defense, and for other purposes, namely:
<DELETED>TITLE I</DELETED>
<DELETED>MILITARY PERSONNEL</DELETED>
<DELETED>Military Personnel, Army</DELETED>
<DELETED> 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, $21,475,732,000.</DELETED>
<DELETED>Military Personnel, Navy</DELETED>
<DELETED> 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, $16,737,072,000.</DELETED>
<DELETED>Military Personnel, Marine Corps</DELETED>
<DELETED> 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 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,
$6,353,622,000.</DELETED>
<DELETED>Military Personnel, Air Force</DELETED>
<DELETED> 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, $17,565,811,000.</DELETED>
<DELETED>Reserve Personnel, Army</DELETED>
<DELETED> 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, $2,235,055,000.</DELETED>
<DELETED>Reserve Personnel, Navy</DELETED>
<DELETED> 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,
$1,425,210,000.</DELETED>
<DELETED>Reserve Personnel, Marine Corps</DELETED>
<DELETED> 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 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,
$403,822,000.</DELETED>
<DELETED>Reserve Personnel, Air Force</DELETED>
<DELETED> 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, $872,978,000.</DELETED>
<DELETED>National Guard Personnel, Army</DELETED>
<DELETED> 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, $3,486,427,000.</DELETED>
<DELETED>National Guard Personnel, Air Force</DELETED>
<DELETED> 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,
$1,456,248,000.</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>OPERATION AND MAINTENANCE</DELETED>
<DELETED>Operation and Maintenance, Army</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Army, as authorized by law; and
not to exceed $10,624,000 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, $19,629,019,000 and, in addition,
$50,000,000 shall be derived by transfer from the National Defense
Stockpile Transaction Fund: Provided, That of the funds made available
under this heading, $6,000,000, to remain available until expended,
shall be transferred to ``National Park Service--Construction'' within
30 days of enactment of this Act, only for necessary infrastructure
repair improvements at Fort Baker, under the management of the Golden
Gate Recreation Area: Provided further, That of the funds appropriated
in this paragraph, not less than $355,000,000 shall be made available
only for conventional ammunition care and maintenance:</DELETED>
<DELETED>Provided further, That of the funds appropriated under this
heading, $4,000,000 shall not be available until thirty days after the
Secretary of the Army provides to the congressional defense committees
the results of an assessment, solicited by means of a competitive bid,
on the prospects of recovering costs associated with the environmental
restoration of the Department of the Army's government-owned,
contractor-operated facilities: Provided further, That of the funds
made available under this heading, $7,000,000 shall only be available
to the Secretary of the Army, acting through the Chief of Engineers,
only for demolition and removal of facilities, buildings, and
structures used at MOTBY (a Military Traffic Management Command
facility).</DELETED>
<DELETED>Operation and Maintenance, Navy</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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 $5,155,000 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,
$23,029,584,000 and, in addition, $50,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction Fund:
Provided, That of the funds available under this heading, $300,000
shall be available only for site design and planning, and materials and
equipment acquisition for the Maritime Fire Training Center at
MERTS.</DELETED>
<DELETED>Operation and Maintenance, Marine Corps</DELETED>
<DELETED> For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Marine Corps, as authorized by
law, $2,822,004,000.</DELETED>
<DELETED>Operation and Maintenance, Air Force</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Air Force, as authorized by law;
and not to exceed $7,882,000 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,
$21,641,099,000 and, in addition, $50,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction
Fund.</DELETED>
<DELETED>Operation and Maintenance, Defense-Wide</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, $11,402,733,000, of which not to exceed $2,000,000
is for providing the Computer/Electronic Accommodations program to
federal agencies which otherwise do not receive funding for such
purposes; of which not to exceed $25,000,000 may be available for the
CINC initiative fund account; and of which not to exceed $32,300,000
can be used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and payments
may be made on his certificate of necessity for confidential military
purposes: Provided, That of the amount appropriated under the heading
``Operation and Maintenance, Defense-Wide'' in division B, title I, of
Public Law 105-277, the amount of $177,000,000 not covered as of July
12, 1999, by an official budget request under the fifth proviso of that
section is available, subject to such an official budget request for
that entire amount, only for the following accounts in the specified
amounts:</DELETED>
<DELETED> ``Other Procurement, Air Force'',
$47,000,000;</DELETED>
<DELETED> ``Procurement, Defense-Wide'', $100,000,000;
and</DELETED>
<DELETED> ``Research, Development, Test and Evaluation, Air
Force'', $30,000,000:</DELETED>
<DELETED>Provided further, That none of the amount of $177,000,000
described in the preceding proviso may be made available for obligation
unless the entire amount is released to the Department of Defense and
made available for obligation for the programs, and in the amounts,
specified in the preceding proviso: Provided further, That of the
amounts provided under this heading, $40,000,000 to remain available
until expended, is available only for expenses relating to certain
classified activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance, procurement, and
research, development, test and evaluation appropriations accounts, to
be merged with and to be available for the same time period as the
appropriations to which transferred: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided in this Act: Provided further, That
of the funds made available under this heading, $10,000,000 shall be
available only for retrofitting security containers that are under the
control of, or that are accessible by, defense contractors: Provided
further, That of the amounts provided under this heading, $6,300,000 is
available only for the Department of Defense STARBASE
program.</DELETED>
<DELETED>Operation and Maintenance, Army Reserve</DELETED>
<DELETED> For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,513,076,000.</DELETED>
<DELETED>Operation and Maintenance, Navy Reserve</DELETED>
<DELETED> 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, $969,478,000.</DELETED>
<DELETED>Operation and Maintenance, Marine Corps Reserve</DELETED>
<DELETED> 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, $143,911,000.</DELETED>
<DELETED>Operation and Maintenance, Air Force Reserve</DELETED>
<DELETED> 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, $1,788,091,000.</DELETED>
<DELETED>Operation and Maintenance, Army National Guard</DELETED>
<DELETED> 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), $3,103,642,000.</DELETED>
<DELETED>Operation and Maintenance, Air National Guard</DELETED>
<DELETED> For operation and maintenance of the Air National Guard,
including medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, repair, and other necessary
expenses of facilities for the training and administration of the Air
National Guard, including repair of facilities, maintenance, operation,
and modification of aircraft; transportation of things, hire of
passenger motor vehicles; supplies, materials, and equipment, as
authorized by law for the Air National Guard; and expenses incident to
the maintenance and use of supplies, materials, and equipment,
including such as may be furnished from stocks under the control of
agencies of the Department of Defense; travel expenses (other than
mileage) on the same basis as authorized by law for Air National Guard
personnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau, $3,239,438,000.</DELETED>
<DELETED>Overseas Contingency Operations Transfer Fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For expenses directly relating to Overseas Contingency
Operations by United States military forces, $1,812,600,000, to remain
available until expended: Provided, That the Secretary of Defense may
transfer these funds only to operation and maintenance accounts within
this title, the Defense Health Program appropriation, and to working
capital funds: Provided further, That the funds transferred shall be
merged with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred: Provided
further, That 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 the transfer authority provided
in this paragraph is in addition to any other transfer authority
contained elsewhere in this Act.</DELETED>
<DELETED>United States Court of Appeals for the Armed Forces</DELETED>
<DELETED> For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $7,621,000, of which not to
exceed $2,500 can be used for official representation
purposes.</DELETED>
<DELETED>Environmental Restoration, Army</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the Department of the Army, $378,170,000, 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 the transfer authority
provided in this paragraph is in addition to any other transfer
authority provided elsewhere in this Act.</DELETED>
<DELETED>Environmental Restoration, Navy</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the Department of the Navy, $284,000,000, 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: Provided further, That the transfer authority
provided in this paragraph is in addition to any other transfer
authority provided elsewhere in this Act.</DELETED>
<DELETED>Environmental Restoration, Air Force</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the Department of the Air Force, $376,800,000, 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: Provided further, That the
transfer authority provided in this paragraph is in addition to any
other transfer authority provided elsewhere in this Act.</DELETED>
<DELETED>Environmental Restoration, Defense-Wide</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the Department of Defense, $25,370,000, 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: Provided further, That the transfer authority
provided in this paragraph is in addition to any other transfer
authority provided elsewhere in this Act.</DELETED>
<DELETED>Environmental Restoration, Formerly Used Defense
Sites</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the Department of the Army, $209,214,000, 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: Provided further, That the transfer authority provided
in this paragraph is in addition to any other transfer authority
provided elsewhere in this Act.</DELETED>
<DELETED>Overseas Humanitarian, Disaster, and Civic Aid</DELETED>
<DELETED> 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), $55,800,000, to remain
available until September 30, 2001.</DELETED>
<DELETED>Former Soviet Union Threat Reduction</DELETED>
<DELETED> 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, $456,100,000, to remain available
until September 30, 2002.</DELETED>
<DELETED>Quality of Life Enhancements, Defense</DELETED>
<DELETED> 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),
$800,000,000, 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, 2001, as follows:</DELETED>
<DELETED> Army, $182,600,000;</DELETED>
<DELETED> Navy, $285,200,000;</DELETED>
<DELETED> Marine Corps, $62,100,000;</DELETED>
<DELETED> Air Force, $259,600,000; and</DELETED>
<DELETED> Defense-Wide, $10,500,000:</DELETED>
<DELETED>Provided, That notwithstanding any other provision of law, of
the funds appropriated under this heading for Defense-Wide activities,
the entire amount shall only be available for grants by the Secretary
of Defense to local educational authorities which maintain primary and
secondary educational facilities located within Department of Defense
installations, and which are used primarily by Department of Defense
military and civilian dependents, for facility repairs and improvements
to such educational facilities: Provided further, That such grants to
local educational authorities may be made for repairs and improvements
to such educational facilities as required to meet classroom size
requirements: Provided further, That the cumulative amount of any grant
or grants to any single local educational authority provided pursuant
to the provisions under this heading shall not exceed
$1,500,000.</DELETED>
<DELETED>TITLE III</DELETED>
<DELETED>PROCUREMENT</DELETED>
<DELETED>Aircraft Procurement, Army</DELETED>
<DELETED> 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, $1,590,488,000, to remain available for obligation until
September 30, 2002.</DELETED>
<DELETED>Missile Procurement, Army</DELETED>
<DELETED> For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,272,798,000, to remain available for obligation until
September 30, 2002.</DELETED>
<DELETED>Procurement of Weapons and Tracked Combat Vehicles,
Army</DELETED>
<DELETED> 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, $1,556,665,000, to remain available for obligation until
September 30, 2002.</DELETED>
<DELETED>Procurement of Ammunition, Army</DELETED>
<DELETED> For construction, procurement, production, and
modification of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including ammunition facilities authorized by section 2854 of title 10,
United States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,228,770,000, to remain available for
obligation until September 30, 2002.</DELETED>
<DELETED>Other Procurement, Army</DELETED>
<DELETED> For construction, procurement, production, and
modification of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of not to exceed 36 passenger motor
vehicles for replacement only; and the purchase of 3 vehicles required
for physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $200,000 per
vehicle; communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,604,751,000, to remain available for obligation until
September 30, 2002.</DELETED>
<DELETED>Aircraft Procurement, Navy</DELETED>
<DELETED> 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, $9,168,405,000, to remain available for obligation
until September 30, 2002.</DELETED>
<DELETED>Weapons Procurement, Navy</DELETED>
<DELETED> 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, $1,334,800,000, to remain available
for obligation until September 30, 2002.</DELETED>
<DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>
<DELETED> 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, $537,600,000, to remain available for
obligation until September 30, 2002.</DELETED>
<DELETED>Shipbuilding and Conversion, Navy</DELETED>
<DELETED> 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:</DELETED>
<DELETED> NSSN (AP), $748,497,000;</DELETED>
<DELETED> CVN-77 (AP), $751,540,000;</DELETED>
<DELETED> CVN Refuelings (AP), $323,665,000;</DELETED>
<DELETED> DDG-51 destroyer program,
$2,681,653,000;</DELETED>
<DELETED> LPD-17 amphibious transport dock ship,
$1,508,338,000;</DELETED>
<DELETED> ADC(X), $439,966,000;</DELETED>
<DELETED> LCAC landing craft air cushion program,
$31,776,000; and</DELETED>
<DELETED> For craft, outfitting, post delivery, conversions,
and first destination transportation, $171,119,000;</DELETED>
<DELETED>In all: $6,656,554,000, to remain available for obligation
until September 30, 2004: Provided, That additional obligations may be
incurred after September 30, 2004, 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.</DELETED>
<DELETED>Other Procurement, Navy</DELETED>
<DELETED> 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 25 passenger motor vehicles
for replacement only; lease of passenger motor vehicles; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $4,252,191,000, to remain available for obligation
until September 30, 2002.</DELETED>
<DELETED>Procurement, Marine Corps</DELETED>
<DELETED> 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
43 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, $1,333,120,000, to
remain available for obligation until September 30, 2002.</DELETED>
<DELETED>Aircraft Procurement, Air Force</DELETED>
<DELETED> 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, $8,298,313,000, to remain
available for obligation until September 30, 2002.</DELETED>
<DELETED>Missile Procurement, Air Force</DELETED>
<DELETED> For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, including spare
parts and accessories therefor, ground handling equipment, and training
devices; expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of
structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and transportation
of things, $2,329,510,000, to remain available for obligation until
September 30, 2002.</DELETED>
<DELETED>Procurement of Ammunition, Air Force</DELETED>
<DELETED> 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, $481,837,000, to remain available for
obligation until September 30, 2002.</DELETED>
<DELETED>Other Procurement, Air Force</DELETED>
<DELETED> 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 53
passenger motor vehicles for replacement only; lease of passenger motor
vehicles; and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of
structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway, $6,958,227,000, to
remain available for obligation until September 30, 2002: Provided,
That of the amounts provided under this heading, $82,363,000 shall be
available only for procurement of the 60K A/C Loader program: Provided
further, That of the amounts provided under this heading, $179,339,000
is available only for the Base Information Infrastructure
program.</DELETED>
<DELETED>Procurement, Defense-Wide</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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 103 passenger motor vehicles for replacement
only; the purchase of 7 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; expansion of public
and private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$2,286,368,000, to remain available for obligation until September 30,
2002: Provided, That of the funds available under this heading, not
less than $39,491,000, including $6,000,000 derived by transfer from
``Research, Development, Test and Evaluation, Defense-Wide'', shall be
available only to support Electronic Commerce Resource Centers:
Provided further, That none of the funds in this or any other Act shall
be used to compensate administrative support contractors for the Joint
Electronic Commerce Program Office.</DELETED>
<DELETED>National Guard and Reserve Equipment</DELETED>
<DELETED> For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procurement for the
reserve components of the Armed Forces, $130,000,000, to remain
available for obligation until September 30, 2002: Provided, That the
Chiefs of the Reserve and National Guard components shall, not later
than 30 days after the enactment of this Act, individually submit to
the congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard
component.</DELETED>
<DELETED>Defense Production Act Purchases</DELETED>
<DELETED> For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act of 1950
(50 U.S.C. App. 2078, 2091, 2092, and 2093), $5,000,000 only for
microwave power tubes and to remain available until expended.</DELETED>
<DELETED>TITLE IV</DELETED>
<DELETED>RESEARCH, DEVELOPMENT, TEST AND EVALUATION</DELETED>
<DELETED>Research, Development, Test and Evaluation, Army</DELETED>
<DELETED> For expenses necessary for basic and applied scientific
research, development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$5,148,093,000, to remain available for obligation until September 30,
2001.</DELETED>
<DELETED>Research, Development, Test and Evaluation, Navy</DELETED>
<DELETED> For expenses necessary for basic and applied scientific
research, development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$9,080,580,000, to remain available for obligation until September 30,
2001: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique requirements of the
Special Operation Forces: Provided further, That of the funds available
under this heading, no more than $5,000,000 shall be available only to
initiate a cost improvement program for the Intercooled Recuperated Gas
Turbine Engine program: Provided further, That the funds identified in
the immediately preceding proviso shall be made available only if the
Secretary of the Navy certifies to the congressional defense committees
that binding commitments to finance the remaining cost of the ICR cost
improvement program have been secured from non-federal sources:
Provided further, That should the Secretary of the Navy fail to make
the certification required in the immediately preceding proviso by July
31, 2000, the Secretary shall make the funds subject to such
certification available for DD-21 ship propulsion risk reduction:
Provided further, That the Department of Defense shall not pay more
than one-third of the cost of the Intercooled Recuperated Gas Turbine
Engine cost improvement program.</DELETED>
<DELETED>Research, Development, Test and Evaluation, Air
Force</DELETED>
<DELETED> For expenses necessary for basic and applied scientific
research, development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$13,709,233,000, to remain available for obligation until September 30,
2001.</DELETED>
<DELETED>Research, Development, Test and Evaluation, Defense-
Wide</DELETED>
<DELETED> 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, $8,935,149,000, to
remain available for obligation until September 30, 2001: Provided,
That not less than $419,768,000 of the funds made available under this
heading shall be made available only for the Navy Theater Wide Missile
Defense program: Provided further, That of the amount appropriated in
section 102 of division B, title I, of Public Law 105-277 (112 Stat.
2681-558), the amount of $230,000,000 not covered as of July 12, 1999,
by an official budget request under the third proviso of that section
is available, subject to such an official budget request for that
entire amount, only for the following programs in the specified
amounts:</DELETED>
<DELETED> ``International Cooperative Programs'' (ARROW
anti-tactical ballistic missile), $45,000,000;</DELETED>
<DELETED> ``Navy Theater Wide Missile Defense System'',
$35,000,000;</DELETED>
<DELETED> ``PATRIOT PAC-3 Theater Missile Defense
Acquisition--EMD'', $75,000,000; and</DELETED>
<DELETED> ``National Missile Defense Dem/Val'',
$75,000,000:</DELETED>
<DELETED>Provided further, That none of the amount of $230,000,000
described in the preceding proviso may be made available for obligation
unless the entire amount is released to the Department of Defense and
made available for obligation for the programs, and in the amounts,
specified in the preceding proviso: Provided further, That of the
amounts provided under this heading, $5,000,000 is only for a
technology insertion program, to be carried out by a federally funded
research and development center and other units it affiliates with, to
demonstrate the cost saving and efficiency benefits of applying
commercially available software and information technology to the
manufacturing lines of small defense firms.</DELETED>
<DELETED>Developmental Test and Evaluation, Defense</DELETED>
<DELETED> 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, $271,957,000, to remain available for
obligation until September 30, 2001.</DELETED>
<DELETED>Operational Test and Evaluation, Defense</DELETED>
<DELETED> 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, $29,434,000, to remain available for obligation
until September 30, 2001.</DELETED>
<DELETED>TITLE V</DELETED>
<DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>
<DELETED>Defense Working Capital Funds</DELETED>
<DELETED> For the Defense Working Capital Funds, $90,344,000:
Provided, That during fiscal year 2000, funds in the Defense Working
Capital Funds may be used for the purchase of not to exceed 295
passenger motor vehicles for replacement only for the Defense Security
Service.</DELETED>
<DELETED>National Defense Sealift Fund</DELETED>
<DELETED> 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), $729,700,000, 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 the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.</DELETED>
<DELETED>TITLE VI</DELETED>
<DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>
<DELETED>Defense Health Program</DELETED>
<DELETED> For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense, as authorized by
law, $11,078,417,000, of which $10,471,447,000 shall be for Operation
and maintenance, of which not to exceed 2 per centum shall remain
available until September 30, 2001; of which $356,970,000, to remain
available for obligation until September 30, 2002, shall be for
Procurement; and of which $250,000,000, to remain available for
obligation until September 30, 2000, shall be for Research,
development, test and evaluation: Provided, That of the amounts made
available under this heading for Research, development, test and
evaluation, $175,000,000 shall be made available only for the Army
peer-reviewed breast cancer research program and $75,000,000 shall be
made available only for the Army peer-reviewed prostate cancer research
program.</DELETED>
<DELETED>Chemical Agents and Munitions Destruction, Army</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, $781,000,000, of which
$492,000,000 shall be for Operation and maintenance, $116,000,000 shall
be for Procurement to remain available until September 30, 2002, and
$173,000,000 shall be for Research, development, test and evaluation to
remain available until September 30, 2001: Provided, That
notwithstanding 10 U.S.C. 2215, of the funds appropriated under this
heading, $75,303,000 shall be transferred to the Federal Emergency
Management Agency ``Defense Chemical Stockpile Emergency Preparedness
Program'' account by October 31, 1999, to provide off-post emergency
response and preparedness assistance to the communities surrounding the
eight continental United States chemical agent storage and disposal
sites; of which $32,209,000 shall be derived from Operation and
maintenance, and $43,094,000 shall be derived from
Procurement.</DELETED>
<DELETED>Drug Interdiction and Counter-Drug Activities,
Defense</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, $883,700,000: Provided, That of the
funds appropriated under this heading, $42,800,000 is hereby
transferred to appropriations available for ``Military Construction,
Air Force'' for fiscal year 2000, and the transferred funds shall be
available for construction at forward operating locations in the area
of responsibility of the United States Southern Command: Provided
further, That the funds appropriated under this heading shall be
available for obligation for the same time period and for the same
purpose as the appropriation to which transferred: Provided further,
That the transfer authority provided under this heading is in addition
to any transfer authority contained elsewhere in this Act.</DELETED>
<DELETED>Office of the Inspector General</DELETED>
<DELETED> 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, $140,844,000, of which $138,744,000 shall be for
Operation and maintenance, of which not to exceed $700,000 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 the Inspector General's certificate of necessity for
confidential military purposes; and of which $2,100,000 to remain
available until September 30, 2002, shall be for Procurement.</DELETED>
<DELETED>TITLE VII</DELETED>
<DELETED>RELATED AGENCIES</DELETED>
<DELETED>Central Intelligence Agency Retirement and Disability System
Fund</DELETED>
<DELETED> 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, $209,100,000.</DELETED>
<DELETED>Intelligence Community Management Account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses of the Intelligence Community
Management Account, $144,415,000, of which $34,923,000 for the Advanced
Research and Development Committee shall remain available until
September 30, 2001: 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, 2002, and $1,000,000 for Research, development, test and
evaluation shall remain available until September 30, 2001.</DELETED>
<DELETED>Payment to Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Fund</DELETED>
<DELETED> For payment to Kaho'olawe Island Conveyance, Remediation,
and Environmental Restoration Fund, as authorized by law, $15,000,000,
to remain available until expended.</DELETED>
<DELETED>National Security Education Trust Fund</DELETED>
<DELETED> For the purposes of title VIII of Public Law 102-183,
$8,000,000, to be derived from the National Security Education Trust
Fund, to remain available until expended.</DELETED>
<DELETED>TITLE VIII</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized
by the Congress.</DELETED>
<DELETED> Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 8004. No more than 20 per centum of the
appropriations in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers' Training Corps.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> 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 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 the Department of the Army, Department of the
Air Force, Defense-Wide Agencies, and the Office of the Secretary of
Defense may not reprogram funds within any appropriation in title III
or IV of this or prior annual Department of Defense Acts under the
authority of the Department of Defense Financial Management Regulation
without prior written approval from the Appropriations Committees of
Congress.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> Sec. 8006. During the current fiscal year, cash balances
in working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may be
maintained in only such amounts as are necessary at any time for cash
disbursements to be made from such funds: Provided, That transfers may
be made between such funds: Provided further, That transfers may be
made between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may be
determined by the Secretary of Defense, with the approval of the Office
of Management and Budget, except that such transfers may not be made
unless the Secretary of Defense has notified the Congress of the
proposed transfer. Except in 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 8008. None of the funds provided in this or any other
Act hereafter 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; or (3) a contract for any systems or component thereof if
the value of the multiyear contract would exceed $100,000,000:
Provided, That the limitations in the preceding provisos of this
section do not apply to multiyear contracts awarded prior to the date
of enactment of this Act or to multiyear contracts for which authority
is specifically provided in subsequent defense authorization acts and
appropriation acts: Provided further, That no funds in this or any
other Act may be used to initiate, expand, or extend a multiyear
contract unless the Secretary of Defense has specifically notified the
congressional defense committees in writing thirty days in advance of
contract award that such a contract is in the national interest:
Provided further, That no multiyear contract may be terminated without
ten 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.</DELETED>
<DELETED> Sec. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appropriated
pursuant to section 401 of title 10, United States Code, for
humanitarian and civic assistance costs under chapter 20 of title 10,
United States Code. 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.</DELETED>
<DELETED> Sec. 8010. (a) During fiscal year 2000, 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.</DELETED>
<DELETED> (b) The fiscal year 2001 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2001 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 2001.</DELETED>
<DELETED> (c) Nothing in this section shall be construed to apply to
military (civilian) technicians.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 8013. (a) None of the funds appropriated by this Act
shall be used to make contributions to the Department of Defense
Education Benefits Fund pursuant to section 2006(g) of title 10, United
States Code, representing the normal cost for future benefits under
section 3015(c) of title 38, United States Code, for any member of the
armed services who, on or after the date of the enactment of this Act,
enlists in the armed services for a period of active duty of less than
three years, 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
these limitations shall not apply to members in combat arms skills or
to members who enlist in the armed services on or after July 1, 1989,
under a program continued or established by the Secretary of Defense in
fiscal year 1991 to test the cost-effective use of special recruiting
incentives involving not more than nineteen noncombat arms skills
approved in advance by the Secretary of Defense: Provided further, That
this subsection applies only to active components of the
Army.</DELETED>
<DELETED> (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 subsection
applies only to active components of the Army.</DELETED>
<DELETED> 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 the
enactment of this Act, is performed by more than ten Department of
Defense civilian employees until a most efficient and cost-effective
organization analysis is completed on such activity or function and
certification of the analysis is made to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That this section and subsections (a), (b), and (c) of 10
U.S.C. 2461 shall not apply to a commercial or industrial type function
of the Department of Defense that: (1) is included on the procurement
list established pursuant to section 2 of the Act of June 25, 1938 (41
U.S.C. 47), popularly referred to as the Javits-Wagner-O'Day Act; (2)
is planned to be converted to performance by a qualified nonprofit
agency for the blind or by a qualified nonprofit agency for other
severely handicapped individuals in accordance with that Act; or (3) is
planned to be converted to performance by a qualified firm under 51 per
centum Native American ownership.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program developmental
assistance agreement pursuant to section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C.
2301 note), as amended, under the authority of this provision or any
other transfer authority contained in this Act.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 8019. Notwithstanding any other provision of law,
during the current fiscal year, the Secretary of Defense may, by
executive agreement, establish with host nation governments in NATO
member states a separate account into which such residual value amounts
negotiated in the return of United States military installations in
NATO member states may be deposited, in the currency of the host
nation, in lieu of direct monetary transfers to the United States
Treasury: Provided, That such credits may be utilized only for the
construction of facilities to support United States military forces in
that host nation, or such real property maintenance and base operating
costs that are currently executed through monetary transfers to such
host nations: Provided further, That the Department of Defense's budget
submission for fiscal year 2001 shall identify such sums anticipated in
residual value settlements, and identify such construction, real
property maintenance or base operating costs that shall be funded by
the host nation through such credits: Provided further, That all
military construction projects to be executed from such accounts must
be previously approved in a prior Act of Congress: Provided further,
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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 8024. (a) In addition to the funds provided elsewhere
in this Act, $8,000,000 is appropriated only for incentive payments
authorized by section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544): Provided, That contractors participating in the test
program established by section 854 of Public Law 101-189 (15 U.S.C. 637
note) shall be eligible for the program established by section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544).</DELETED>
<DELETED> Sec. 8025. During the current fiscal year, funds
appropriated or otherwise available for any Federal agency, the
Congress, the judicial branch, or the District of Columbia may be used
for the pay, allowances, and benefits of an employee as defined by
section 2105 of title 5, United States Code, or an individual employed
by the government of the District of Columbia, permanent or temporary
indefinite, who--</DELETED>
<DELETED> (1) is a member of a Reserve component of the
Armed Forces, as described in section 10101 of title 10, United
States Code, or the National Guard, as described in section 101
of title 32, United States Code;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) Federal service under sections 331,
332, 333, or 12406 of title 10, or other provision of
law, as applicable; or</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) requests and is granted--</DELETED>
<DELETED> (A) leave under the authority of this
section; or</DELETED>
<DELETED> (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:</DELETED>
<DELETED>Provided, That any employee who requests leave under
subsection (3)(A) for service described in subsection (2) of this
section is entitled to such leave, subject to the provisions of this
section and of the last sentence of section 6323(b) of title 5, and
such leave shall be considered leave under section 6323(b) of title 5,
United States Code.</DELETED>
<DELETED> Sec. 8026. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to the provisions
of OMB Circular A-76 if the study being performed exceeds a period of
24 months after initiation of such study with respect to a single
function activity or 48 months after initiation of such study for a
multi-function activity.</DELETED>
<DELETED> Sec. 8027. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national or
international political or psychological activities.</DELETED>
<DELETED> Sec. 8028. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.</DELETED>
<DELETED> Sec. 8029. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC-130 Weather Reconnaissance
mission below the levels funded in this Act.</DELETED>
<DELETED> Sec. 8030. (a) Of the funds for the procurement of
supplies or services appropriated by this Act, qualified nonprofit
agencies for the blind or other severely handicapped shall be afforded
the maximum practicable opportunity to participate as subcontractors
and suppliers in the performance of contracts let by the Department of
Defense.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> Sec. 8031. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant to section
1095 of title 10, United States Code, shall be made available to the
local facility of the uniformed services responsible for the
collections and shall be over and above the facility's direct budget
amount.</DELETED>
<DELETED> Sec. 8032. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such
obligations.</DELETED>
<DELETED> Sec. 8033. Of the funds made available in this Act, not
less than $26,588,000 shall be available for the Civil Air Patrol
Corporation, of which $22,888,000 shall be available for Civil Air
Patrol Corporation operation and maintenance to support readiness
activities which includes $1,418,000 for the Civil Air Patrol
counterdrug program: Provided, That funds identified for ``Civil Air
Patrol'' under this section are intended for and shall be for the
exclusive use of the Civil Air Patrol Corporation and not for the Air
Force or any unit thereof.</DELETED>
<DELETED> Sec. 8034. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.</DELETED>
<DELETED> (b) No member of a Board of Directors, Trustees,
Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year: Provided,
That a member of any such entity referred to previously in this
subsection shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in the
performance of membership duties.</DELETED>
<DELETED> (c) Notwithstanding any other provision of law, none of
the funds available to the department from any source during fiscal
year 2000 may be used by a defense FFRDC, through a fee or other
payment mechanism, for construction of new buildings, for payment of
cost sharing for projects funded by government grants, for absorption
of contract overruns, or for certain charitable contributions, not to
include employee participation in community service and/or
development.</DELETED>
<DELETED> (d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2000, 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.</DELETED>
<DELETED> (e) Within 60 days after the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report presenting the specific amounts of staff years of
technical effort to be allocated by the department for each defense
FFRDC during fiscal year 2000: Provided, That, after the submission of
the report required by this subsection, the department may not
reallocate more than 5 per centum of an FFRDC's staff years among other
defense FFRDCs until 30 days after a detailed justification for any
such reallocation is submitted to the congressional defense
committees.</DELETED>
<DELETED> (f) The Secretary of Defense shall, with the submission of
the department's fiscal year 2001 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.</DELETED>
<DELETED> (g) Notwithstanding any other provision of law, none of
the reductions for advisory and assistance services contained in this
Act shall be applied to defense FFRDCs.</DELETED>
<DELETED> Sec. 8035. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted and
rolled in the United States or Canada: Provided, That these procurement
restrictions shall apply to any and all Federal Supply Class 9515,
American Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military department
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national security
purposes: Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of this
Act.</DELETED>
<DELETED> Sec. 8036. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services 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 Defense of the Committee on
Appropriations of the House of Representatives.</DELETED>
<DELETED> Sec. 8037. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and repair
of aircraft, vehicles and vessels as well as the production of
components and other Defense-related articles, through competition
between Department of Defense depot maintenance activities and private
firms: Provided, 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.</DELETED>
<DELETED> Sec. 8038. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative, determines
that a foreign country which is party to an agreement described in
paragraph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States that
are covered by the agreement, the Secretary of Defense shall rescind
the Secretary's blanket waiver of the Buy American Act with respect to
such types of products produced in that foreign country.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) The Secretary of Defense shall submit to Congress a
report on the amount of Department of Defense purchases from foreign
entities in fiscal year 2000. 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.</DELETED>
<DELETED> (c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments for the
fiscal year ending June 30, 1934, and for other purposes'', approved
March 3, 1933 (41 U.S.C. 10a et seq.).</DELETED>
<DELETED> Sec. 8039. Appropriations contained in this Act that
remain available at the end of the current fiscal year as a result of
energy cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 8040. Amounts deposited during the current fiscal
year to the special account established under 40 U.S.C. 485(h)(2) and
to the special account established under 10 U.S.C. 2667(d)(1) are
appropriated and shall be available until transferred by the Secretary
of Defense to current applicable appropriations or funds of the
Department of Defense under the terms and conditions specified by 40
U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged
with and to be available for the same time period and the same purposes
as the appropriation to which transferred.</DELETED>
<DELETED> Sec. 8041. During the current fiscal year, appropriations
available to the Department of Defense may be used to reimburse a
member of a reserve component of the Armed Forces who is not otherwise
entitled to travel and transportation allowances and who occupies
transient government housing while performing active duty for training
or inactive duty training: Provided, That such members may be provided
lodging in kind if transient government quarters are unavailable as if
the member was entitled to such allowances under subsection (a) of
section 404 of title 37, United States Code: Provided further, That if
lodging in kind is provided, any authorized service charge or cost of
such lodging may be paid directly from funds appropriated for operation
and maintenance of the reserve component of the member
concerned.</DELETED>
<DELETED> Sec. 8042. The President shall include with each budget
for a fiscal year submitted to the Congress under section 1105 of title
31, United States Code, materials that shall identify clearly and
separately the amounts requested in the budget for appropriation for
that fiscal year for salaries and expenses related to administrative
activities of the Department of Defense, the military departments, and
the Defense agencies.</DELETED>
<DELETED> Sec. 8043. Notwithstanding any other provision of law,
funds available for ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be obligated for the Young Marines program.</DELETED>
<DELETED> Sec. 8044. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military Facility
Investment Recovery Account established by section 2921(c)(1) of the
National Defense Authorization Act of 1991 (Public Law 101-510; 10
U.S.C. 2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.</DELETED>
<DELETED> Sec. 8045. Of the funds appropriated or otherwise made
available by this Act, not more than $119,200,000 shall be available
for payment of the operating costs of NATO Headquarters: Provided, That
the Secretary of Defense may waive this section for Department of
Defense support provided to NATO forces in and around the former
Yugoslavia.</DELETED>
<DELETED> Sec. 8046. During the current fiscal year, appropriations
which are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $100,000.</DELETED>
<DELETED> Sec. 8047. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.</DELETED>
<DELETED> (b) The fiscal year 2001 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2001 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 2001 procurement appropriation and not in the
supply management business area or any other area or category of the
Department of Defense Working Capital Funds.</DELETED>
<DELETED> Sec. 8048. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2001: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended.</DELETED>
<DELETED> Sec. 8049. 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.</DELETED>
<DELETED> Sec. 8050. Of the funds appropriated by the Department of
Defense under the heading ``Operation and Maintenance, Defense-Wide'',
not less than $8,000,000 shall be made available only for the
mitigation of environmental impacts, including training and technical
assistance to tribes, related administrative support, the gathering of
information, documenting of environmental damage, and developing a
system for prioritization of mitigation and cost to complete estimates
for mitigation, on Indian lands resulting from Department of Defense
activities.</DELETED>
<DELETED> Sec. 8051. Amounts collected for the use of the facilities
of the National Science Center for Communications and Electronics
during the current fiscal year pursuant to section 1459(g) of the
Department of Defense Authorization Act, 1986, and deposited to the
special account established under subsection 1459(g)(2) of that Act are
appropriated and shall be available until expended for the operation
and maintenance of the Center as provided for in subsection
1459(g)(2).</DELETED>
<DELETED> Sec. 8052. None of the funds appropriated in this Act may
be used to fill the commander's position at any military medical
facility with a health care professional unless the prospective
candidate can demonstrate professional administrative skills.</DELETED>
<DELETED> Sec. 8053. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless the
entity, in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30, 1934,
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).</DELETED>
<DELETED> (b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing a ``Made
in America'' inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United States
Code, whether the person should be debarred from contracting with the
Department of Defense.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 8054. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or consulting
services entered into without competition on the basis of an
unsolicited proposal unless the head of the activity responsible for
the procurement determines--</DELETED>
<DELETED> (1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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:</DELETED>
<DELETED>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.</DELETED>
<DELETED> Sec. 8055. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used--
</DELETED>
<DELETED> (1) to establish a field operating agency;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) This section does not apply to field operating
agencies funded within the National Foreign Intelligence
Program.</DELETED>
<DELETED> Sec. 8056. Funds appropriated by this Act and in Public
Law 105-277, or made available by the transfer of funds in this Act and
in Public Law 105-277 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
2000 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2000.</DELETED>
<DELETED> Sec. 8057. Notwithstanding section 303 of Public Law 96-
487 or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air Facility,
Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, industrial
or other purposes: Provided, That notwithstanding any other provision
of law, the Secretary of the Navy may remove hazardous materials from
facilities, buildings, and structures at Adak, Alaska, and may demolish
or otherwise dispose of such facilities, buildings, and structures:
Provided further, That notwithstanding any other provision of law, not
more than $4,650,000 of the funds provided under the heading
``Operation and Maintenance, Army'' in title II of this Act shall be
available to the Secretary of the Army, acting through the Chief of
Engineers, only for demolition and removal of facilities, buildings,
and structures formerly used as a District Headquarters Office by the
Corps of Engineers (Northwest Division, CENWW, Washington State), as
described in the study conducted regarding the headquarters pursuant to
the Energy and Water Development Appropriations Act, 1992 (Public Law
102-104; 105 Stat. 511).</DELETED>
<DELETED>(rescissions)</DELETED>
<DELETED> Sec. 8058. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded as of the
date of the enactment of this Act, or October 1, 1999, whichever is
later, from the following accounts and programs in the specified
amounts:</DELETED>
<DELETED> ``Other Procurement, Navy, 1998/2000'',
$6,384,000;</DELETED>
<DELETED> ``Aircraft Procurement, Air Force, 1998/2000'',
$26,100,000;</DELETED>
<DELETED> ``Missile Procurement, Air Force, 1998/2000'',
$100,000,000;</DELETED>
<DELETED> ``Other Procurement, Army, 1999/2001'',
$20,700,000;</DELETED>
<DELETED> ``Aircraft Procurement, Navy, 1999/2001'',
$62,500,000;</DELETED>
<DELETED> ``Weapons Procurement, Navy, 1999/2001'',
$8,000,000;</DELETED>
<DELETED> Under the heading, ``Shipbuilding and Conversion,
Navy, 1999/2003'':</DELETED>
<DELETED> New Attack Submarine,
$35,000,000;</DELETED>
<DELETED> CVN-69, $11,400,000;</DELETED>
<DELETED> ``Other Procurement, Navy, 1999/2001'',
$16,353,000;</DELETED>
<DELETED> ``Aircraft Procurement, Air Force, 1999/2001'',
$81,229,000;</DELETED>
<DELETED> ``Missile Procurement, Air Force, 1999/2001'',
$155,500,000;</DELETED>
<DELETED> ``Research, Development, Test and Evaluation,
Army, 1999/2000'', $16,400,000;</DELETED>
<DELETED> ``Research, Development, Test and Evaluation, Air
Force, 1999/2000'', $49,921,000; and</DELETED>
<DELETED> ``Research, Development, Test and Evaluation,
Defense-Wide, 1999/2000'', $23,500,000.</DELETED>
<DELETED> Sec. 8059. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian)
technicians of the 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.</DELETED>
<DELETED> Sec. 8060. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for assistance
to the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.</DELETED>
<DELETED> Sec. 8061. During the current fiscal year, funds
appropriated in this Act are available to compensate members of the
National Guard for duty performed pursuant to a plan submitted by a
Governor of a State and approved by the Secretary of Defense under
section 112 of title 32, United States Code: Provided, That during the
performance of such duty, the members of the National Guard shall be
under State command and control: Provided further, That such duty shall
be treated as full-time National Guard duty for purposes of sections
12602(a)(2) and (b)(2) of title 10, United States Code.</DELETED>
<DELETED> Sec. 8062. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Unified and Specified
Commands and Defense Agencies shall be available for reimbursement of
pay, allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when members
of the National Guard and Reserve provide intelligence or
counterintelligence support to Unified Commands, Defense Agencies and
Joint Intelligence Activities, including the activities and programs
included within the National Foreign Intelligence Program (NFIP), the
Joint Military Intelligence Program (JMIP), and the Tactical
Intelligence and Related Activities (TIARA) aggregate: Provided, That
nothing in this section authorizes deviation from established Reserve
and National Guard personnel and training procedures.</DELETED>
<DELETED> Sec. 8063. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the civilian
medical and medical support personnel assigned to military treatment
facilities below the September 30, 1999 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.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 8064. (a) 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 $1,222,000,000.</DELETED>
<DELETED> (b) The Secretary shall, in conjunction with the Pentagon
Renovation, design and construct secure secretarial offices and support
facilities and security-related changes to the subway entrance at the
Pentagon Reservation.</DELETED>
<DELETED> Sec. 8065. (a) None of the funds available to the
Department of Defense for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.</DELETED>
<DELETED> (b) None of the funds available to the Central
Intelligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> Sec. 8066. Appropriations available in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' for increasing
energy and water efficiency in Federal buildings may, during their
period of availability, be transferred to other appropriations or funds
of the Department of Defense for projects related to increasing energy
and water efficiency, to be merged with and to be available for the
same general purposes, and for the same time period, as the
appropriation or fund to which transferred.</DELETED>
<DELETED> Sec. 8067. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Provided,
That the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.</DELETED>
<DELETED> Sec. 8068. Notwithstanding any other provision of law,
funds available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa: Provided, That
notwithstanding any other provision of law, funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.</DELETED>
<DELETED> Sec. 8069. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the United
States, unless the Secretary of Defense certifies to the congressional
defense committees that such an acquisition must be made in order to
acquire capability for national security purposes that is not available
from United States manufacturers.</DELETED>
<DELETED> Sec. 8070. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to participate
in any manufacturing extension program financed by funds appropriated
in this or any other Act.</DELETED>
<DELETED> Sec. 8071. Notwithstanding any other provision of law,
each contract awarded by the Department of Defense during the current
fiscal year for construction or service performed in whole or in part
in a State (as defined in section 381(d) of title 10, United States
Code) 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.</DELETED>
<DELETED> Sec. 8072. During the current fiscal year, the Army shall
use the former George Air Force Base as the airhead for the National
Training Center at Fort Irwin: Provided, That none of the funds in this
Act shall be obligated or expended to transport Army personnel into
Edwards Air Force Base for training rotations at the National Training
Center.</DELETED>
<DELETED> Sec. 8073. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense committees, the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate setting forth all
costs (including incremental costs) incurred by the Department of
Defense during the preceding quarter in implementing or supporting
resolutions of the United Nations Security Council, including any such
resolution calling for international sanctions, international
peacekeeping operations, and humanitarian missions undertaken by the
Department of Defense. The quarterly report shall include an aggregate
of all such Department of Defense costs by operation or
mission.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 8074. (a) Limitation on Transfer of Defense Articles
and Services.--Notwithstanding any other provision of law, none of the
funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.</DELETED>
<DELETED> (b) Covered Activities.--This section applies to--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.</DELETED>
<DELETED> (c) Required Notice.--A notice under subsection (a) shall
include the following:</DELETED>
<DELETED> (1) A description of the equipment, supplies, or
services to be transferred.</DELETED>
<DELETED> (2) A statement of the value of the equipment,
supplies, or services to be transferred.</DELETED>
<DELETED> (3) In the case of a proposed transfer of
equipment or supplies--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 8075. To the extent authorized by subchapter VI of
chapter 148 of title 10, United States Code, the Secretary of Defense
may 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 Secretary shall provide quarterly reports to the
Committees on Appropriations, Armed Services and Foreign Relations of
the Senate and the Committees on Appropriations, Armed Services and
International Relations in the House of Representatives on the
implementation of this program: Provided further, That amounts charged
for administrative fees and deposited to the special account provided
for under section 2540c(d) of title 10, shall be available for paying
the costs of administrative expenses of the Department of Defense that
are attributable to the loan guarantee program under subchapter VI of
chapter 148 of title 10, United States Code.</DELETED>
<DELETED> Sec. 8076. None of the funds available to the Department
of Defense shall be obligated or expended to make a financial
contribution to the United Nations for the cost of an United Nations
peacekeeping activity (whether pursuant to assessment or a voluntary
contribution) or for payment of any United States arrearage to the
United Nations.</DELETED>
<DELETED> Sec. 8077. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--</DELETED>
<DELETED> (1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor to the
employee; and</DELETED>
<DELETED> (2) such bonus is part of restructuring costs
associated with a business combination.</DELETED>
<DELETED> Sec. 8078. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or provide for the
transportation of chemical munitions or agents to the Johnston Atoll
for the purpose of storing or demilitarizing such munitions or
agents.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) The President may suspend the application of
subsection (a) during a period of war in which the United States is a
party.</DELETED>
<DELETED> Sec. 8079. None of the funds provided in title II of this
Act for ``Former Soviet Union Threat Reduction'' may be obligated or
expended to finance housing for any individual who was a member of the
military forces of the Soviet Union or for any individual who is or was
a member of the military forces of the Russian Federation.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 8080. During the current fiscal year, no more than
$5,000,000 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.</DELETED>
<DELETED> Sec. 8081. 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.</DELETED>
<DELETED> Sec. 8082. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States Code,
and which has a negative unliquidated or unexpended balance, an
obligation or an adjustment of an obligation may be charged to any
current appropriation account for the same purpose as the expired or
closed account if--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> Sec. 8083. Upon enactment of this Act, the Secretary of
Defense shall make the following transfers of funds: Provided, That the
amounts transferred shall be available for the same purposes as the
appropriations to which transferred, and for the same time period as
the appropriation from which transferred: Provided further, That the
amounts shall be transferred between the following appropriations in
the amount specified:</DELETED>
<DELETED> From:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1988/2001'':</DELETED>
<DELETED> SSN-688 attack submarine program,
$6,585,000;</DELETED>
<DELETED> CG-47 cruiser program,
$12,100,000;</DELETED>
<DELETED> Aircraft carrier service life
extension program, $202,000;</DELETED>
<DELETED> LHD-1 amphibious assault ship
program, $2,311,000;</DELETED>
<DELETED> LSD-41 cargo variant ship program,
$566,000;</DELETED>
<DELETED> T-AO fleet oiler program,
$3,494,000;</DELETED>
<DELETED> AO conversion program,
$133,000;</DELETED>
<DELETED> Craft, outfitting, and post
delivery, $1,688,000;</DELETED>
<DELETED> To:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1995/2001'':</DELETED>
<DELETED> DDG-51 destroyer program,
$27,079,000;</DELETED>
<DELETED> From:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1989/2000'':</DELETED>
<DELETED> DDG-51 destroyer program,
$13,200,000;</DELETED>
<DELETED> Aircraft carrier service life
extension program, $186,000;</DELETED>
<DELETED> LHD-1 amphibious assault ship
program, $3,621,000;</DELETED>
<DELETED> LCAC landing craft, air cushioned
program, $1,313,000;</DELETED>
<DELETED> T-AO fleet oiler program,
$258,000;</DELETED>
<DELETED> AOE combat support ship program,
$1,078,000;</DELETED>
<DELETED> AO conversion program,
$881,000;</DELETED>
<DELETED> T-AGOS drug interdiction
conversion, $407,000;</DELETED>
<DELETED> Outfitting and post delivery,
$219,000;</DELETED>
<DELETED> To:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1996/2000'':</DELETED>
<DELETED> LPD-17 amphibious transport dock
ship, $21,163,000;</DELETED>
<DELETED> From:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1990/2002'':</DELETED>
<DELETED> SSN-688 attack submarine program,
$5,606,000;</DELETED>
<DELETED> DDG-51 destroyer program,
$6,000,000;</DELETED>
<DELETED> ENTERPRISE refueling/modernization
program, $2,306,000;</DELETED>
<DELETED> LHD-1 amphibious assault ship
program, $183,000;</DELETED>
<DELETED> LSD-41 dock landing ship cargo
variant program, $501,000;</DELETED>
<DELETED> LCAC landing craft, air cushioned
program, $345,000;</DELETED>
<DELETED> MCM mine countermeasures program,
$1,369,000;</DELETED>
<DELETED> Moored training ship demonstration
program, $1,906,000;</DELETED>
<DELETED> Oceanographic ship program,
$1,296,000;</DELETED>
<DELETED> AOE combat support ship program,
$4,086,000;</DELETED>
<DELETED> AO conversion program,
$143,000;</DELETED>
<DELETED> Craft, outfitting, post delivery,
and ship special support equipment,
$1,209,000;</DELETED>
<DELETED> To:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1990/2002'':</DELETED>
<DELETED> T-AGOS surveillance ship program,
$5,000,000;</DELETED>
<DELETED> Coast Guard icebreaker program,
$8,153,000;</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1996/2002'':</DELETED>
<DELETED> LPD-17 amphibious transport dock
ship, $7,192,000;</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1998/2002'':</DELETED>
<DELETED> CVN refuelings,
$4,605,000;</DELETED>
<DELETED> From:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1991/2001'':</DELETED>
<DELETED> SSN-21(AP) attack submarine
program, $1,614,000;</DELETED>
<DELETED> LHD-1 amphibious assault ship
program, $5,647,000;</DELETED>
<DELETED> LSD-41 dock landing ship cargo
variant program, $1,389,000;</DELETED>
<DELETED> LCAC landing craft, air cushioned
program, $330,000;</DELETED>
<DELETED> AOE combat support ship program,
$1,435,000;</DELETED>
<DELETED> To:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1998/2001'':</DELETED>
<DELETED> CVN refuelings,
$10,415,000;</DELETED>
<DELETED> From:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1992/2001'':</DELETED>
<DELETED> SSN-21 attack submarine program,
$11,983,000;</DELETED>
<DELETED> Craft, outfitting, post delivery,
and DBOF transfer, $836,000;</DELETED>
<DELETED> Escalation, $5,378,000;</DELETED>
<DELETED> To:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1998/2001'':</DELETED>
<DELETED> CVN refuelings,
$18,197,000;</DELETED>
<DELETED> From:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1993/2002'':</DELETED>
<DELETED> Carrier replacement program (AP),
$30,332,000;</DELETED>
<DELETED> LSD-41 cargo variant ship program,
$676,000;</DELETED>
<DELETED> AOE combat support ship program,
$2,066,000;</DELETED>
<DELETED> Craft, outfitting, post delivery,
and first destination transportation, and
inflation adjustments, $2,127,000;</DELETED>
<DELETED> To:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1998/2002'':</DELETED>
<DELETED> CVN refuelings,
$29,844,000;</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1999/2002'':</DELETED>
<DELETED> Craft, outfitting, post delivery,
conversions, and first destination
transportation, $5,357,000;</DELETED>
<DELETED> From:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1994/2003'':</DELETED>
<DELETED> LHD-1 amphibious assault ship
program, $23,900,000;</DELETED>
<DELETED> Oceanographic ship program,
$9,000;</DELETED>
<DELETED> To:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1994/2003'':</DELETED>
<DELETED> DDG-51 destroyer program,
$18,349,000;</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1995/1999'':</DELETED>
<DELETED> DDG-51 destroyer program,
$5,383,000;</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1996/2000'':</DELETED>
<DELETED> LPD-17 amphibious transport dock
ship, $168,000;</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1999/2003'':</DELETED>
<DELETED> Craft, outfitting, post delivery,
conversions, and first destination
transportation, $9,000;</DELETED>
<DELETED> From:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1996/2000'':</DELETED>
<DELETED> SSN-21 attack submarine program,
$10,100,000;</DELETED>
<DELETED> LHD-1 amphibious assault ship
program, $7,100,000;</DELETED>
<DELETED> To:</DELETED>
<DELETED> Under the heading, ``Shipbuilding and
Conversion, Navy, 1996/2000'':</DELETED>
<DELETED> DDG-51 destroyer program,
$3,723,000;</DELETED>
<DELETED> LPD-17 amphibious transport dock
ship, $13,477,000;</DELETED>
<DELETED> From:</DELETED>
<DELETED> Under the heading, ``National Defense
Sealift Fund, 1996'':</DELETED>
<DELETED> Defense features,
$30,000,000;</DELETED>
<DELETED> Under the heading, ``National Defense
Sealift Fund, 1999'':</DELETED>
<DELETED> Research, development, test and
evaluation, $8,000,000;</DELETED>
<DELETED> To:</DELETED>
<DELETED> Under the heading, ``National Defense
Sealift Fund, 1997'':</DELETED>
<DELETED> Maritime pre-positioning force
enhancement, $38,000,000.</DELETED>
<DELETED> Sec. 8084. The Under Secretary of Defense (Comptroller)
shall submit to the congressional defense committees by February 1,
2000, 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 2001 budget request was reduced because Congress
appropriated funds above the President's budget request for that
specific activity for fiscal year 2000.</DELETED>
<DELETED> Sec. 8085. Funds appropriated in title II of this Act and
for the Defense Health Program in title VI 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.</DELETED>
<DELETED> Sec. 8086. The Secretary of Defense may waive
reimbursement of the cost of conferences, seminars, courses of
instruction, or similar educational activities of the Asia-Pacific
Center for Security Studies for military officers and civilian
officials of foreign nations if the Secretary determines that
attendance by such personnel, without reimbursement, is in the national
security interest of the United States: Provided, That costs for which
reimbursement is waived pursuant to this subsection shall be paid from
appropriations available for the Asia-Pacific Center.</DELETED>
<DELETED> Sec. 8087. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of equipment
of the National Guard Distance Learning Project by any person or entity
on a space-available, reimbursable basis. The Chief of the National
Guard Bureau shall establish the amount of reimbursement for such use
on a case-by-case basis.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 8088. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination under
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished heat may be obtained from private,
regional or municipal services, if provisions are included for the
consideration of United States coal as an energy source.</DELETED>
<DELETED> Sec. 8089. 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.</DELETED>
<DELETED> Sec. 8090. 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.</DELETED>
<DELETED>(rescissions)</DELETED>
<DELETED> Sec. 8091. Of the funds provided in the Department of
Defense Appropriations Act, 1999 (Public Law 105-262), $452,100,000, to
reflect savings from revised economic assumptions, is hereby rescinded
as of the date of enactment of this Act, or October 1, 1999, whichever
is later, from the following accounts in the specified
amounts:</DELETED>
<DELETED> ``Aircraft Procurement, Army'',
$8,000,000;</DELETED>
<DELETED> ``Missile Procurement, Army'',
$7,000,000;</DELETED>
<DELETED> ``Procurement of Weapons and Tracked Combat
Vehicles, Army'', $9,000,000;</DELETED>
<DELETED> ``Procurement of Ammunition, Army'',
$6,000,000;</DELETED>
<DELETED> ``Other Procurement, Army'',
$19,000,000;</DELETED>
<DELETED> ``Aircraft Procurement, Navy'',
$44,000,000;</DELETED>
<DELETED> ``Weapons Procurement, Navy'',
$8,000,000;</DELETED>
<DELETED> ``Procurement of Ammunition, Navy and Marine
Corps'', $3,000,000;</DELETED>
<DELETED> ``Shipbuilding and Conversion, Navy'',
$37,000,000;</DELETED>
<DELETED> ``Other Procurement, Navy'',
$23,000,000;</DELETED>
<DELETED> ``Procurement, Marine Corps'',
$5,000,000;</DELETED>
<DELETED> ``Aircraft Procurement, Air Force'',
$46,000,000;</DELETED>
<DELETED> ``Missile Procurement, Air Force'',
$14,000,000;</DELETED>
<DELETED> ``Procurement of Ammunition, Air Force'',
$2,000,000;</DELETED>
<DELETED> ``Other Procurement, Air Force'',
$44,400,000;</DELETED>
<DELETED> ``Procurement, Defense-Wide'',
$5,200,000;</DELETED>
<DELETED> ``Chemical Agents and Munitions Destruction,
Army'', $5,000,000;</DELETED>
<DELETED> ``Research, Development, Test and Evaluation,
Army'', $20,000,000;</DELETED>
<DELETED> ``Research, Development, Test and Evaluation,
Navy'', $40,900,000;</DELETED>
<DELETED> ``Research, Development, Test and Evaluation, Air
Force'', $76,900,000; and</DELETED>
<DELETED> ``Research, Development, Test and Evaluation,
Defense-Wide'', $28,700,000:</DELETED>
<DELETED>Provided, That these reductions shall be applied
proportionally to each budget activity, activity group and subactivity
group and each program, project, and activity within each appropriation
account.</DELETED>
<DELETED> Sec. 8092. The budget of the President for fiscal year
2001 submitted to Congress pursuant to section 1105 of title 31, United
States Code, and each annual budget request thereafter, shall include
budget activity groups (known as ``subactivities'') in all
appropriations accounts provided in this Act, as may be necessary, to
separately identify all costs incurred by the Department of Defense to
support the North Atlantic Treaty Organization and all Partnership For
Peace programs and initiatives. The budget justification materials
submitted to Congress in support of the budget of the Department of
Defense for fiscal year 2001, and subsequent fiscal years, shall
provide complete, detailed estimates for all such costs.</DELETED>
<DELETED> Sec. 8093. 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.</DELETED>
<DELETED> Sec. 8094. (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.</DELETED>
<DELETED> (b) Subsection (a) applies with respect to--</DELETED>
<DELETED> (1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Subsection (a) does not apply to a limitation
regarding construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section 11
(chapters 50-65) of the Harmonized Tariff Schedule and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.</DELETED>
<DELETED> Sec. 8095. Funds made available to the Civil Air Patrol in
this Act under the heading ``Drug Interdiction and Counter-Drug
Activities, Defense'' may be used for the Civil Air Patrol
Corporation's counterdrug program, including its demand reduction
program involving youth programs, as well as operational and training
drug reconnaissance missions for Federal, State and local government
agencies; for administrative costs, including the hiring of Civil Air
Patrol Corporation employees; for travel and per diem expenses of Civil
Air Patrol Corporation personnel in support of those missions; and for
equipment needed for mission support or performance: Provided, That of
these funds, $300,000 shall be made available to establish and operate
a distance learning program: Provided further, That the Department of
the Air Force should waive reimbursement from the Federal, State and
local government agencies for the use of these funds.</DELETED>
<DELETED> Sec. 8096. Notwithstanding any other provision of law, the
TRICARE managed care support contracts in effect, or in final stages of
acquisition as of September 30, 1999, may be extended for two years:
Provided, That any such extension may only take place if the Secretary
of Defense determines that it is in the best interest of the
Government: Provided further, That any contract extension shall be
based on the price in the final best and final offer for the last year
of the existing contract as adjusted for inflation and other factors
mutually agreed to by the contractor and the Government: Provided
further, That notwithstanding any other provision of law, all future
TRICARE managed care support contracts replacing contracts in effect,
or in the final stages of acquisition as of September 30, 1999, may
include a base contract period for transition and up to seven one-year
option periods.</DELETED>
<DELETED> Sec. 8097. None of the funds in this Act may be used to
compensate an employee of the Department of Defense who initiates a new
start program without notification to the Office of the Secretary of
Defense, the Office of Management and Budget, and the congressional
defense committees, as required by Department of Defense financial
management regulations.</DELETED>
<DELETED> Sec. 8098. section 8118 of the Department of Defense
Appropriations Act, 1999 (Public Law 105-262; 112 Stat. 2331; 10 U.S.C.
2241 note) is amended by striking ``convicted'' and inserting
``debarred by the Department of Defense based upon a
conviction''.</DELETED>
<DELETED> Sec. 8099. In addition to the amounts provided elsewhere
in this Act, notwithstanding any other provision of law, $5,000,000 is
hereby appropriated to the Office of the Secretary of Defense, and is
available only for a grant to the Women in Military Service for America
Memorial Foundation, Inc., only for costs associated with completion of
the ``Women in Military Service For America'' memorial at Arlington
National Cemetery.</DELETED>
<DELETED>training and other programs</DELETED>
<DELETED> Sec. 8100. (a) Prohibition.--None of the funds made
available by this Act may be used to support any training program
involving a unit of the security forces of a foreign country if the
Secretary of Defense has received credible information from the
Department of State that the unit has committed a gross violation of
human rights, unless all necessary corrective steps have been
taken.</DELETED>
<DELETED> (b) Monitoring.--The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a), full
consideration is given to all credible information available to the
Department of State relating to human rights violations by foreign
security forces.</DELETED>
<DELETED> (c) Waiver.--The Secretary of Defense, after consultation
with the Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by extraordinary
circumstances.</DELETED>
<DELETED> Sec. 8101. Notwithstanding any other provision in this
Act, the total amount appropriated in this Act is hereby reduced by
$171,000,000 to reflect savings from favorable foreign currency
fluctuations, to be distributed as follows:</DELETED>
<DELETED> ``Military Personnel, Army'',
$19,100,000;</DELETED>
<DELETED> ``Military Personnel, Navy'',
$2,200,000;</DELETED>
<DELETED> ``Military Personnel, Air Force'',
$9,900,000;</DELETED>
<DELETED> ``Operation and Maintenance, Army'',
$80,700,000;</DELETED>
<DELETED> ``Operation and Maintenance, Navy'',
$13,700,000;</DELETED>
<DELETED> ``Operation and Maintenance, Air Force,''
$26,900,000;</DELETED>
<DELETED> ``Operation and Maintenance, Defense-Wide'',
$8,700,000; and</DELETED>
<DELETED> ``Defense Health Program'', $9,800,000.</DELETED>
<DELETED> Sec. 8102. Notwithstanding any other provision of law, the
Secretary of Defense may retain all or a portion of the family housing
at Fort Buchanan, Puerto Rico, as the Secretary deems necessary to meet
military family housing needs arising out of the relocation of elements
of the United States Army South to Fort Buchanan.</DELETED>
<DELETED>u.s. army national training center access and training
enhancements</DELETED>
<DELETED> Sec. 8103. From within amounts made available in title II
of this Act, under the heading ``Operation and Maintenance, Army'', and
notwithstanding any other provision of law, $12,500,000 shall be
available only for repairs and safety improvements to the segment of
Fort Irwin Road which extends from Interstate 15 northeast toward the
boundary of Fort Irwin, California and the originating intersection of
Irwin Road: Provided, That these funds shall remain available until
expended: Provided further, That the authorized scope of work includes,
but is not limited to, environmental documentation and mitigation,
engineering and design, improving safety, resurfacing, widening lanes,
and replacing signs and pavement markings: Provided further, That these
funds may be used for advances to the Federal Highway Administration,
Department of Transportation, for the authorized scope of
work.</DELETED>
<DELETED> Sec. 8104. Funds appropriated to the Department of the
Navy in title II of this Act may be available to replace lost and
canceled Treasury checks issued to Trans World Airlines in the total
amount of $255,333.24 for which timely claims were filed and for which
detailed supporting records no longer exist.</DELETED>
<DELETED> Sec. 8105. Notwithstanding any other provision of law,
section 112 of Public Law 105-261 shall apply only to phase III of the
Army's second source acquisition strategy for medium tactical
vehicles.</DELETED>
<DELETED> Sec. 8106. None of the funds appropriated or made
available in this Act to the Department of the Navy shall be used to
develop, lease or procure the ADC(X) class of ships unless the main
propulsion diesel engines are manufactured in the United States by a
domestically operated entity: Provided, 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 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 or there exists a significant
cost or quality difference.</DELETED>
<DELETED> Sec. 8107. From within amounts made available in title II
of this Act under the heading ``Operation and Maintenance, Defense-
Wide'', and notwithstanding any other provision of law, $2,500,000
shall be available only for a grant for ``America's Promise--The
Alliance for Youth, Inc.'', only to support, on a dollar-for-dollar
matching basis with non-departmental funds, efforts to mobilize
individuals, groups and organizations to build and strengthen the
character and competence of the Nation's youth.</DELETED>
<DELETED> Sec. 8108. Of the funds made available in this Act, not
less than $47,100,000 shall be available to maintain an attrition
reserve force of 23 B-52 aircraft, of which $3,000,000 shall be
available from ``Military Personnel, Air Force'', $34,500,000 shall be
available from ``Operation and Maintenance, Air Force'', and $9,600,000
shall be available from ``Aircraft Procurement, Air Force'': Provided,
That the Secretary of the Air Force shall maintain a total force of 94
B-52 aircraft, including 23 attrition reserve aircraft, during fiscal
year 2000: Provided further, That the Secretary of Defense shall
include in the Air Force budget request for fiscal year 2001 amounts
sufficient to maintain a B-52 force totaling 94 aircraft.</DELETED>
<DELETED> Sec. 8109. Notwithstanding any other provision in this
Act, the total amount appropriated in title II is hereby reduced by
$100,000,000 to reflect savings resulting from reviews of Department of
Defense missions and functions conducted pursuant to Office of
Management and Budget Circular A-76, to be distributed as
follows:</DELETED>
<DELETED> ``Operation and Maintenance, Army'',
$34,300,000;</DELETED>
<DELETED> ``Operation and Maintenance, Navy'',
$22,800,000;</DELETED>
<DELETED> ``Operation and Maintenance, Marine Corps'',
$1,400,000; and</DELETED>
<DELETED> ``Operation and Maintenance, Air Force'',
$41,500,000:</DELETED>
<DELETED>Provided, That none of the funds appropriated or otherwise
made available by this Act may be obligated or expended for the purpose
of contracting out functions directly related to the award of
Department of Defense contracts, oversight of contractors with the
Department of Defense, or the payment of such contractors including,
but not limited to: contracting technical officers, contact
administration officers, accounting and finance officers, and budget
officers.</DELETED>
<DELETED> Sec. 8110. (a) Report on OMB Circular A-76 Reviews of Work
Performed by DOD Employees.--The Secretary of Defense shall submit a
report not later than 90 days after the enactment of this Act which
lists all instances since 1995 in which missions or functions of the
Department of Defense have been reviewed by the Department of Defense
pursuant to OMB Circular A-76. The report shall list the disposition of
each such review and indicate whether the review resulted in the
performance of such missions or functions by Department of Defense
civilian and military personnel, or whether such reviews resulted in
performance by contractors. The report shall include a description of
the types of missions or functions, the locations where the missions or
functions are performed, the name of the contractor performing the work
(if applicable), the cost to perform the missions or functions at the
time the review was conducted, and the current cost to perform the
missions or functions.</DELETED>
<DELETED> (b) Report on OMB Circular A-76 Reviews of Work Performed
by DOD Contractors.--The report shall also identify those instances in
which work performed by a contractor has been converted to performance
by civilian or military employees of the Department of Defense. For
each instance of contracting in, the report shall include a description
of the types of work, the locations where the work was performed, the
name of the contractor that was performing the work, the cost of
contractor performance at the time the work was contracted in, and the
current cost of performance by civilian or military employees of the
Department of Defense. In addition, the report shall include
recommendations for maximizing the possibility of effective public-
private competition for work that has been contracted out.</DELETED>
<DELETED> (c) Comptroller General Review.--Not later than 90 days
after the date on which the Secretary submits the annual report, the
Comptroller General shall submit to the House and Senate Committees on
Appropriations the Comptroller General's views on whether the
Department has complied with the requirements for the report.</DELETED>
<DELETED> Sec. 8111. The budget of the President for fiscal year
2001 submitted to Congress pursuant to section 1105 of title 31, United
States Code, and each annual budget request thereafter, shall include
separate budget justification documents for costs of United States
armed forces' participation in contingency operations for the Military
Personnel accounts, the Procurement accounts, and the Overseas
Contingency Operations Transfer Fund: Provided, That these budget
justification documents shall include a description of the funding
requested for each anticipated contingency operation, for each military
service, to include active duty and Guard and Reserve components, and
for each appropriation account: Provided further, That these documents
shall include estimated costs for each element of expense or object
class, a reconciliation of increases and decreases for ongoing
contingency operations, and programmatic data including, but not
limited to troop strength for each active duty and Guard and Reserve
component, and estimates of the major weapons systems deployed in
support of each contingency.</DELETED>
<DELETED> Sec. 8112. In addition to amounts otherwise appropriated
or made available by this Act, $20,000,000 is appropriated to the Army
National Guard and shall be available only for the purpose of the
procurement or lease of fire-fighting aircraft or systems.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 8113. In addition to amounts appropriated or
otherwise made available in this Act, $50,000,000 is hereby
appropriated, only to initiate and expand activities of the Department
of Defense to prevent, prepare for, and respond to a terrorist attack
in the United States involving weapons of mass destruction: Provided,
That funds made available under this section shall be transferred to
the following accounts:</DELETED>
<DELETED> ``Reserve Personnel, Army'', $2,000,000;</DELETED>
<DELETED> ``National Guard Personnel, Army'',
$4,310,000;</DELETED>
<DELETED> ``National Guard Personnel, Air Force'',
$1,080,000;</DELETED>
<DELETED> ``Operation and Maintenance, Army'',
$12,110,000;</DELETED>
<DELETED> ``Operation and Maintenance, Army National
Guard'', $12,320,000;</DELETED>
<DELETED> ``Other Procurement, Army'', $12,180,000;
and</DELETED>
<DELETED> ``Research, Development, Test and Evaluation,
Army'', $6,000,000:</DELETED>
<DELETED>Provided further, That funds transferred pursuant to this
section shall be merged with and 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 section
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That of the funds transferred
to ``Operation and Maintenance, Army National Guard'', not less than
$3,000,000 shall be made available only to establish cost effective
counter-terrorism training of first responders and concurrent testing
of response apparatus and equipment at the Memorial Tunnel Facility as
part of the WMD Study under the WMD Task Force: Provided further, That
of the funds transferred to ``Operation and Maintenance, Army National
Guard'', not less than $2,000,000 shall be made available only to
support development of a structured undergraduate research program
designed to produce graduates with specialized laboratory training and
scientific skills required by military and industrial laboratories
engaged in combating the threat of biological and chemical terrorism:
Provided further, That of the funds transferred to ``Operation and
Maintenance, Army National Guard'', not less than $3,500,000 shall be
made available only to enhance distance learning technologies and
develop related courseware to provide training for counter-terrorism
and related concerns: Provided further, That of the funds transferred
to ``Research, Development, Test and Evaluation, Army'', not less than
$3,000,000 shall be made available only to continue development and
presentation of advanced distributed learning consequence management
response courses and conventional courses.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 8114. In addition to the amounts made available
elsewhere in this Act, $150,000,000, to remain available until
expended, is hereby appropriated to ``Operation and Maintenance,
Defense-Wide'', only for information assurance programs, to include
protection from non-authorized access to information technology systems
and computer systems, and for related infrastructure expenses:
Provided, That funds under this heading may only be obligated after the
approval of the Deputy Secretary of Defense: Provided further, That
none of the funds provided by this provision may be obligated or
transferred to other appropriations accounts until fifteen days after
the Deputy Secretary of Defense has submitted to the House and Senate
Committees on Appropriations a proposed funding allocation and a plan
for the Department of Defense to achieve information superiority and
information assurance: Provided further, That the Deputy Secretary of
Defense shall provide written notification to the House and Senate
Committees on Appropriations prior to the transfer of any amount in
excess of $10,000,000 to a specific program or project: Provided
further, That funds made available under this heading may be
transferred only to operation and maintenance accounts, procurement
accounts, the Defense Health Program appropriation, and research,
development, test and evaluation accounts: 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 section shall be in addition to the transfer authority
provided to the Department of Defense in this Act or any other
Act.</DELETED>
<DELETED> Sec. 8115. (a) The Secretary of Defense shall, along with
submission of the fiscal year 2001 budget request for the Department of
Defense, submit to the congressional defense committees a report, in
both unclassified and classified versions, which contains an assessment
of the advantages or disadvantages of deploying a ground-based National
Missile Defense system at more than one site.</DELETED>
<DELETED> (b) This report shall include, but not be limited to, an
assessment of the following issues:</DELETED>
<DELETED> (1) The ability of a single site, versus multiple
sites, to counter the expected ballistic missile
threat;</DELETED>
<DELETED> (2) The optimum basing locations for a single and
multiple site National Missile Defense system;</DELETED>
<DELETED> (3) The survivability and redundancy of potential
National Missile Defense systems under a single or multiple
site architecture;</DELETED>
<DELETED> (4) The estimated costs (including development,
construction and infrastructure, and procurement of equipment)
associated with different site deployment options;
and</DELETED>
<DELETED> (5) Other issues bearing on deploying a National
Missile Defense system at one or more sites.</DELETED>
<DELETED> Sec. 8116. The Secretary of the Navy and the Secretary of
the Air Force each shall submit a report to the congressional defense
committees within 90 days of enactment of this Act in both classified
and unclassified form which shall provide a detailed description of the
dedicated aggressor squadrons used to conduct combat flight training
for the Navy, Marine Corps and Air Force covering the period from
fiscal year 1990 through the present. For each year of the specified
time period, each report shall provide a detailed description of the
following: the assets which comprise dedicated aggressor squadrons
including both aircrews, and the types and models of aircraft assigned
to these squadrons; the number of training sorties for all forms of
combat flight training which require aggressor aircraft, and the number
of sorties that the dedicated aggressor squadrons can generate to meet
these requirements; the ratio of the total inventory of attack and
fighter aircraft to the number of aircraft available for dedicated
aggressor squadrons; a comparison of the performance characteristics of
the aircraft assigned to dedicated aggressor squadrons compared to the
performance characteristics of the aircraft they are intended to
represent in training scenarios; an assessment of pilot proficiency by
year from 1986 to the present; Service recommendations to enhance
aggressor squadron proficiency to include number of dedicated aircraft,
equipment, facilities, and personnel; and a plan that proposes
improvements in dissimilar aircraft air combat training.</DELETED>
<DELETED> Sec. 8117. None of the funds appropriated or otherwise
made available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing repairs
or maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business: Provided, That the Department of Defense Office of the
Inspector General shall provide a report to the House and Senate
Committees on Appropriations not later than 60 days after the enactment
of this Act which assesses the compliance of each of the military
services with applicable appropriations law, Office of Management and
Budget circulars, and Undersecretary of Defense (Comptroller)
directives which govern funding for maintenance and repairs to flag
officer quarters: Provided further, That this report shall include an
assessment as to whether there have been violations of the Anti-
Deficiency Act resulting from instances of improper funding of such
maintenance and repair projects.</DELETED>
<DELETED> Sec. 8118. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any advanced
concept technology demonstration project may only be obligated thirty
days after a report, including a description of the project and its
estimated annual and total cost, has been provided in writing to the
congressional defense committees: Provided, That the Secretary of
Defense may waive this restriction on a case-by-case basis by
certifying to the congressional defense committees that it is in the
national interest to do so: Provided further, That none of the funds
appropriated under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'' in the Department of Defense Appropriations
Act, 1999 (Public Law 105-262) are available for the Line of Sight
Anti-Tank Program: Provided further, That of the funds appropriated
under the heading ``Research, Development, Test and Evaluation,
Defense-Wide'' in Public Law 105-262, $10,027,000 shall be available
only for the Air Directed Surface to Air Missile.</DELETED>
<DELETED> Sec. 8119. Notwithstanding any other provision of law,
none of the funds appropriated or otherwise made available by this Act
may be used for concept development, pre-engineering management and
development, engineering management and development, risk reduction,
program office operations, travel of Department of Defense personnel,
or contributions to international cooperative efforts for the Medium
Extended Air Defense System, or successor systems: Provided, That none
of the funds appropriated under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' in the Department of Defense
Appropriations Act, 1999 (Public Law 105-262) are available for the
Medium Extended Air Defense System or successor systems.</DELETED>
<DELETED> Sec. 8120. None of the funds in this Act may be used to
conduct a Defense Acquisition Board oversight review of a major weapon
system acquisition unless the Commander-in-Chief of the United States
Atlantic Command is a fully participating member of the Board which is
conducting the review: Provided, That none of the funds in this Act may
be used for the Defense Acquisition Board to approve a major weapon
system acquisition to proceed into a subsequent phase of development or
production unless the Commander-in-Chief of the United States Atlantic
Command certifies to the congressional defense committees that the
acquisition fully meets joint service interoperability requirements as
determined by the theater Commanders-in-Chief: Provided further, That
no additional funds or personnel beyond those contained in the fiscal
year 2000 President's budget for ongoing United States Atlantic Command
activities are available to support participation by the Commander-in-
Chief of the United States Atlantic Command in Defense Acquisition
Board weapon system reviews.</DELETED>
<DELETED> Sec. 8121. Of the funds appropriated in title II of this
Act under the heading ``Operation and Maintenance, Army'', $250,000
shall be available only for a grant to the Nebraska Game and Parks
Commission for the purpose of locating, identifying the boundaries of,
acquiring, preserving, and memorializing the cemetery site that is
located in close proximity to Fort Atkinson, Nebraska. The Secretary of
the Army shall require as a condition of such grant that the Nebraska
Game and Parks Commission, in carrying out the purposes of which the
grant is made, work in conjunction with the Nebraska State Historical
Society. The grant under this section shall be made without regard to
section 1301 of title 31, United States Code, or any other provision of
law.</DELETED>
<DELETED> Sec. 8122. Notwithstanding any other provision of law, for
the purpose of establishing all Department of Defense policies
governing the provision of care provided by and financed under the
military health care system, the term ``custodial care'' shall be
defined as care designed essentially to assist an individual in meeting
the activities of daily living and which does not require the
supervision of trained medical, nursing, paramedical or other specially
trained individuals.</DELETED>
<DELETED> Sec. 8123. During the current fiscal year--</DELETED>
<DELETED> (1) refunds attributable to the use of the
Government travel card and refunds attributable to official
Government travel arranged by Government Contracted Travel
Management Centers may be credited to operation and maintenance
accounts of the Department of Defense which are current when
the refunds are received; and</DELETED>
<DELETED> (2) refunds attributable to the use of the
Government Purchase Card by military personnel and civilian
employees of the Department of Defense may be credited to
accounts of the Department of Defense that are current when the
refunds are received and that are available for the same
purposes as the accounts originally charged.</DELETED>
<DELETED> Sec. 8124. During the current fiscal year and hereafter,
any Federal grant of funds to an institution of higher education to be
available solely for student financial assistance or related
administrative costs may be used for the purpose for which the grant is
made without regard to any provision to the contrary in section 514 of
the Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 1997 (10 U.S.C. 503 note), or
section 983 of title 10, United States Code.</DELETED>
<DELETED>information technology systems</DELETED>
<DELETED> Sec. 8125. (a) Registering With DOD Chief Information
Officer.--After March 31, 2000, none of the funds appropriated in this
Act may be used for an information technology system that is not
registered with the Chief Information Officer of the Department of
Defense. A system shall be considered to be registered with that
officer upon the furnishing to that officer of notice of the system,
together with such information concerning the system as the Secretary
of Defense may prescribe.</DELETED>
<DELETED> (b) Milestone Certifications to Congressional
Committees.--An information technology system may not receive Milestone
I approval, Milestone II approval, or Milestone III approval until the
Chief Information Officer of the Department of Defense provides to the
congressional defense committees written certification, with respect to
that milestone, that the system is being developed in accordance with
the sections 5122 and 5123 of the Clinger-Cohen Act of 1996 (40 U.S.C.
1422 and 1423). The Chief Information Officer shall include with any
such certification a report providing, at a minimum, the funding
baseline and milestone schedule for the system and confirmation that
the following steps have been taken with respect to the
system:</DELETED>
<DELETED> (1) Business process reengineering.</DELETED>
<DELETED> (2) An analysis of alternatives.</DELETED>
<DELETED> (3) An economic analysis that includes a
calculation of the return on investment.</DELETED>
<DELETED> (4) Performance measures.</DELETED>
<DELETED> (5) Effective information security
measure.</DELETED>
<DELETED> (c) Definitions.--For purposes of this section:</DELETED>
<DELETED> (1) The term ``Chief Information Officer'' means
the senior official of the Department of Defense designated by
the Secretary of Defense pursuant to section 3506 of title 44,
United States Code.</DELETED>
<DELETED> (2) The term ``information technology'' has the
meaning given that term in section 5002 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1401), but does not include a national
security system.</DELETED>
<DELETED> (3) The term ``national security system'' has the
meaning given that term in section 5142 of such Act (40 U.S.C.
1452).</DELETED>
<DELETED> Sec. 8126. During the current fiscal year, none of the
funds available to the Department of Defense may be used to provide
support to another department or agency of the United States if such
department or agency is more than 90 days in arrears in making payment
to the Department of Defense for goods or services previously provided
to such department or agency on a reimbursable basis: Provided, That
this restriction shall not apply if the Department is authorized by law
to provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: 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.</DELETED>
<DELETED> Sec. 8127. (a) Recovery of Certain DOD Administrative
Expenses in Connection With Foreign Military Sales Program.--Charges
for administrative services calculated under section 21(e) of the Arms
Export Control Act (22 U.S.C. 2761(e)) in connection with the sale of
defense articles or defense services shall (notwithstanding paragraph
(3) of section 43(b) of such Act (22 U.S.C. 2792(b)) include recovery
of administrative expenses incurred by the Department of Defense during
fiscal year 2000 that are attributable to (1) salaries of members of
the Armed Forces, and (2) unfunded estimated costs of civilian
retirement and other benefits.</DELETED>
<DELETED> (b) Reimbursement of Applicable Military Personnel
Accounts.--During the current fiscal year, amounts in the Foreign
Military Sales Trust Fund shall be available in an amount not to exceed
$63,000,000 to reimburse the applicable military personnel accounts in
title I of this Act for the value of administrative expenses referred
in subsection (a)(1).</DELETED>
<DELETED> (c) Reductions To Reflect Amounts Expected To Be
Recovered.--(1) The amounts in title I of this Act are hereby reduced
by an aggregate of $63,000,000 (such amount being the amount expected
to be recovered by reason of subsection (a)(1)).</DELETED>
<DELETED> (2) The amounts in title II of this Act are hereby reduced
by an aggregate of $31,000,000 (such amount being that amount expected
to be recovered by reason of subsection (a)(2)).</DELETED>
<DELETED> Sec. 8128. (a) The Communications Act of 1934 is amended
in section 337(b) (47 U.S.C. 337(b)), by deleting paragraph (2). Upon
enactment of this provision, the FCC shall initiate the competitive
bidding process in fiscal year 1999 and shall conduct the competitive
bidding in a manner that ensures that all proceeds of such bidding are
deposited in accordance with section 309(j)(8) of the Act not later
than September 30, 2000. To expedite the assignment by competitive
bidding of the frequencies identified in section 337(a)(2) of the Act,
the rules governing such frequencies shall be effective immediately
upon publication in the Federal Register, notwithstanding 5 U.S.C.
553(d), 801(a)(3), 804(2), and 806(a). Chapter 6 of such title, 15
U.S.C. 632, and 44 U.S.C. 3507 and 3512, shall not apply to the rules
and competitive bidding procedures governing such frequencies.
Notwithstanding section 309(b) of the Act, no application for an
instrument of authorization for such frequencies shall be granted by
the Commission earlier than 7 days following issuance of public notice
by the Commission of the acceptance for filing of such application or
of any substantial amendment thereto. Notwithstanding section 309(d)(1)
of such Act, the Commission may specify a period (no less than 5 days
following issuance of such public notice) for the filing of petitions
to deny any application for an instrument of authorization for such
frequencies.</DELETED>
<DELETED> (b)(1) Not later than 15 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget and the Federal Communications Commission shall each submit to
the appropriate congressional committees a report which shall--
</DELETED>
<DELETED> (A) set forth the anticipated schedule (including
specific dates) for--</DELETED>
<DELETED> (i) preparing and conducting the
competitive bidding process required by subsection (a);
and</DELETED>
<DELETED> (ii) depositing the receipts of the
competitive bidding process;</DELETED>
<DELETED> (B) set forth each signficant milestone in the
rulemaking process with respect to the competitive bidding
process;</DELETED>
<DELETED> (C) include an explanation of the effect of each
requirement in subsection (a) on the schedule for the
competitive bidding process and any post-bidding activities
(including the deposit of receipts) when compared with the
schedule for the competitive bidding and any post-bidding
activities (including the deposit of receipts) that would
otherwise have occurred under section 337(b)(2) of the
Communications Act of 1934 (47 U.S.C. 337(b)(2)) if not for the
enactment of subsection (a);</DELETED>
<DELETED> (D) set forth for each spectrum auction held by
the Federal Communications Commission since 1993 information
on--</DELETED>
<DELETED> (i) the time required for each stage of
preparation for the auction;</DELETED>
<DELETED> (ii) the date of the commencement and of
the completion of the auction;</DELETED>
<DELETED> (iii) the time which elapsed between the
date of the completion of the auction and the date of
the first deposit of receipts from the auction in the
Treasury; and</DELETED>
<DELETED> (iv) the dates of all subsequent deposits
of receipts from the auction in the Treasury;
and</DELETED>
<DELETED> (E) include an assessment of how the stages of the
competitive bidding process required by subsection (a),
including preparation, commencement and completion, and deposit
of receipts, will differ from similar stages in the auctions
referred to in subparagraph (D).</DELETED>
<DELETED> (2) Not later than October 5, 2000, the Director of the
Office of Management and Budget and the Federal Communications
Commission shall each submit to the appropriate congressional
committees the report which shall--</DELETED>
<DELETED> (A) describe the course of the competitive bidding
process required by subsection (a) through September 30, 2000,
including the amount of any receipts from the competitive
bidding process deposited in the Treasury as of September 30,
2000; and</DELETED>
<DELETED> (B) if the course of the competitive bidding
process has included any deviations from the schedule set forth
under paragraph (1)(A), an explanation for such deviations from
the schedule.</DELETED>
<DELETED> (3) The Federal Communications Commission may not consult
with the Director in the preparation and submittal of the reports
required of the Commission by this subsection.</DELETED>
<DELETED> (4) In this subsection, the term ``appropriate
congressional committees'' means the following:</DELETED>
<DELETED> (A) The Committees on Appropriations, the Budget,
and Commerce of the Senate.</DELETED>
<DELETED> (B) The Committees on Appropriations, the Budget,
and Commerce of the House of Representatives.</DELETED>
<DELETED>department of defense report on the conduct of operation
desert fox and operation allied force</DELETED>
<DELETED> Sec. 8129. (a) Report Required.--Not later than January
31, 2000, the Secretary of Defense shall submit to the congressional
defense committees in both classified and unclassified form a report on
the conduct of Operation Desert Fox and Operation Allied Force (also
referred to as Operation Noble Anvil). The Secretary of Defense shall
submit to such committees a preliminary report on the conduct of these
operations not later than October 15, 1999. The report (including the
preliminary report) should be prepared in consultation with the
Chairman of the Joint Chiefs of Staff, the Commander in Chief of the
United States Central Command, and the Commander in Chief of the United
States European Command.</DELETED>
<DELETED> (b) Review of Successes and Deficiencies.--The report
should contain a thorough review of the successes and deficiencies of
these operations, with respect to the following matters:</DELETED>
<DELETED> (1) United States military objectives in these
operations.</DELETED>
<DELETED> (2) With respect to Operation Allied Force, the
military strategy of the North Atlantic Treaty Organization
(NATO) to obtain said military objectives.</DELETED>
<DELETED> (3) The command structure for the execution of
Operation Allied Force.</DELETED>
<DELETED> (4) The process for identifying, nominating,
selecting, and verifying targets to be attacked during
Operation Desert Fox and Operation Allied Force.</DELETED>
<DELETED> (5) A comprehensive battle damage assessment of
targets prosecuted during the conduct of the air campaigns in
these operations, to include--</DELETED>
<DELETED> (A) fixed targets, both military and
civilian, to include bridges, roads, rail lines,
airfields, power generating plants, broadcast
facilities, oil refining infrastructure, fuel and
munitions storage installations, industrial plants
producing military equipment, command and control
nodes, civilian leadership bunkers and military
barracks;</DELETED>
<DELETED> (B) mobile military targets such as tanks,
armored personnel carriers, artillery pieces, trucks,
and air defense assets;</DELETED>
<DELETED> (C) with respect to Operation Desert Fox,
research and production facilities associated with
Iraq's weapons of mass destruction and ballistic
missile programs, and any military units or
organizations associated with such activities within
Iraq; and</DELETED>
<DELETED> (D) a discussion of decoy, deception and
counter-intelligence techniques employed by the Iraqi
and Serbian military.</DELETED>
<DELETED> (6) The use and performance of United States
military equipment, weapon systems, munitions, and national and
tactical reconnaissance and surveillance assets (including
items classified under special access procedures) and an
analysis of--</DELETED>
<DELETED> (A) any equipment or capabilities that
were in research and development and if available could
have been used in these operations' respective theater
of operations;</DELETED>
<DELETED> (B) any equipment or capabilities that
were available and could have been used but were not
introduced into these operations' respective theater of
operations; and</DELETED>
<DELETED> (C) any equipment or capabilities that
were introduced to these operations' respective theater
of operations that could have been used but were
not.</DELETED>
<DELETED> (7) Command, control, communications and
operational security of NATO forces as a whole and United
States forces separately during Operation Allied Force,
including the ability of United States aircraft to operate with
aircraft of other nations without degradation of capabilities
or protection of United States forces.</DELETED>
<DELETED> (8) The deployment of United States forces and
supplies to the theater of operations, including an assessment
of airlift and sealift (to include a specific assessment of the
deployment of Task Force Hawk during Operation Allied Force, to
include detailed explanations for the delay in initial
deployment, the suitability of equipment deployed compared to
other equipment in the U.S. inventory that was not deployed,
and a critique of the training provided to operational
personnel prior to and during the deployment).</DELETED>
<DELETED> (9) The use of electronic warfare assets, in
particular an assessment of the adequacy of EA-6B aircraft in
terms of inventory, capabilities, deficiencies, and ability to
provide logistics support.</DELETED>
<DELETED> (10) The effectiveness of reserve component forces
including their use and performance in the theater of
operations.</DELETED>
<DELETED> (11) The contributions of United States (and with
respect to Operation Allied Force, NATO) intelligence and
counterintelligence systems and personnel, including an
assessment of the targeting selection and bomb damage
assessment process.</DELETED>
<DELETED> (c) The report should also contain:</DELETED>
<DELETED> (1) An analysis of the transfer of operational
assets from other United States Unified Commands to these
operations' theater of operations and the impact on the
readiness, warfighting capability and deterrence value of those
commands.</DELETED>
<DELETED> (2) An analysis of the implications of these
operations as regards the ability of United States armed forces
and intelligence capabilities to carry out the current national
security strategy, including--</DELETED>
<DELETED> (A) whether the Department of Defense and
its components, and the intelligence community and its
components, have sufficient force structure and manning
as well as equipment (to include items such as
munitions stocks) to deploy, prosecute and sustain
operations in a second major theater of war as called
for under the current national security
strategy;</DELETED>
<DELETED> (B) which, if any aspects, of currently
programmed manpower, operations, training and other
readiness programs, and weapons and other systems are
found to be inadequate in terms of supporting the
national military strategy; and</DELETED>
<DELETED> (C) what adjustments need to be made to
current defense planning and budgets, and specific
programs to redress any deficiencies identified by this
analysis.</DELETED>
<DELETED> Sec. 8130. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary-tracer (API-T)''.</DELETED>
<DELETED> Sec. 8131. None of the funds made available in this Act
may be used by the Armed Forces to participate in, or to provide
support for, any airshow or trade exhibition held outside the United
States.</DELETED>
<DELETED> This Act may be cited as the ``Department of Defense
Appropriations Act, 2000''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2000, 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; $22,041,094,000.
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; $17,236,001,000.
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 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; $6,562,336,000.
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;
$17,873,759,000.
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; $2,278,696,000.
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; $1,450,788,000.
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 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;
$410,650,000.
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; $884,794,000.
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;
$3,622,479,000.
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;
$1,494,496,000.
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; and not to
exceed $10,624,000 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; $19,161,852,000 and, in addition,
$50,000,000 shall be derived by transfer from the National Defense
Stockpile Transaction Fund: Provided, That of the funds appropriated in
this paragraph, not less than $355,000,000 shall be made available only
for conventional ammunition care and maintenance.
Operation and Maintenance, Navy
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $5,155,000 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;
$22,841,510,000 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;
$2,758,139,000.
Operation and Maintenance, Air Force
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,882,000 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; $20,760,429,000 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;
$11,537,333,000, of which not to exceed $25,000,000 may be available
for the CINC initiative fund account; and of which not to exceed
$32,300,000 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
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; $1,438,776,000.
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; $946,478,000.
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; $126,711,000.
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; $1,760,591,000.
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); $3,156,378,000.
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National Guard,
including medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, repair, and other necessary
expenses of facilities for the training and administration of the Air
National Guard, including repair of facilities, maintenance, operation,
and modification of aircraft; transportation of things, hire of
passenger motor vehicles; supplies, materials, and equipment, as
authorized by law for the Air National Guard; and expenses incident to
the maintenance and use of supplies, materials, and equipment,
including such as may be furnished from stocks under the control of
agencies of the Department of Defense; travel expenses (other than
mileage) on the same basis as authorized by law for Air National Guard
personnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; $3,229,638,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency
Operations by United States military forces; $2,087,600,000, to remain
available until expended: Provided, That the Secretary of Defense may
transfer these funds only to operation and maintenance accounts, within
this title, the Defense Health Program appropriation, and to working
capital funds: Provided further, That the funds transferred shall be
merged with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred: Provided
further, That 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 the transfer authority provided
in this paragraph is in addition to any other transfer authority
contained elsewhere in this Act.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court
of Appeals for the Armed Forces; $7,621,000, 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, $378,170,000, 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.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $284,000,000, 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, $376,800,000, 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, $25,370,000, 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.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $239,214,000, 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); $55,800,000, to remain available until
September 30, 2001.
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; $475,500,000, to remain available
until September 30, 2002: Provided, That of the amounts provided under
this heading, $25,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines and submarine reactor
components in the Russian Far East.
Pentagon Renovation Transfer Fund
For expenses, not otherwise provided for, resulting from the
Department of Defense renovation of the Pentagon Reservation;
$246,439,000, for the renovation of the Pentagon Reservation, which
shall remain available for obligation until September 30, 2001.
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; $1,440,788,000, to remain available for obligation until
September 30, 2002.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes; $1,267,698,000, to remain available for obligation until
September 30, 2002.
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;
$1,526,265,000, to remain available for obligation until September 30,
2002.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes; $1,145,566,000, to remain available for
obligation until September 30, 2002.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of not to exceed 36 passenger motor vehicles for
replacement only; and the purchase of 3 vehicles required for physical
security of personnel, notwithstanding price limitations applicable to
passenger vehicles but not to exceed $200,000 per vehicle;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes;
$3,658,070,000, to remain available for obligation until September 30,
2002.
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; $8,608,684,000, to remain available for obligation
until September 30, 2002.
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; $1,423,713,000, to remain available
for obligation until September 30, 2002.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes; $510,300,000, to remain available for
obligation until September 30, 2002.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
NSSN (AP), $748,497,000;
CVN-77 (AP), $751,540,000;
CVN Refuelings (AP), $345,565,000;
DDG-51 destroyer program, $2,681,653,000;
LPD-17 amphibious transport dock ship, $1,508,338,000;
LHD-8 (AP), $500,000,000;
ADC(X), $439,966,000;
LCAC landing craft air cushion program, $31,776,000; and
For craft, outfitting, post delivery, conversions, and
first destination transportation, $171,119,000;
In all: $7,178,454,000, to remain available for obligation until
September 30, 2006: Provided, That additional obligations may be
incurred after September 30, 2006, 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: Provided further, That the Secretary
of the Navy is hereby granted the authority to enter into a contract
for an LHD-1 Amphibious Assault Ship which shall be funded on an
incremental basis.
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 25 passenger motor vehicles
for replacement only; expansion of public and private plants, including
the land necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; $4,184,891,000, to
remain available for obligation until September 30, 2002.
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 43
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; $1,236,620,000, to remain available
for obligation until September 30, 2002.
Aircraft Procurement, Air Force
For construction, procurement, lease, 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; $9,758,333,000, to remain
available for obligation until September 30, 2002.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things;
$2,338,505,000, to remain available for obligation until September 30,
2002.
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; $427,537,000, to remain available for
obligation until September 30, 2002.
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 53
passenger motor vehicles for replacement only; lease of passenger motor
vehicles; and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of
structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; $7,198,627,000, to
remain available for obligation until September 30, 2002.
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 103 passenger motor vehicles for replacement
only; the purchase of 7 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $200,000 per vehicle; expansion of public
and private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway;
$2,327,965,000, to remain available for obligation until September 30,
2002.
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; $300,000,000, to remain available for
obligation until September 30, 2002: Provided, That the Chiefs of the
Reserve and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.
TITLE IV
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Research, Development, Test, and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment;
$4,905,294,000, to remain available for obligation until September 30,
2001.
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;
$8,448,816,000, to remain available for obligation until September 30,
2001.
Research, Development, Test, and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment;
$13,489,909,000, to remain available for obligation until September 30,
2001.
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; $9,325,315,000, to remain
available for obligation until September 30, 2001.
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; $251,957,000, to remain available for
obligation until September 30, 2001.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith; $34,434,000, to remain available for obligation until
September 30, 2001.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds; $90,344,000.
National Defense Sealift Fund
(including transfer of funds)
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744); $354,700,000, 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 the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense, as authorized by
law; $11,184,857,000, of which $10,527,887,000 shall be for Operation
and maintenance, of which not to exceed 2 per centum shall remain
available until September 30, 2001, of which $356,970,000, to remain
available for obligation until September 30, 2002, shall be for
Procurement: and of which $300,000,000, to remain available for
obligation until September 30, 2001, shall be for Research,
development, test and evaluation.
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the United States Soldiers' and Airmen's Home and
the United States Naval Home, to be paid from funds available in the
Armed Forces Retirement Home Trust Fund, $68,295,000, of which
$12,696,000 shall remain available until expended for construction and
renovation of the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided, That,
notwithstanding any other provision of law, a single contract or
related contracts for the development and construction, to include
construction of a long-term care facility at the United States Naval
Home, may be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract shall
contain the clause ``availability of funds'' found at 48 CFR 52.232-18
and 252.232-7007, Limitation of Government Obligations.
Chemical Agents and Munitions Destruction, Army
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,029,000,000, of which $543,500,000 shall
be for Operation and maintenance to remain available until September
30, 2001, $191,500,000 shall be for Procurement to remain available
until September 30, 2002, and $294,000,000 shall be for Research,
development, test and evaluation to remain available until September
30, 2001: 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; $842,300,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That the transfer authority
provided in this paragraph is in addition to any transfer authority
contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector General Act of
1978, as amended; $137,544,000, of which $136,244,000 shall be for
Operation and maintenance, of which not to exceed $500,000 is available
for emergencies and extraordinary expenses to be expended on the
approval or authority of the Inspector General, and payments may be
made on his certificate of necessity for confidential military
purposes; and of which $1,300,000 to remain available until September
30, 2002, shall be for Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY
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; $209,100,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account; $149,415,000, of which $34,923,000 for the Advanced Research
and Development Committee shall remain available until September 30,
2001: 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, 2002, and $1,000,000 for Research, development, test and
evaluation shall remain available until September 30, 2001.
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,
$8,000,000, to be derived from the National Security Education Trust
Fund, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS--DEPARTMENT OF DEFENSE
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. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 per centum of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$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 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.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer. Except in
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. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any 1 year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
Longbow Apache Helicopter; MLRS Rocket Launcher; Abrams
M1A2 Upgrade; Bradley M2A3 Vehicle; F/A-18E/F aircraft; C-17
aircraft; and F-16 aircraft.
Sec. 8009. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. 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 2000, 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 2001 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2001 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
2001.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8011. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of
Defense to exceed, outside the 50 United States, its territories, and
the District of Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Personnel Manual:
Provided further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in this
workyear limitation.
Sec. 8012. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8013. (a) None of the funds appropriated by this Act shall be
used to make contributions to the Department of Defense Education
Benefits Fund pursuant to section 2006(g) of title 10, United States
Code, representing the normal cost for future benefits under section
3015(c) of title 38, United States Code, for any member of the armed
services who, on or after the date of the enactment of this Act,
enlists in the armed services for a period of active duty of less than
three years, 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
this limitation shall not apply to members in combat arms skills or to
members who enlist in the armed services on or after July 1, 1989,
under a program continued or established by the Secretary of Defense in
fiscal year 1991 to test the cost-effective use of special recruiting
incentives involving not more than nineteen noncombat arms skills
approved in advance by the Secretary of Defense: 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 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 the
enactment of this Act, is performed by more than ten Department of
Defense civilian employees until a most efficient and cost-effective
organization analysis is completed on such activity or function and
certification of the analysis is made to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That this section and subsections (a), (b), and (c) of 10
U.S.C. 2461 shall not apply to a commercial or industrial type function
of the Department of Defense that: (1) is included on the procurement
list established pursuant to section 2 of the Act of June 25, 1938 (41
U.S.C. 47), popularly referred to as the Javits-Wagner-O'Day Act; (2)
is planned to be converted to performance by a qualified nonprofit
agency for the blind or by a qualified nonprofit agency for other
severely handicapped individuals in accordance with that Act; or (3) is
planned to be converted to performance by a qualified firm under 51 per
centum Native American ownership.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section manufactured will include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to
acquire capability for national security purposes.
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 any other provision of law, during the
current fiscal year, the Secretary of Defense may, by executive
agreement, establish with host nation governments in NATO member states
a separate account into which such residual value amounts negotiated in
the return of United States military installations in NATO member
states may be deposited, in the currency of the host nation, in lieu of
direct monetary transfers to the United States Treasury: Provided, That
such credits may be utilized only for the construction of facilities to
support United States military forces in that host nation, or such real
property maintenance and base operating costs that are currently
executed through monetary transfers to such host nations: Provided
further, That the Department of Defense's budget submission for fiscal
year 2001 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property maintenance
or base operating costs that shall be funded by the host nation through
such credits: Provided further, That all military construction projects
to be executed from such accounts must be previously approved in a
prior Act of Congress: Provided further, 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 the funds provided elsewhere in this Act,
$8,000,000 is appropriated only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That contractors participating in the test program
established by section 854 of Public Law 101-189 (15 U.S.C. 637 note)
shall be eligible for the program established by section 504 of the
Indian Financing Act of 1974 (25 U.S.C. 1544).
Sec. 8025. During the current fiscal year, funds appropriated or
otherwise available for any Federal agency, the Congress, the judicial
branch, or the District of Columbia may be used for the pay,
allowances, and benefits of an employee as defined by section 2105 of
title 5, United States Code, or an individual employed by the
government of the District of Columbia, permanent or temporary
indefinite, who--
(1) is a member of a Reserve component of the Armed Forces,
as described in section 10101 of title 10, United States Code,
or the National Guard, as described in section 101 of title 32,
United States Code;
(2) performs, for the purpose of providing military aid to
enforce the law or providing assistance to civil authorities in
the protection or saving of life or property or prevention of
injury--
(A) Federal service under sections 331, 332, 333,
or 12406 of title 10, or other provision of law, as
applicable; or
(B) full-time military service for his or her
State, the District of Columbia, the Commonwealth of
Puerto Rico, or a territory of the United States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without
regard to the provisions of sections 5519 and 6323(b)
of title 5, if such employee is otherwise entitled to
such annual leave:
Provided, That any employee who requests leave under subsection (3)(A)
for service described in subsection (2) of this section is entitled to
such leave, subject to the provisions of this section and of the last
sentence of section 6323(b) of title 5, and such leave shall be
considered leave under section 6323(b) of title 5, United States Code.
Sec. 8026. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24
months after initiation of such study with respect to a single function
activity or 48 months after initiation of such study for a multi-
function activity.
Sec. 8027. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8028. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8029. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act.
Sec. 8030. (a) Of the funds for the procurement of supplies or
services appropriated by this Act, qualified nonprofit agencies for the
blind or other severely handicapped shall be afforded the maximum
practicable opportunity to participate as subcontractors and suppliers
in the performance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern which has
negotiated with a military service or defense agency a subcontracting
plan for the participation by small business concerns pursuant to
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be
given credit toward meeting that subcontracting goal for any purchases
made from qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit agency for the blind or other severely handicapped'' means a
nonprofit agency for the blind or other severely handicapped that has
been approved by the Committee for the Purchase from the Blind and
Other Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C.
46-48).
Sec. 8031. During the current fiscal year, net receipts pursuant to
collections from third party payers pursuant to section 1095 of title
10, United States Code, shall be made available to the local facility
of the uniformed services responsible for the collections and shall be
over and above the facility's direct budget amount.
Sec. 8032. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8033. Of the funds made available in this Act, not less than
$26,470,000 shall be available for the Civil Air Patrol Corporation, of
which $18,000,000 shall be available for Civil Air Patrol Corporation
operation and maintenance to support readiness activities which
includes $2,000,000 for the Civil Air Patrol counterdrug program:
Provided, That funds identified for ``Civil Air Patrol'' under this
section are intended for and shall be for the exclusive use of the
Civil Air Patrol Corporation and not for the Air Force or any unit
thereof.
Sec. 8034. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) Limitation on Compensation--Federally Funded Research and
Development Center (FFRDC).--No member of a Board of Directors,
Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting
Committee, or any similar entity of a defense FFRDC, and no paid
consultant to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services as a
member of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity referred
to previously in this subsection shall be allowed travel expenses and
per diem as authorized under the Federal Joint Travel Regulations, when
engaged in the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal 2000 may be
used by a defense FFRDC, through a fee or other payment mechanism, for
construction of new buildings, for payment of cost sharing for projects
funded by government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2000, not more than
6,100 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 1,000 staff years may be
funded for the defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2001 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.
Sec. 8035. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8036. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services 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 Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8037. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or defense agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8038. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(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 Secretary of Defense shall submit to Congress a report on
the amount of Department of Defense purchases from foreign entities in
fiscal year 2000. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).
Sec. 8039. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
(including transfer of funds)
Sec. 8040. Amounts deposited during the current fiscal year to the
special account established under 40 U.S.C. 485(h)(2) and to the
special account established under 10 U.S.C. 2667(d)(1) are appropriated
and shall be available until transferred by the Secretary of Defense to
current applicable appropriations or funds of the Department of Defense
under the terms and conditions specified by 40 U.S.C. 485(h)(2)(A) and
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available
for the same time period and the same purposes as the appropriation to
which transferred.
Sec. 8041. During the current fiscal year, appropriations available
to the Department of Defense may be used to reimburse a member of a
reserve component of the Armed Forces who is not otherwise entitled to
travel and transportation allowances and who occupies transient
government housing while performing active duty for training or
inactive duty training: Provided, That such members may be provided
lodging in kind if transient government quarters are unavailable as if
the member was entitled to such allowances under subsection (a) of
section 404 of title 37, United States Code: Provided further, That if
lodging in kind is provided, any authorized service charge or cost of
such lodging may be paid directly from funds appropriated for operation
and maintenance of the reserve component of the member concerned.
Sec. 8042. The President shall include with each budget for a
fiscal year submitted to the Congress under section 1105 of title 31,
United States Code, materials that shall identify clearly and
separately the amounts requested in the budget for appropriation for
that fiscal year for salaries and expenses related to administrative
activities of the Department of Defense, the military departments, and
the Defense agencies.
Sec. 8043. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be obligated for the Young Marines program.
Sec. 8044. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act: Provided, That none of the funds made available
for expenditure under this section may be transferred or obligated
until thirty days after the Secretary of Defense submits a report which
details the balance available in the Overseas Military Facility
Investment Recovery Account, all projected income into the account
during fiscal years 2000 and 2001, and the specific expenditures to be
made using funds transferred from this account during fiscal year 2000.
Sec. 8045. Of the funds appropriated or otherwise made available by
this Act, not more than $119,200,000 shall be available for payment of
the operating costs of NATO Headquarters: Provided, That the Secretary
of Defense may waive this section for Department of Defense support
provided to NATO forces in and around the former Yugoslavia.
Sec. 8046. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance
may be used to purchase items having an investment item unit cost of
not more than $100,000.
Sec. 8047. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2001 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2001 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 2001 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8048. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2001: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended.
Sec. 8049. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8050. Of the funds appropriated by the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $8,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8051. Amounts collected for the use of the facilities of the
National Science Center for Communications and Electronics during the
current fiscal year pursuant to section 1459(g) of the Department of
Defense Authorization Act, 1986, and deposited to the special account
established under subsection 1459(g)(2) of that Act are appropriated
and shall be available until expended for the operation and maintenance
of the Center as provided for in subsection 1459(g)(2).
Sec. 8052. None of the funds appropriated in this Act may be used
to fill the commander's position at any military medical facility with
a health care professional unless the prospective candidate can
demonstrate professional administrative skills.
Sec. 8053. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30, 1934,
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
Sec. 8054. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to
which a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such contract is
in the interest of the national defense.
Sec. 8055. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
Sec. 8056. Funds appropriated by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2000 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2000.
Sec. 8057. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to
lease real and personal property at Naval Air Facility, Adak, Alaska,
pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other
purposes: Provided, That notwithstanding any other provision of law,
the Secretary of the Navy may remove hazardous materials from
facilities, buildings, and structures at Adak, Alaska, and may demolish
or otherwise dispose of such facilities, buildings, and structures.
(rescissions)
Sec. 8058. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded as of the
date of the enactment of this Act from the following accounts and
programs in the specified amounts:
Under the heading, ``Other Procurement, Air Force, 1999/
2001'', $5,405,000;
Under the heading, ``Missile Procurement, Air Force, 1999/
2001'', $8,000,000 ; and
Under the heading, ``Research, Development, Test and
Evaluation, Air Force, 1999/2000'', $40,000,000.
Sec. 8059. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8060. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8061. During the current fiscal year, funds appropriated in
this Act are available to compensate members of the National Guard for
duty performed pursuant to a plan submitted by a Governor of a State
and approved by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance of such duty,
the members of the National Guard shall be under State command and
control: Provided further, That such duty shall be treated as full-time
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of
title 10, United States Code.
Sec. 8062. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Unified and Specified Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred against
appropriations for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence or counterintelligence
support to Unified Commands, Defense Agencies and Joint Intelligence
Activities, including the activities and programs included within the
National Foreign Intelligence Program (NFIP), the Joint Military
Intelligence Program (JMIP), and the Tactical Intelligence and Related
Activities (TIARA) aggregate: Provided, That nothing in this section
authorizes deviation from established Reserve and National Guard
personnel and training procedures.
Sec. 8063. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 1999 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
(including transfer of funds)
Sec. 8064. (a) 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 $1,222,000,000.
(b) The Secretary shall, in conjunction with the Pentagon
Renovation, design and construct secure secretarial offices and support
facilities and security-related changes to the subway entrance at the
Pentagon Reservation.
Sec. 8065. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
(transfer of funds)
Sec. 8066. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be transferred to other appropriations or funds of the
Department of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the appropriation or
fund to which transferred.
Sec. 8067. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8068. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8069. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8070. Notwithstanding any other provision of law, 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. 8071. 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. 8072. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense committees, the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate setting forth all
costs (including incremental costs) incurred by the Department of
Defense during the preceding quarter in implementing or supporting
resolutions of the United Nations Security Council, including any such
resolution calling for international sanctions, international
peacekeeping operations, and humanitarian missions undertaken by the
Department of Defense. The quarterly report shall include an aggregate
of all such Department of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the quarterly reports
all efforts made to seek credit against past United Nations
expenditures and all efforts made to seek compensation from the United
Nations for costs incurred by the Department of Defense in implementing
and supporting United Nations activities.
Sec. 8073. (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding any other provision of law, none of the
funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) 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. 8074. To the extent authorized by subchapter VI of chapter 148
of title 10, United States Code, the Secretary of Defense shall issue
loan guarantees in support of United States defense exports not
otherwise provided for: Provided, That the total contingent liability
of the United States for guarantees issued under the authority of this
section may not exceed $15,000,000,000: Provided further, That the
exposure fees charged and collected by the Secretary for each
guarantee, shall be paid by the country involved and shall not be
financed as part of a loan guaranteed by the United States: Provided
further, That the Secretary shall provide quarterly reports to the
Committees on Appropriations, Armed Services and Foreign Relations of
the Senate and the Committees on Appropriations, Armed Services and
International Relations in the House of Representatives on the
implementation of this program: Provided further, That amounts charged
for administrative fees and deposited to the special account provided
for under section 2540c(d) of title 10, shall be available for paying
the costs of administrative expenses of the Department of Defense that
are attributable to the loan guarantee program under subchapter VI of
chapter 148 of title 10, United States Code.
Sec. 8075. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense for costs of any amount paid
by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
Sec. 8076. (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. 8077. 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.
(including transfer of funds)
Sec. 8078. 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. 8079. 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. 8080. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
(transfer of funds)
Sec. 8081. Upon enactment of this Act, the Secretary of Defense
shall make the following transfers of funds: Provided, That the amounts
transferred shall be available for the same purposes as the
appropriations to which transferred, and for the same time period as
the appropriation from which transferred: Provided further, That the
amounts shall be transferred between the following appropriations in
the amount specified:
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1988/2001'':
SSN-688 attack submarine program,
$6,585,000;
CG-47 cruiser program, $12,100,000;
Aircraft carrier service life extension
program, $202,000;
LHD-1 amphibious assault ship program,
$2,311,000;
LSD-41 cargo variant ship program,
$566,000;
T-AO fleet oiler program, $3,494,000;
AO conversion program, $133,000;
Craft, outfitting, and post delivery,
$1,688,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1995/2001'':
DDG-51 destroyer program, $27,079,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1989/2000'':
DDG-51 destroyer program, $13,200,000;
Aircraft carrier service life extension
program, $186,000;
LHD-1 amphibious assault ship program,
$3,621,000;
LCAC landing craft, air cushioned program,
$1,313,000;
T-AO fleet oiler program, $258,000;
AOE combat support ship program,
$1,078,000;
AO conversion program, $881,000;
T-AGOS drug interdiction conversion,
$407,000;
Outfitting and post delivery, $219,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2000'':
LPD-17 amphibious transport dock ship,
$21,163,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1990/2002'':
SSN-688 attack submarine program,
$5,606,000;
DDG-51 destroyer program, $6,000,000;
ENTERPRISE refueling/modernization program,
$2,306,000;
LHD-1 amphibious assault ship program,
$183,000;
LSD-41 dock landing ship cargo variant
program, $501,000;
LCAC landing craft, air cushioned program,
$345,000;
MCM mine countermeasures program,
$1,369,000;
Moored training ship demonstration program,
$1,906,000;
Oceanographic ship program, $1,296,000;
AOE combat support ship program,
$4,086,000;
AO conversion program, $143,000;
Craft, outfitting, post delivery, and ship
special support equipment, $1,209,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1990/2002'':
T-AGOS surveillance ship program,
$5,000,000;
Coast Guard icebreaker program, $8,153,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2002'':
LPD-17 amphibious transport dock ship,
$7,192,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2002'':
CVN refuelings, $4,605,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1991/2001'':
SSN-21(AP) attack submarine program,
$1,614,000;
LHD-1 amphibious assault ship program,
$5,647,000;
LSD-41 dock landing ship cargo variant
program, $1,389,000;
LCAC landing craft, air cushioned program,
$330,000;
AOE combat support ship program,
$1,435,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2001'':
CVN refuelings, $10,415,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1992/2001'':
SSN-21 attack submarine program,
$11,983,000;
Craft, outfitting, post delivery, and DBOF
transfer, $836,000;
Escalation, $5,378,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2001'':
CVN refuelings, $18,197,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1993/2002'':
Carrier replacement program(AP),
$30,332,000;
LSD-41 cargo variant ship program,
$676,000;
AOE combat support ship program,
$2,066,000;
Craft, outfitting, post delivery, and first
destination transportation, and inflation
adjustments, $2,127,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2002'':
CVN refuelings, $29,884,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1999/2002'':
Craft, outfitting, post delivery,
conversions, and first destination
transportation, $5,317,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1994/2003'':
LHD-1 amphibious assault ship program,
$18,349,000;
Oceanographic ship program, $9,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1994/2003'':
DDG-51 destroyer program, $18,349,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1999/2003'':
Craft, outfitting, post delivery,
conversions, and first destination
transportation, $9,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2000'':
SSN-21 attack submarine program,
$10,100,000;
LHD-1 amphibious assault ship program,
$7,100,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2000'':
DDG-51 destroyer program, $3,723,000;
LPD-17 amphibious transport dock ship,
$13,477,000.
Sec. 8082. Funds appropriated in title II of this Act and for the
Defense Health Program in title VI of this Act for supervision and
administration costs for facilities maintenance and repair, minor
construction, or design projects may be obligated at the time the
reimbursable order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and administration
costs includes all in-house Government cost.
Sec. 8083. During the current fiscal year, 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. 8084. (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. 8085. 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. 8086. During the current fiscal year, refunds attributable to
the use of the Government travel card and the Government Purchase Card
by military personnel and civilian employees of the Department of
Defense and refunds attributable to official Government travel arranged
by Government Contracted Travel Management Centers may be credited to
the accounts current when the refunds are received that are available
for the same purposes as the accounts originally charged.
Sec. 8087. 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. 8088. (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 public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8089. Funds made available to the Civil Air Patrol in this Act
under the heading ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be used for the Civil Air Patrol Corporation's
counterdrug program, including its demand reduction program involving
youth programs, as well as operational and training drug reconnaissance
missions for Federal, State and local government agencies; for
administrative costs, including the hiring of Civil Air Patrol
Corporation employees; for travel and per diem expenses of Civil Air
Patrol Corporation personnel in support of those missions; and for
equipment needed for mission support or performance: Provided, That the
Department of the Air Force should waive reimbursement from the
Federal, State and local government agencies for the use of these
funds.
Sec. 8090. Notwithstanding any other provision of law, the TRICARE
managed care support contracts in effect, or in final stages of
acquisition as of September 30, 1999, may be extended for two years:
Provided, That any such extension may only take place if the Secretary
of Defense determines that it is in the best interest of the
Government: Provided further, That any contract extension shall be
based on the price in the final best and final offer for the last year
of the existing contract as adjusted for inflation and other factors
mutually agreed to by the contractor and the Government: Provided
further, That notwithstanding any other provision of law, all future
TRICARE managed care support contracts replacing contracts in effect,
or in the final stages of acquisition as of September 30, 1998, may
include a base contract period for transition and up to seven one-year
option periods.
Sec. 8091. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $452,100,000
to reflect savings from revised economic assumptions, to be distributed
as follows:
``Aircraft Procurement, Army'', $8,000,000;
``Missile Procurement, Army'', $7,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', $9,000,000;
``Procurement of Ammunition, Army'', $6,000,000;
``Other Procurement, Army'', $19,000,000;
``Aircraft Procurement, Navy'', $44,000,000;
``Weapons Procurement, Navy'', $8,000,000;
``Procurement of Ammunition, Navy and Marine Corps'',
$3,000,000;
``Shipbuilding and Conversion, Navy'', $37,000,000;
``Other Procurement, Navy'', $23,000,000;
``Procurement, Marine Corps'', $5,000,000;
``Aircraft Procurement, Air Force'', $46,000,000;
``Missile Procurement, Air Force'', $14,000,000;
``Procurement of Ammunition, Air Force'', $2,000,000;
``Other Procurement, Air Force'', $44,400,000;
``Procurement, Defense-Wide'', $5,200,000;
``Chemical Agents and Munitions Destruction, Army'',
$5,000,000;
``Research, Development, Test and Evaluation, Army'',
$20,000,000;
``Research, Development, Test and Evaluation, Navy'',
$40,900,000;
``Research, Development, Test and Evaluation, Air Force'',
$76,900,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', $28,700,000:
Provided, That these reductions shall be applied proportionally to each
budget activity, activity group and subactivity group and each program,
project, and activity within each appropriation account.
Sec. 8092. Training and Other Programs. (a) Prohibition.--None of
the funds made available by this Act may be used to support any
training program involving a unit of the security forces of a foreign
country if the Secretary of Defense has received credible information
from the Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective steps have
been taken.
(b) Monitoring.--The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to conduct
any training program referred to in subsection (a), full consideration
is given to all credible information available to the Department of
State relating to human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a) if he
determines that such waiver is required by extraordinary circumstances.
(d) Report.--Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a report to
the congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8093. The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program to
distribute surplus dental equipment of the Department of Defense, at no
cost to the Department of Defense, to Indian health service facilities
and to federally-qualified health centers (within the meaning of
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
Sec. 8094. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $209,300,000
to reflect savings from the pay of civilian personnel, to be
distributed as follows:
``Operation and Maintenance, Army'', $45,100,000;
``Operation and Maintenance, Navy'', $74,400,000;
``Operation and Maintenance, Air Force'', $59,800,000; and
``Operation and Maintenance, Defense-Wide'', $30,000,000.
Sec. 8095. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $206,600,000
to reflect savings from favorable foreign currency fluctuations, to be
distributed as follows:
``Operation and Maintenance, Army'', $138,000,000;
``Operation and Maintenance, Navy'', $10,600,000;
``Operation and Maintenance, Marine Corps'', $2,000,000;
``Operation and Maintenance, Air Force'', $43,000,000; and
``Operation and Maintenance, Defense-Wide'', $13,000,000.
Sec. 8096. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $250,307,000
to reflect savings from reductions in the price of bulk fuel, to be
distributed as follows:
``Operation and Maintenance, Army'', $56,000,000;
``Operation and Maintenance, Navy'', $67,000,000;
``Operation and Maintenance, Marine Corps'', $7,700,000;
``Operation and Maintenance, Air Force'', $62,000,000;
``Operation and Maintenance, Defense-Wide'', $34,000,000;
``Operation and Maintenance, Army Reserve'', $4,107,000;
``Operation and Maintenance, Navy Reserve'', $2,700,000;
``Operation and Maintenance, Air Force Reserve'',
$5,000,000;
``Operation and Maintenance, Army National Guard'',
$8,700,000; and
``Operation and Maintenance, Air National Guard'',
$3,100,000.
Sec. 8097. Notwithstanding any other provision of law, the
Secretary of Defense may retain all or a portion of the family housing
at Fort Buchanan, Puerto Rico, as the Secretary deems necessary to meet
military family housing needs arising out of the relocation of elements
of the United States Army South to Fort Buchanan.
Sec. 8098. Funds appropriated to the Department of the Navy in
title II of this Act may be available to replace lost and canceled
Treasury checks issued to Trans World Airlines in the total amount of
$255,333.24 for which timely claims were filed and for which detailed
supporting records no longer exist.
Sec. 8099. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration in the case of a lease of personal property
for a period not in excess of one year to--
(1) any department or agency of the Federal Government;
(2) any State or local government, including any interstate
organization established by agreement of two or more States;
(3) any organization determined by the Chief of the
National Guard Bureau, or his designee, to be a youth or
charitable organization; or
(4) any other entity that the Chief of the National Guard
Bureau, or his designee, approves on a case-by-case basis.
Sec. 8100. In the current fiscal year and hereafter, funds
appropriated for the Pacific Disaster Center may be obligated to carry
out such missions as the Secretary of Defense may specify for disaster
information management and related supporting activities in the
geographic area of responsibility of the Commander in Chief, Pacific
and beyond in support of a global disaster information network:
Provided, That the Secretary may enable the Pacific Disaster Center and
its derivatives to enter into flexible public-private cooperative
arrangements for the delegation or implementation of some or all of its
missions and accept and provide grants, or other remuneration to or
from any agency of the Federal government, state or local government,
private source or foreign government to carry out any of its
activities: Provided further, That the Pacific Disaster Center may not
accept any remuneration or provide any service or grant which could
compromise national security.
Sec. 8101. Notwithstanding any other provision in this Act, the
total amount appropriated in Title I of this Act is hereby reduced by
$1,838,426,000 to reflect amounts appropriated in H.R. 1141, as
enacted. This amount is to be distributed as follows:
``Military Personnel, Army'', $559,533,000;
``Military Personnel, Navy'', $436,773,000;
``Military Personnel, Marine Corps'', $177,980,000;
``Military Personnel, Air Force'', $471,892,000;
``Reserve Personnel, Army'', $40,574,000;
``Reserve Personnel, Navy'', $29,833,000;
``Reserve Personnel, Marine Corps'', $7,820,000;
``Reserve Personnel, Air Force'', $13,143,000;
``National Guard Personnel, Army'', $70,416,000; and
``National Guard Personnel, Air Force'', $30,462,000.
Sec. 8102. Notwithstanding any other provision of law, that not
more than twenty-five per centum of funds provided in this Act, may be
obligated for environmental remediation under indefinite delivery/
indefinite quantity contracts with a total contract value of
$130,000,000 or higher.
Sec. 8103. Of the funds made available under the heading
``Operation and Maintenance, Air Force'', $5,000,000 shall be
transferred to the Department of Transportation to enable the Secretary
of Transportation to realign railroad track on Elmendorf Air Force
Base.
Sec. 8104. (a) Of the amounts provided in Title II of this Act, not
less than $1,353,900,000 shall be available for the missions of the
Department of Defense related to combating terrorism inside and outside
the United States.
(b) The budget of the United States Government submitted to
Congress under section 1105 of title 31, United States Code, for each
fiscal year after fiscal year 2000 shall set forth separately for a
single account the amount requested for the missions of the Department
of Defense related to combating terrorism inside and outside the United
States.
Sec. 8105. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department
of Defense that procures malt beverages and wine with nonappropriated
funds for resale (including such alcoholic beverages sold by the drink)
on a military installation located in the United States unless such
malt beverages and wine are procured within that State, or in the case
of the District of Columbia, within the District of Columbia, in which
the military installation is located: Provided, That in a case in which
the military installation is located in more than one State, purchases
may be made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt beverages
and wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another State:
Provided further, That alcoholic beverages other than wine and malt
beverages, in contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other factors
considered.
Sec. 8106. (a) The Secretary of the Air Force may obtain
transportation for operational support purposes, including
transportation for combatant Commanders in Chief, by lease of aircraft,
on such terms and conditions as the Secretary may deem appropriate,
consistent with this section, through an operating lease consistent
with OMB Circular A-11.
(b) The term of any lease into which the Secretary enters under
this section shall not exceed ten years from the date on which the
lease takes effect.
(c) The Secretary may include terms and conditions in any lease
into which the Secretary enters under this section that are customary
in the leasing of aircraft by a nongovernmental lessor to a
nongovernmental lessee.
(d) The Secretary may, in connection with any lease into which the
Secretary enters under this section, to the extent the Secretary deems
appropriate, provide for special payments to the lessor if either the
Secretary terminates or cancels the lease prior to the expiration of
its term or the aircraft is damaged or destroyed prior to the
expiration of the term of the lease. In the event of termination or
cancellation of the lease, the total value of such payments shall not
exceed the value of one year's lease payment.
(e) Notwithstanding any other provision of law any payments
required under a lease under this section, and any payments made
pursuant to subsection (d), may be made from--
(1) appropriations available for the performance of the
lease at the time the lease takes effect;
(2) appropriations for the operation and maintenance
available at the time which the payment is due; and
(3) funds appropriated for those payments.
(f) The authority granted to the Secretary of the Air Force by this
section is separate from and in addition to, and shall not be construed
to impair or otherwise affect, the authority of the Secretary to
procure transportation or enter into leases under a provision of law
other than this section.
Sec. 8107. (a) The Communications Act of 1934 is amended in section
337(b) (47 U.S.C. 337(b)), by deleting paragraph (2). Upon enactment of
this provision, the FCC shall initiate the competitive bidding process
in fiscal year 1999 and shall conduct the competitive bidding in a
manner that ensures that all proceeds of such bidding are deposited in
accordance with section 309(j)(8) of the Act not later than September
30, 2000. To expedite the assignment by competitive bidding of the
frequencies identified in section 337(a)(2) of the Act, the rules
governing such frequencies shall be effective immediately upon
publication in the Federal Register, notwithstanding 5 U.S.C. 553(d),
801(a)(3), 804(2), and 806(a). Chapter 6 of such title, 15 U.S.C. 632,
and 44 U.S.C. 3507 and 3512, shall not apply to the rules and
competitive bidding procedures governing such frequencies.
Notwithstanding section 309(b) of the Act, no application for an
instrument of authorization for such frequencies shall be granted by
the Commission earlier than 7 days following issuance of public notice
by the Commission of the acceptance for filing of such application or
of any substantial amendment thereto. Notwithstanding section 309(d)(1)
of such Act, the Commission may specify a period (no less than 5 days
following issuance of such public notice) for the filing of petitions
to deny any application for an instrument of authorization for such
frequencies.
(b)(1) Not later than 15 days after the date of the enactment of
this Act, the Director of the Office of Management and Budget and the
Federal Communications Commission shall each submit to the appropriate
congressional committees a report which shall--
(A) set forth the anticipated schedule (including specific
dates) for--
(i) preparing and conducting the competitive
bidding process required by subsection (a); and
(ii) depositing the receipts of the competitive
bidding process;
(B) set forth each significant milestone in the rulemaking
process with respect to the competitive bidding process;
(C) include an explanation of the effect of each
requirement in subsection (a) on the schedule for the
competitive bidding process and any post-bidding activities
(including the deposit of receipts) when compared with the
schedule for the competitive bidding and any post-bidding
activities (including the deposit of receipts) that would
otherwise have occurred under section 337(b)(2) of the
Communications Act of 1934 (47 U.S.C. 337(b)(2)) if not for the
enactment of subsection (a);
(D) set forth for each spectrum auction held by the Federal
Communications Commission since 1993 information on--
(i) the time required for each stage of preparation
for the auction;
(ii) the date of the commencement and of the
completion of the auction;
(iii) the time which elapsed between the date of
the completion of the auction and the date of the first
deposit of receipts from the auction in the Treasury;
and
(iv) the dates of all subsequent deposits of
receipts from the auction in the Treasury; and
(E) include an assessment of how the stages of the
competitive bidding process required by subsection (a),
including preparation, commencement and completion, and deposit
of receipts, will differ from similar stages in the auctions
referred to in subparagraph (D).
(2) Not later than October 5, 2000, the Director of the Office of
Management and Budget and the Federal Communications Commission shall
each submit to the appropriate congressional committees the report
which shall--
(A) describe the course of the competitive bidding process
required by subsection (a) through September 30, 2000,
including the amount of any receipts from the competitive
bidding process deposited in the Treasury as of September 30,
2000; and
(B) if the course of the competitive bidding process has
included any deviations from the schedule set forth under
paragraph (1)(A), an explanation for such deviations from the
schedule.
(3) The Federal Communications Commission may not consult with the
Director in the preparation and submittal of the reports required of
the Commission by this subsection.
(4) In this subsection, the term ``appropriate congressional
committees'' means the following:
(A) The Committees on Appropriations, the Budget, and
Commerce of the Senate.
(B) The Committees on Appropriations, the Budget, and
Commerce of the House of Representatives.
Sec. 8108. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act for Titles II and III is hereby
reduced by $3,100,000,000 to reflect supplemental appropriations
provided under Public Law 106-31 for Readiness/Munitions; Operational
Rapid Response Transfer Fund; Spare Parts; Depot Maintenance;
Recruiting; Readiness Training/OPTEMPO; and Base Operations.
Sec. 8109. 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--
(1) by striking ``not later than June 30, 1997,''; and
(2) by striking ``$1,000,000'' and inserting ``$500,000''.
Sec. 8110. In addition to any funds appropriated elsewhere in title
IV of this Act under the heading ``Research, Development, Test, and
Evaluation, Army'', $9,000,000 is hereby appropriated only for the Army
Test Ranges and Facilities program element.
Sec. 8111. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act for title IV under the heading
``Research, Development, Test, and Evaluation, Navy'', is hereby
reduced by $26,840,000 and the total amount appropriated in this Act
for title IV under the heading ``Research, Development, Test, and
Evaluation, Defense-Wide'', is hereby increased by $51,840,000 to
reflect the transfer of the Joint Warfighting Experimentation Program:
Provided, That none of the funds provided for the Joint Warfighting
Experimentation Program may be obligated until the Vice Chairman of the
Joint Chiefs of Staff reports to the congressional defense committees
on the role and participation of all unified and specified commands in
the JWEP.
Sec. 8112. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act for the Department of Defense,
$23,000,000, to remain available until September 30, 2000 is hereby
appropriated to the Department of Defense: Provided, That the Secretary
of Defense shall make a grant in the amount of $23,000,000 to the
American Red Cross for Armed Forces Emergency Services.
Sec. 8113. In addition to the funds available in title III,
$10,000,000 is hereby appropriated for U-2 cockpit modifications.
Sec. 8114. The Department of the Army is directed to conduct a live
fire, side-by-side operational test of the air-to-air Starstreak and
air-to-air Stinger missiles from the AH-64D Longbow helicopter. The
operational test is to be completed utilizing funds provided for in
this Act in addition to funding provided for this purpose in the Fiscal
Year 1999 Defense Appropriations Act (P.L. 105-262): Provided, That
notwithstanding any other provision of law, the Department is to ensure
that the development, procurement or integration of any missile for use
on the AH-64 or RAH-66 helicopters, as an air-to-air missile, is
subject to a full and open competition which includes the conduct of a
live-fire, side-by-side test as an element of the source selection
criteria: Provided further, That the Under Secretary of Defense
(Acquisition & Technology) will conduct an independent review of the
need, and the merits of acquiring an air-to-air missile to provide
self-protection for the AH-64 and RAH-66 from the threat of hostile
forces. The Secretary is to provide his findings in a report to the
defense oversight committees, no later than March 31, 2000.
Sec. 8115. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Air Force'', up to
$6,000,000 may be made available for the 3-D advanced track acquisition
and imaging system.
Sec. 8116. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Navy'', up to $3,000,000
may be made available for electronic propulsion systems.
Sec. 8117. Of the funds appropriated in title IV under the heading
``Counter-Drug Activities, Defense'', up to $5,000,000 may be made
available for a ground processing station to support a tropical remote
sensing radar.
Sec. 8118. Of the funds made available under the heading
``Research, Development, Test, and Evaluation, Army'', up to $6,000,000
may be provided to the United States Army Construction Engineering
Research Laboratory to continue research and development to reduce
pollution associated with industrial manufacturing waste systems.
Sec. 8119. Of the funds appropriated in title II under the heading
``Operation and Maintenance, Navy'', up to $13,000,000 may be available
for depot overhaul of the MK-45 weapon system, and up to $19,000,000
may be available for depot overhaul of the Close In Weapon System.
Sec. 8120. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $1,500,000
may be available for prototyping and testing of a water distributor for
the Pallet-Loading System Engineer Mission Module System.
Sec. 8121. Of the funds provided under title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Air Force'',
up to $1,000,000 may be made available only for alternative missile
engine source development.
Sec. 8122. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $3,000,000
may be made available for the National Defense Center for Environmental
Excellence Pollution Prevention Initiative.
Sec. 8123. Of the funds made available in title IV of this Act
under the heading ``Research, Development, Test, and Evaluation,
Defense-Wide'', up to $4,500,000 may be made available for a hot gas
decontamination facility.
Sec. 8124. Of the funds made available under the heading ``Defense
Health Program'', up to $2,000,000 may be made available to support the
establishment of a Department of Defense Center for Medical
Informatics.
Sec. 8125. Of the funds appropriated in title III under the heading
``Procurement, Marine Corps'', up to $2,800,000 may be made available
for the K-Band Test Obscuration Pairing System.
Sec. 8126. Of the funds made available under the heading
``Research, Development, Test, and Evaluation, Army'', up to $2,000,000
may be made available to continue and expand on-going work in
recombinant vaccine research against biological warfare agents.
Sec. 8127. (a) The purpose of this section is to provide means for
the City of Bayonne, New Jersey, to furnish fire protection through the
City's municipal fire department for the tenants, including the Coast
Guard, and property at Military Ocean Terminal, New Jersey, thereby
enhancing the City's capability for furnishing safety services that is
a fundamental capability necessary for encouraging the economic
development of Military Ocean Terminal.
(b) The Secretary of the Army may, notwithstanding title II of the
Federal Property and Administrative Services Act of 1949, convey
without consideration to the Bayonne Local Redevelopment Authority,
Bayonne, New Jersey, and to the City of Bayonne, New Jersey, jointly,
all right, title, and interest of the United States in and to the
firefighting equipment described in subsection (c).
(c) The equipment to be conveyed under subsection (b) is
firefighting equipment at Military Ocean Terminal, Bayonne, New Jersey,
as follows:
(1) Pierce Dash 2000 Gpm Pumper, manufactured September
1995.
(2) Pierce Arrow 100-foot Tower Ladder, manufactured
February 1994.
(3) Pierce HAZMAT truck, manufactured 1993.
(4) Ford E-350, manufactured 1992.
(5) Ford E-302, manufactured 1990.
(6) Bauer Compressor, Bauer-UN 12-E#5000psi, manufactured
November 1989.
(d) The conveyance and delivery of the property shall be at no cost
to the United States.
(e) The Secretary may require such additional terms and conditions
in connection with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United States.
Sec. 8128. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Navy'', up to $3,000,000
may be made available for basic research on advanced composite
materials processing (specifically, resin transfer molding, vacuum-
assisted resin transfer molding, and co-infusion resin transfer
molding).
Sec. 8129. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $5,000,000
may be available for Information Warfare Vulnerability Analysis.
Sec. 8130. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Air Force'', up to
$7,500,000 may be made available for the GEO High Resolution Space
Object Imaging Program.
Sec. 8131. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $4,000,000
may be available solely for research, development, test, and evaluation
of elastin-based artificial tissues and dye targeted laser fusion
techniques for healing internal injuries.
Sec. 8132. Of the funds made available in title IV of this Act for
the Defense Advanced Research Projects Agency under the heading
``Research, Development, Test, and Evaluation, Defense-Wide'', up to
$20,000,000 may be made available for supersonic aircraft noise
mitigation research and development efforts.
Sec. 8133. From within the funds provided for the Defense
Acquisition University, up to $5,000,000 may be spent on a pilot
program using state-of-the-art training technology that would train the
acquisition workforce in a simulated Government procurement
environment.
Sec. 8134. During the current fiscal year, under regulations
prescribed by the Secretary of Defense, the Center of Excellence for
Disaster Management and Humanitarian Assistance may also pay, or
authorize payment for, the expenses of providing or facilitating
education and training for appropriate military and civilian personnel
of foreign countries in disaster management and humanitarian
assistance: Provided, That not later than April 1, 2001, the Secretary
of Defense shall submit to the congressional defense committees a
report regarding the training of foreign personnel conducted under this
authority during the preceding fiscal year for which expenses were paid
under the section: Provided further, That the report shall specify the
countries in which the training was conducted, the type of training
conducted, and the foreign personnel trained.
Sec. 8135. Of the funds appropriated in title II under the heading
``Operation and Maintenance, Air Force'', up to $4,000,000 may be made
available for the Manufacturing Technology Assistance Pilot Program.
Sec. 8136. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $5,000,000
may be available for visual display performance and visual display
environmental research and development.
Sec. 8137. Of the funds appropriated in title III under the heading
``Other Procurement, Army'', $51,250,000 shall be available for the
Information System Security Program, of which up to $10,000,000 may be
made available for an immediate assessment of biometrics sensors and
templates repository requirements and for combining and consolidating
biometrics security technology and other information assurance
technologies to accomplish a more focused and effective information
assurance effort.
Sec. 8138. Of the funds appropriated in title II under the heading
``Operation and Maintenance, Defense-Wide'' for the Office of the
Special Assistant to the Deputy Secretary of Defense for Gulf War
Illnesses, up to $10,000,000 may be made available for carrying out the
first-year actions under the 5-year research plan outlined in the
report entitled ``Department of Defense Strategy to Address Low-Level
Exposures to Chemical Warfare Agents (CWAs)'', dated May 1999, that was
submitted to committees of Congress pursuant to section 247(d) of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 1957).
Sec. 8139. (a) Congress makes the following findings:
(1) The B-2 bomber has been used in combat for the first
time in Operation Allied Force against Yugoslavia.
(2) The B-2 bomber has demonstrated unparalleled strike
capability in Operation Allied Force, with cursory data
indicating that the bomber could have dropped nearly 20 percent
of the precision ordnance while flying less than 3 percent of
the attack sorties.
(3) According to the congressionally mandated Long Range
Air Power Panel, ``long range air power is an increasingly
important element of United States military capability''.
(4) The crews of the B-2 bomber and the personnel of
Whiteman Air Force Base, Missouri, deserve particular credit
for flying and supporting the strike missions against
Yugoslavia, some of the longest combat missions in the history
of the Air Force.
(5) The bravery and professionalism of the personnel of
Whiteman Air Force Base have advanced American interests in the
face of significant challenge and hardship.
(6) The dedication of those who serve in the Armed Forces,
exemplified clearly by the personnel of Whiteman Air Force
Base, is the greatest national security asset of the United
States.
(b) It is the sense of Congress that--
(1) the skill and professionalism with which the B-2 bomber
has been used in Operation Allied Force is a credit to the
personnel of Whiteman Air Force Base, Missouri, and the Air
Force;
(2) the B-2 bomber has demonstrated an unparalleled
capability to travel long distances and deliver devastating
weapons payloads, proving its essential role for United States
power projection in the future; and
(3) the crews of the B-2 bomber and the personnel of
Whiteman Air Force Base deserve the gratitude of the American
people for their dedicated performance in an indispensable role
in the air campaign against Yugoslavia and in the defense of
the United States.
Sec. 8140. Of the funds appropriated in title III under the heading
``Aircraft Procurement, Air Force'', up to $10,000,000 may be made
available for U-2 aircraft defensive system modernization.
Sec. 8141. Of the amount appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Defense-Wide'',
$25,185,000 shall be available for research and development relating to
Persian Gulf illnesses, of which $4,000,000 shall be available for
continuation of research into Gulf War syndrome that includes
multidisciplinary studies of fibromyalgia, chronic fatigue syndrome,
multiple chemical sensitivity, and the use of research methods of
cognitive and computational neuroscience, and of which up to $2,000,000
may be made available for expansion of the research program in the
Upper Great Plains region.
Sec. 8142. Of the total amount appropriated in title III under the
heading ``Aircraft Procurement, Air Force'', up to $17,500,000 may be
made available for procurement of the F-15A/B data link for the Air
National Guard.
Sec. 8143. Of the funds appropriated in title III under the heading
``Weapons Procurement, Navy'', up to $3,000,000 may be made available
for the MK-43 Machine Gun Conversion Program.
Sec. 8144. Development of Ford Island, Hawaii. (a) In General.--(1)
Subject to paragraph (2), the Secretary of the Navy may exercise any
authority or combination of authorities in this section for the purpose
of developing or facilitating the development of Ford Island, Hawaii,
to the extent that the Secretary determines the development is
compatible with the mission of the Navy.
(2) The Secretary may not exercise any authority under this section
until--
(A) the Secretary submits to the appropriate committees of
Congress a master plan for the development of Ford Island; and
(B) a period of 30 calendar days has elapsed following the
date on which the notification is received by those committees.
(b) Conveyance Authority.--(1) The Secretary of the Navy may convey
to any public or private person or entity all right, title, and
interest of the United States in and to any real property (including
any improvements thereon) or personal property under the jurisdiction
of the Secretary in the State of Hawaii that the Secretary determines--
(A) is excess to the needs of the Navy and all of the other
Armed Forces; and
(B) will promote the purpose of this section.
(2) A conveyance under this subsection may include such terms and
conditions as the Secretary considers appropriate to protect the
interests of the United States.
(c) Lease Authority.--(1) The Secretary of the Navy may lease to
any public or private person or entity any real property or personal
property under the jurisdiction of the Secretary in the State of Hawaii
that the Secretary determines--
(A) is not needed for current operations of the Navy and
all of the other Armed Forces; and
(B) will promote the purpose of this section.
(2) A lease under this subsection shall be subject to section
2667(b)(1) of title 10, United States Code, and may include such others
terms as the Secretary considers appropriate to protect the interests
of the United States.
(3) A lease of real property under this subsection may provide
that, upon termination of the lease term, the lessee shall have the
right of first refusal to acquire the real property covered by the
lease if the property is then conveyed under subsection (b).
(4)(A) The Secretary may provide property support services to or
for real property leased under this subsection.
(B) To the extent provided in appropriations Acts, any payment made
to the Secretary for services provided under this paragraph shall be
credited to the appropriation, account, or fund from which the cost of
providing the services was paid.
(d) Acquisition of Leasehold Interest by Secretary.--(1) The
Secretary of the Navy may acquire a leasehold interest in any facility
constructed under subsection (f) as consideration for a transaction
authorized by this section upon such terms as the Secretary considers
appropriate to promote the purpose of this section.
(2) The term of a lease under paragraph (1) may not exceed 10
years, unless the Secretary of Defense approves a term in excess of 10
years for the purpose of this section.
(3) A lease under this subsection may provide that, upon
termination of the lease term, the United States shall have the right
of first refusal to acquire the facility covered by the lease.
(e) Requirement for Competition.--The Secretary of the Navy shall
use competitive procedures for purposes of selecting the recipient of
real or personal property under subsection (b) and the lessee of real
or personal property under subsection (c).
(f) Consideration.--(1) As consideration for the conveyance of real
or personal property under subsection (b), or for the lease of real or
personal property under subsection (c), the Secretary of the Navy shall
accept cash, real property, personal property, or services, or any
combination thereof, in an aggregate amount equal to not less than the
fair market value of the real or personal property conveyed or leased.
(2) Subject to subsection (i), the services accepted by the
Secretary under paragraph (1) may include the following:
(A) The construction or improvement of facilities at Ford
Island.
(B) The restoration or rehabilitation of real property at
Ford Island.
(C) The provision of property support services for property
or facilities at Ford Island.
(g) Notice and Wait Requirements.--The Secretary of the Navy may
not carry out a transaction authorized by this section until--
(1) the Secretary submits to the appropriate committees of
Congress a notification of the transaction, including--
(A) a detailed description of the transaction; and
(B) a justification for the transaction specifying
the manner in which the transaction will meet the
purpose of this section; and
(2) a period of 30 calendar days has elapsed following the
date on which the notification is received by those committees.
(h) Ford Island Improvement Account.--(1) There is established on
the books of the Treasury an account to be known as the ``Ford Island
Improvement Account''.
(2) There shall be deposited into the account the following
amounts:
(A) Amounts authorized and appropriated to the account.
(B) Except as provided in subsection (c)(4)(B), the amount
of any cash payment received by the Secretary for a transaction
under this section.
(i) Use of Account.--(1) Subject to paragraph (2), to the extent
provided in advance in appropriation Acts, funds in the Ford Island
Improvement Account may be used as follows:
(A) To carry out or facilitate the carrying out of a
transaction authorized by this section.
(B) To carry out improvements of property or facilities at
Ford Island.
(C) To obtain property support services for property or
facilities at Ford Island.
(2) To extent that the authorities provided under subchapter IV of
chapter 169 of title 10, United States Code, are available to the
Secretary of the Navy, the Secretary may not use the authorities in
this section to acquire, construct, or improve family housing units,
military unaccompanied housing units, or ancillary supporting
facilities related to military housing at Ford Island.
(3)(A) The Secretary may transfer funds from the Ford Island
Improvement Account to the following funds:
(i) The Department of Defense Family Housing Improvement
Fund established by section 2883(a)(1) of title 10, United
States Code.
(ii) The Department of Defense Military Unaccompanied
Housing Improvement Fund established by section 2883(a)(2) of
that title.
(B) Amounts transferred under subparagraph (A) to a fund referred
to in that subparagraph shall be available in accordance with the
provisions of section 2883 of title 10, United States Code, for
activities authorized under subchapter IV of chapter 169 of that title
at Ford Island.
(j) Inapplicability of Certain Property Management Laws.--Except as
otherwise provided in this section, transactions under this section
shall not be subject to the following:
(1) Sections 2667 and 2696 of title 10, United States Code.
(2) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411).
(3) Sections 202 and 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483, 484).
(k) Scoring.--Nothing in this section shall be construed to waive
the applicability to any lease entered into under this section of the
budget scorekeeping guidelines used to measure compliance with the
Balanced Budget Emergency Deficit Control Act of 1985.
(l) Conforming Amendments.--Section 2883(c) of title 10, United
States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) Any amounts that the Secretary of the Navy transfers
to that Fund pursuant to section 2862(i)(3)(A)(i) of the
Military Construction Authorization Act for Fiscal Year 2000,
subject to the restrictions on the use of the transferred
amounts specified in that section.''; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
``(E) Any amounts that the Secretary of the Navy transfers
to that Fund pursuant to section 2862(i)(3)(A)(ii) of the
Military Construction Authorization Act for Fiscal Year 2000,
subject to the restrictions on the use of the transferred
amounts specified in that section.''.
(m) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' has the
meaning given that term in section 2801(4) of title 10, United
States Code.
(2) The term ``property support service'' means the
following:
(A) Any utility service or other service listed in
section 2686(a) of title 10, United States Code.
(B) Any other service determined by the Secretary
to be a service that supports the operation and
maintenance of real property, personal property, or
facilities.
Sec. 8145. (a) The Department of Defense is authorized to enter
into agreements with the Veterans Administration and federally-funded
health agencies providing services to Native Hawaiians for the purpose
of establishing a partnership similar to the Alaska Federal Health Care
Partnership, in order to maximize Federal resources in the provision of
health care services by federally-funded health agencies, applying
telemedicine technologies. For the purpose of this partnership, Native
Hawaiians shall have the same status as other Native Americans who are
eligible for the health care services provided by the Indian Health
Service.
(b) The Department of Defense is authorized to develop a
consultation policy, consistent with Executive Order 13084 (issued May
14, 1998), with Native Hawaiians for the purpose of assuring maximum
Native Hawaiian participation in the direction and administration of
governmental services so as to render those services more responsive to
the needs of the Native Hawaiian community.
(c) For purposes of this section, the term ``Native Hawaiian''
means any individual who is a descendant of the aboriginal people who,
prior to 1778, occupied and exercised sovereignty in the area that now
comprises the State of Hawaii.
Sec. 8146. Of the funds made available in title IV of this Act
under the heading ``Research, Development, Test, and Evaluation,
Navy'', up to $3,000,000 may be made available to continue research and
development on polymer cased ammunition.
Sec. 8147. (a) Of the amounts appropriated by title II under the
heading ``Operation and Maintenance, Defense-Wide'', up to $220,000 may
be made available to carry out the study described in subsection (b).
(b)(1) The Secretary of the Army, acting through the Chief of
Engineers, shall carry out a study for purposes of evaluating the cost-
effectiveness of various technologies utilized, or having the potential
to be utilized, in the demolition and cleanup of facilities
contaminated with chemical residue at facilities used in the production
of weapons and ammunition.
(2) The Secretary shall carry out the study at the Badger Army
Ammunition Plant, Wisconsin.
(3) The Secretary shall provide for the carrying out of work under
the study through the Omaha District Corps of Engineers and in
cooperation with the Department of Energy Federal Technology Center,
Morgantown, West Virginia.
(4) The Secretary may make available to other departments and
agencies of the Federal Government information developed as a result of
the study.
Sec. 8148. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Army'', up to $500,000 may be available
for a study of the costs and feasibility of a project to remove
ordnance from the Toussaint River.
Sec. 8149. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Air Force'', $63,041,000
may be available for C-5 aircraft modernization.
Sec. 8150. None of the funds appropriated or otherwise made
available by this or any other Act may be made available for
reconstruction activities in the Republic of Serbia (excluding the
province of Kosovo) as long as Slobodan Milosevic remains the President
of the Federal Republic of Yugoslavia (Serbia and Montenegro).
Sec. 8151. Office of Net Assessment in the Office of the Secretary
of Defense, jointly with the United States Pacific Command, shall
submit a report to Congress no later than 180 days after the enactment
of this Act which addresses the following issues:
(1) A review and evaluation of the operational planning and
other preparations of the United States Department of Defense,
including but not limited to the United States Pacific Command,
to implement the relevant sections of the Taiwan Relations Act
since its enactment in 1979.
(2) A review and evaluation of all gaps in relevant
knowledge about the current and future military balance between
Taiwan and mainland China, including but not limited to Chinese
open source writings.
(3) A set of recommendations, based on these reviews and
evaluations, concerning further research and analysis that the
Office of Net Assessment and the Pacific Command believe to be
necessary and desirable to be performed by the National Defense
University and other defense research centers.
Sec. 8152. (a) Congress makes the following findings:
(1) Congress recognizes and supports, as being fundamental
to the national defense, the ability of the Armed Forces to
test weapons and weapon systems thoroughly, and to train
members of the Armed Forces in the use of weapons and weapon
systems before the forces enter hostile military engagements.
(2) It is the policy of the United States that the Armed
Forces at all times exercise the utmost degree of caution in
the training with weapons and weapon systems in order to avoid
endangering civilian populations and the environment.
(3) In the adherence to these policies, it is essential to
the public safety that the Armed Forces not test weapons or
weapon systems, or engage in training exercises with live
ammunition, in close proximity to civilian populations unless
there is no reasonable alternative available.
(b) It is the sense of Congress that--
(1) there should be a thorough investigation of the
circumstances that led to the accidental death of a civilian
employee of the Navy installation in Vieques, Puerto Rico, and
the wounding of four other civilians during a live-ammunition
weapons test at Vieques, including a reexamination of the
adequacy of the measures that are in place to protect the
civilian population during such training;
(2) the Secretary of Defense should not authorize the Navy
to resume live ammunition training on the Island of Vieques,
Puerto Rico, unless and until he has advised the congressional
defense committees of the Senate and the House of
Representatives that--
(A) there is not available an alternative training
site with no civilian population located in close
proximity;
(B) the national security of the United States
requires that the training be carried out;
(C) measures to provide the utmost level of safety
to the civilian population are to be in place and
maintained throughout the training; and
(D) training with ammunition containing radioactive
materials that could cause environmental degradation
should not be authorized;
(3) in addition to advising committees of Congress of the
findings as described in paragraph (2), the Secretary of
Defense should advise the Governor of Puerto Rico of those
findings and, if the Secretary of Defense decides to resume
live-ammunition weapons training on the Island of Vieques,
consult with the Governor on a regular basis regarding the
measures being taken from time to time to protect civilians
from harm from the training.
Sec. 8153. Of the funds appropriated in title IV for Research,
Development, Test and Evaluation, Army, up to $10,000,000 may be
utilized for Army Space Control Technology.
Sec. 8154. (a) Of the funds appropriated in title II under the
heading ``Operation and Maintenance, Air Force'' (other than the funds
appropriated for space launch facilities), up to $7,300,000 may be
available, in addition to other funds appropriated under that heading
for space launch facilities, for a second team of personnel for space
launch facilities for range reconfiguration to accommodate launch
schedules.
(b) The funds set aside under subsection (a) may not be obligated
for any purpose other than the purpose specified in subsection (a).
Sec. 8155. Of the funds appropriated in title IV under the heading
``Research, Development, Test, and Evaluation, Army'', up to $4,000,000
may be made available for the Advanced Integrated Helmet System
Program.
Sec. 8156. Prohibition on Use of Refugee Relief Funds for Long-term
Regional Development or Reconstruction in Southeastern Europe. None of
the funds made available in the 1999 Emergency Supplemental
Appropriations Act (Public Law 106-31) may be made available to
implement a long-term, regional program of development or
reconstruction in Southeastern Europe except pursuant to specific
statutory authorization enacted on or after the date of enactment of
this Act.
Sec. 8157. Of the funds appropriated in title III, Procurement,
under the heading ``Missile Procurement, Army'', up to $35,000,000 may
be made available to retrofit and improve the current inventory of
Patriot missiles in order to meet current and projected threats from
cruise missiles.
Sec. 8158. (a) Purpose.--The purpose of this section is to evaluate
and demonstrate methods for more efficient operation of military
installations through improved capital asset management and greater
reliance on the public or private sector for less-costly base support
services, where available.
(b) Authority.--(1) The Secretary of the Air Force may carry out at
Brooks Air Force Base, Texas, a demonstration project to be known as
the ``Base Efficiency Project'' to improve mission effectiveness and
reduce the cost of providing quality installation support at Brooks Air
Force Base.
(2) The Secretary shall carry out the Project in consultation with
the Community to the extent the Secretary determines such consultation
is necessary and appropriate.
(3) The authority provided in this section is in addition to any
other authority vested in or delegated to the Secretary, and the
Secretary may exercise any authority or combination of authorities
provided under this section or elsewhere to carry out the purposes of
the Project.
(c) Efficient Practices.--(1) The Secretary may convert services at
or for the benefit of the Base from accomplishment by military
personnel or by Department civilian employees (appropriated fund or
non-appropriated fund), to services performed by contract or provided
as consideration for the lease, sale, or other conveyance or transfer
of property.
(2) Notwithstanding section 2462 of title 10, United States Code, a
contract for services may be awarded based on ``best value'' if the
Secretary determines that the award will advance the purposes of a
joint activity conducted under the Project and is in the best interest
of the Department.
(3) Notwithstanding that such services are generally funded by
local and State taxes and provided without specific charge to the
public at large, the Secretary may contract for public services at or
for the benefit of the Base in exchange for such consideration, if any,
the Secretary determines to be appropriate.
(4)(A) The Secretary may conduct joint activities with the
Community, the State, and any private parties or entities on or for the
benefit of the Base.
(B) Payments or reimbursements received from participants for their
share of direct and indirect costs of joint activities, including the
costs of providing, operating, and maintaining facilities, shall be in
an amount and type determined to be adequate and appropriate by the
Secretary.
(C) Such payments or reimbursements received by the Department
shall be deposited into the Project Fund.
(d) Lease Authority.--(1) The Secretary may lease real or personal
property located on the Base to any lessee upon such terms and
conditions as the Secretary considers appropriate and in the interest
of the United States, if the Secretary determines that the lease would
facilitate the purposes of the Project.
(2) Consideration for a lease under this subsection shall be
determined in accordance with subsection (g).
(3) A lease under this subsection--
(A) may be for such period as the Secretary determines is
necessary to accomplish the goals of the Project; and
(B) may give the lessee the first right to purchase the
property if the lease is terminated to allow the United States
to sell the property under any other provision of law.
(4)(A) The interest of a lessee of property leased under this
subsection may be taxed by the State or the Community.
(B) A lease under this subsection shall provide that, if and to the
extent that the leased property is later made taxable by State
governments or local governments under Federal law, the lease shall be
renegotiated.
(5) The Department may furnish a lessee with utilities, custodial
services, and other base operation, maintenance, or support services,
in exchange for such consideration, payment, or reimbursement as the
Secretary determines appropriate.
(6) All amounts received from leases under this subsection shall be
deposited into the Project Fund.
(7) A lease under this subsection shall not be subject to the
following provisions of law:
(A) Section 2667 of title 10, United States Code, other
than subsection (b)(1) of that section.
(B) Section 321 of the Act of June 30, 1932 (40 U.S.C.
303b).
(C) The Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
(e) Property Disposal.--(1) The Secretary may sell or otherwise
convey or transfer real and personal property located at the Base to
the Community or to another public or private party during the Project,
upon such terms and conditions as the Secretary considers appropriate
for purposes of the Project.
(2) Consideration for a sale or other conveyance or transfer or
property under this subsection shall be determined in accordance with
subsection (g).
(3) The sale or other conveyance or transfer of property under this
subsection shall not be subject to the following provisions of law:
(A) Section 2693 of title 10, United States Code.
(B) The Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.)
(4) Cash payments received as consideration for the sale or other
conveyance or transfer of property under this subsection shall be
deposited into the Project Fund.
(f) Leaseback of Property Leased or Disposed.--(1) The Secretary
may lease, sell, or otherwise convey or transfer real property at the
Base under subsections (b) and (e), as applicable, which will be
retained for use by the Department or by another military department or
other Federal agency, if the lessee, purchaser, or other grantee or
transferee of the property agrees to enter into a leaseback to the
Department in connection with the lease, sale, or other conveyance or
transfer of one or more portions or all of the property leased, sold,
or otherwise conveyed or transferred, as applicable.
(2) A leaseback of real property under this subsection shall be an
operating lease for no more than 20 years unless the Secretary of
Defense determines that a longer term is appropriate.
(3)(A) Consideration, if any, for real property leased under a
leaseback entered into under this subsection shall be in such form and
amount as the Secretary considers appropriate.
(B) The Secretary may use funds in the Project Fund or other funds
appropriated or otherwise available to the Department for use at the
Base for payment of any such cash rent.
(4) Notwithstanding any other provision of law, the Department or
other military department or other Federal agency using the real
property leased under a leaseback entered into under this subsection
may construct and erect facilities on or otherwise improve the leased
property using funds appropriated or otherwise available to the
Department or other military department or other Federal agency for
such purpose. Funds available to the Department for such purpose
include funds in the Project Fund.
(g) Consideration.--(1) The Secretary shall determine the nature,
value, and adequacy of consideration required or offered in exchange
for a lease, sale, or other conveyance or transfer of real or personal
property or for other actions taken under the Project.
(2) Consideration may be in cash or in-kind or any combination
thereof. In-kind consideration may include the following:
(A) Real property.
(B) Personal property.
(C) Goods or services, including operation, maintenance,
protection, repair, or restoration (including environmental
restoration) of any property or facilities (including non-
appropriated fund facilities).
(D) Base operating support services.
(E) Construction or improvement of Department facilities.
(F) Provision of facilities, including office, storage, or
other usable space, for use by the Department on or off the
Base.
(G) Public services.
(3) Consideration may not be for less than the fair market value.
(h) Project Fund.--(1) There is established on the books of the
Treasury a fund to be known as the ``Base Efficiency Project Fund''
into which all cash rents, proceeds, payments, reimbursements, and
other amounts from leases, sales, or other conveyances or transfers,
joint activities, and all other actions taken under the Project shall
be deposited. All amounts deposited into the Project Fund are without
fiscal year limitation.
(2) Amounts in the Project Fund may be used only for operation,
base operating support services, maintenance, repair, construction, or
improvement of Department facilities, payment of consideration for
acquisitions of interests in real property (including payment of
rentals for leasebacks), and environmental protection or restoration,
in addition to or in combination with other amounts appropriated for
these purposes.
(3) Subject to generally prescribed financial management
regulations, the Secretary shall establish the structure of the Project
Fund and such administrative policies and procedures as the Secretary
considers necessary to account for and control deposits into and
disbursements from the Project Fund effectively.
(4) All amounts in the Project Fund shall be available for use for
the purposes authorized in paragraph (2) at the Base, except that the
Secretary may redirect up to 50 per cent of amounts in the Project Fund
for such uses at other installations under the control and jurisdiction
of the Secretary as the Secretary determines necessary and in the best
interest of the Department.
(i) Federal Agencies.--(1)(A) Any Federal agency, its contractors,
or its grantees shall pay rent, in cash or services, for the use of
facilities or property at the Base, in an amount and type determined to
be adequate by the Secretary.
(B) Such rent shall generally be the fair market rental of the
property provided, but in any case shall be sufficient to compensate
the Base for the direct and overhead costs incurred by the Base due to
the presence of the tenant agency on the Base.
(2) Transfers of real or personal property at the Base to other
Federal agencies shall be at fair market value consideration. Such
consideration may be paid in cash, by appropriation transfer, or in
property, goods, or services.
(3) Amounts received from other Federal agencies, their
contractors, or grantees, including any amounts paid by appropriation
transfer, shall be deposited in the Project Fund.
(j) Acquisition of Interests in Real Property.--(1) The Secretary
may acquire any interest in real property in and around the Community
that the Secretary determines will advance the purposes of the Project.
(2) The Secretary shall determine the value of the interest in the
real property to be acquired and the consideration (if any) to be
offered in exchange for the interest.
(3) The authority to acquire an interest in real property under
this subsection includes authority to make surveys and acquire such
interest by purchase, exchange, lease, or gift.
(4) Payments for such acquisitions may be made from amounts in the
Project Fund or from such other funds appropriated or otherwise
available to the Department for such purposes.
(k) Reports to Congress.--(1) Section 2662 of title 10, United
States Code, shall not apply to transactions at the Base during the
Project.
(2)(A) Not later than March 1 each year, the Secretary shall submit
to the appropriate committees of Congress a report on any transactions
at the Base during the preceding fiscal year that would be subject to
such section 2662, but for paragraph (1).
(B) The report shall include a detailed cost analysis of the
financial savings and gains realized through joint activities and other
actions under the Project authorized by this section and a description
of the status of the Project.
(l) Limitation.--None of the authorities in this section shall
create any legal rights in any person or entity except rights embodied
in leases, deeds, or contracts.
(m) Expiration of Authority.--The authority to enter into a lease,
deed, permit, license, contract, or other agreement under this section
shall expire on September 30, 2004.
(n) Definitions.--In this section:
(1) The term ``Project'' means the Base Efficiency Project
authorized by this section.
(2) The term ``Base'' means Brooks Air Force Base, Texas.
(3) The term ``Community'' means the City of San Antonio,
Texas.
(4) The term ``Department'' means the Department of the Air
Force.
(5) The term ``facility'' means a building, structure, or
other improvement to real property (except a military family
housing unit as that term is used in subchapter IV of chapter
169 of title 10, United States Code).
(6) The term ``joint activity'' means an activity conducted
on or for the benefit of the Base by the Department, jointly
with the Community, the State, or any private entity, or any
combination thereof.
(7) The term ``Project Fund'' means the Base Efficiency
Project Fund established by subsection (h).
(8) The term ``public services'' means public services
(except public schools, fire protection, and police protection)
that are funded by local and State taxes and provided without
specific charge to the public at large.
(9) The term ``Secretary'' means the Secretary of the Air
Force or the Secretary's designee, who shall be a civilian
official of the Department appointed by the President with the
advice and consent of the Senate.
(10) The term ``State'' means the State of Texas.
Sec. 8159. (a) Subject to subsection (c) and except as provided in
subsection (d), the Secretary of Defense may waive any domestic source
requirement or domestic content requirement referred to in subsection
(b) and thereby authorize procurements of items that are grown,
reprocessed, reused, produced, or manufactured--
(1) inside a foreign country the government of which is a
party to a reciprocal defense memorandum of understanding that
is entered into with the Secretary of Defense and is in effect;
(2) inside the United States or its possessions; or
(3) inside the United States or its possessions partly or
wholly from components grown, reprocessed, reused, produced, or
manufactured outside the United States or its possessions.
(b) For purposes of this section:
(1) A domestic source requirement is any requirement under
law that the Department of Defense must satisfy its needs for
an item by procuring an item that is grown, reprocessed,
reused, produced, or manufactured in the United States, its
possessions, or a part of the national technology and
industrial base.
(2) A domestic content requirement is any requirement under
law that the Department must satisfy its needs for an item by
procuring an item produced or manufactured partly or wholly
from components grown, reprocessed, reused, produced, or
manufactured in the United States or its possessions.
(c) The authority to waive a requirement under subsection (a)
applies to procurements of items if the Secretary of Defense first
determines that--
(1) the application of the requirement to procurements of
those items would impede the reciprocal procurement of defense
items under a memorandum of understanding providing for
reciprocal procurement of defense items that is entered into
between the Department of Defense and a foreign country in
accordance with section 2531 of title 10, United States Code;
(2) the foreign country does not discriminate against items
produced in the United States to a greater degree than the
United States discriminates against items produced in that
country; and
(3) one or more of the conditions set forth in section
2534(d) of title 10, United States Code, exists with respect to
the procurement.
(d) Laws Not Waived.--The Secretary of Defense may not exercise the
authority under subsection (a) to waive any of the following laws:
(1) The Small Business Act.
(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46-48c).
(3) Sections 7309 and 7310 of title 10, United States Code,
with respect to ships in Federal Supply Class 1905.
(4) Section 9005 of Public Law 102-396 (10 U.S.C. 2241
note), with respect to articles or items of textiles, apparel,
shoe findings, tents, and flags listed in Federal Supply
Classes 8305, 8310, 8315, 8320, 8335, 8340, and 8345 and
articles or items of clothing, footware, individual equipment,
and insignia listed in Federal Supply Classes 8405, 8410, 8415,
8420, 8425, 8430, 8435, 8440, 8445, 8450, 8455, 8465, 8470, and
8475.
(e) Relationship to Other Waiver Authority.--The authority under
subsection (a) to waive a domestic source requirement or domestic
content requirement is in addition to any other authority to waive such
requirement.
Sec. 8160. In addition to funds appropriated elsewhere in this Act,
the amount appropriated in title III of this Act under the heading
``Aircraft Procurement, Air Force'' is hereby increased by $220,000,000
only to procure four (4) F-15E aircraft: Provided, That the amount
provided in title IV of this Act under the heading ``Research,
Development, Test, and Evaluation, Defense-Wide'' is hereby reduced by
$50,000,000 to reduce the total amount available for National Missile
Defense: Provided further, That the amount provided in title III of
this Act under the heading ``National Guard and Reserve Equipment'' is
hereby reduced by $50,000,000 on a pro-rata basis: Provided further,
That the amount provided in title III of this Act under the heading
``Aircraft Procurement, Air Force'' is hereby reduced by $70,000,000 to
reduce the total amount available for Spares and Repair Parts: Provided
further, That the amount provided in title III of this Act under the
heading ``Aircraft Procurement, Navy'' is hereby reduced by $50,000,000
to reduce the total amount available for Spares and Repair Parts.
Sec. 8161. (a) Findings.--Congress makes the following findings--
(1) on June 25, 1996, a bomb detonated not more than 80
feet from the Air Force housing complex known as Khobar Towers
in Dhahran, Saudi Arabia, killing 19 members of the Air Force,
and injuring hundreds more;
(2) an FBI investigation of the bombing, soon to enter its
fourth year, has not yet determined who was responsible for the
attack; and
(3) the Senate in Senate Resolution 273 in the One Hundred
Fourth Congress condemned this terrorist attack in the
strongest terms and urged the United States Government to use
all reasonable means available to the Government of the United
States to punish the parties responsible for the bombings.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the United States Government must continue its
investigation into the Khobar Towers bombing until every
terrorist involved is identified, held accountable, and
punished;
(2) the FBI, together with the Department of State, should
report to Congress no later than December 31, 1999, on the
status of its investigation into the Khobar Towers bombing; and
(3) once responsibility for the attack has been established
the United States Government must take steps to punish the
parties involved.
TITLE IX
MILITARY LAND WITHDRAWALS
CHAPTER 1
RENEWAL OF MILITARY LAND WITHDRAWALS
Sec. 9001. Short Title. This chapter may be cited as the ``Military
Lands Withdrawal Renewal Act of 1999''.
Sec. 9002. Withdrawals. (a) McGregor Range.--(1) Subject to valid
existing rights and except as otherwise provided in this chapter, the
public lands described in paragraph (3) are hereby withdrawn from all
forms of appropriation under the public land laws (including the mining
laws and the mineral leasing and the geothermal leasing laws).
(2) Such lands are reserved for use by the Secretary of the Army--
(A) for training and weapons testing; and
(B) subject to the requirements of section 9004(f), for
other defense-related purposes consistent with the purposes
specified in this paragraph.
(3) The lands referred to in paragraph (1) are the lands comprising
approximately 608,384.87 acres in Otero County, New Mexico, as
generally depicted on the map entitled ``McGregor Range Withdrawal--
Proposed'', dated January 1985, and withdrawn by the provisions of
section 1(d) of the Military Lands Withdrawal Act of 1986. Such lands
do not include any portion of the lands so withdrawn that were
relinquished to the Secretary of the Interior under the provisions of
that Act.
(4) Any of the public lands withdrawn under paragraph (1) which, as
of the date of the enactment of this Act, are managed pursuant to
section 603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782) shall continue to be managed under that section until
otherwise expressly provided by law.
(b) Fort Greely Maneuver Area and Fort Greely Air Drop Zone.--(1)
Subject to valid existing rights and except as otherwise provided in
this chapter, the lands described in paragraph (3) are hereby withdrawn
from all forms of appropriation under the public land laws (including
the mining laws and the mineral leasing and the geothermal leasing
laws), under the Act entitled ``An Act to provide for the admission of
the State of Alaska into the Union'', approved July 7, 1958 (48 U.S.C.
note prec. 21), and under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.).
(2) Such lands are reserved for use by the Secretary of the Army
for--
(A) military maneuvering, training, and equipment
development and testing; and
(B) subject to the requirements of section 9004(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(3)(A) The lands referred to in paragraph (1) are--
(i) the lands comprising approximately 571,995 acres in the
Big Delta Area, Alaska, as generally depicted on the map
entitled ``Fort Greely Maneuver Area Withdrawal--Proposed'',
dated January 1985, and withdrawn by the provisions of section
1(e) of the Military Lands Withdrawal Act of 1986; and
(ii) the lands comprising approximately 51,590 acres in the
Granite Creek Area, Alaska, as generally depicted on the map
entitled ``Fort Greely, Air Drop Zone Withdrawal--Proposed'',
dated January 1985, and withdrawn by the provisions of such
section.
(B) Such lands do not include any portion of the lands so withdrawn
that were relinquished to the Secretary of the Interior under the
provisions of that Act.
(c) Fort Wainwright Maneuver Area.--(1) Subject to valid existing
rights and except as otherwise provided in this chapter, the public
lands described in paragraph (3) are hereby withdrawn from all forms of
appropriation under the public land laws (including the mining laws and
the mineral leasing and the geothermal leasing laws), under the Act
entitled ``An Act to provide for the admission of the State of Alaska
into the Union'', approved July 7, 1958 (48 U.S.C. note prec. 21), and
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(2) Such lands are reserved for use by the Secretary of the Army
for--
(A) military maneuvering;
(B) training for artillery firing, aerial gunnery, and
infantry tactics; and
(C) subject to the requirements of section 9004(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(3) The lands referred to in paragraph (1) are the lands comprising
approximately 247,951.67 acres of land in the Fourth Judicial District,
Alaska, as generally depicted on the map entitled ``Fort Wainwright
Maneuver Area Withdrawal--Proposed'', dated January 1985, and withdrawn
by the provisions of section 1(f) of the Military Lands Withdrawal Act
of 1986. Such lands do not include any portion of the lands so
withdrawn that were relinquished to the Secretary of the Interior under
the provisions of that Act.
Sec. 9003. Maps and Legal Descriptions. (a) Publication and Filing
Requirement.--As soon as practicable after the date of the enactment of
this Act, the Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn by this chapter; and
(2) file maps and the legal description of the lands
withdrawn by this chapter with the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources
of the House of Representatives.
(b) Technical Corrections.--Such maps and legal descriptions shall
have the same force and effect as if they were included in this chapter
except that the Secretary of the Interior may correct clerical and
typographical errors in such maps and legal descriptions.
(c) Availability for Public Inspection.--Copies of such maps and
legal descriptions shall be available for public inspection in the
following offices:
(1) The Office of the Secretary of Defense.
(2) The offices of the Director and appropriate State
Directors of the Bureau of Land Management.
(3) The offices of the Director and appropriate Regional
Directors of the United States Fish and Wildlife Service.
(4) The office of the commander, McGregor Range.
(5) The office of the installation commander, Fort
Richardson, Alaska.
(d) Reimbursement.--The Secretary of Defense shall reimburse the
Secretary of the Interior for any costs incurred by the Secretary of
the Interior in carrying out this section.
Sec. 9004. Management of Withdrawn Lands. (a) Management by
Secretary of the Interior.--(1) The Secretary of the Interior shall
manage the lands withdrawn by this chapter pursuant to the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable law, including the Recreation Use of Wildlife Areas Act of
1962 (16 U.S.C. 460k et seq.) and this chapter. The Secretary shall
manage such lands through the Bureau of Land Management.
(2) To the extent consistent with applicable law and Executive
orders, the lands withdrawn by this chapter may be managed in a manner
permitting--
(A) the continuation of grazing pursuant to applicable law
and Executive orders where permitted on the date of the
enactment of this Act;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation; and
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities.
(3)(A) All nonmilitary use of the lands withdrawn by this chapter,
other than the uses described in paragraph (2), shall be subject to
such conditions and restrictions as may be necessary to permit the
military use of such lands for the purposes specified in or authorized
pursuant to this chapter.
(B) The Secretary of the Interior may issue any lease, easement,
right-of-way, or other authorization with respect to the nonmilitary
use of such lands only with the concurrence of the Secretary of the
military department concerned.
(b) Closure to Public.--(1) If the Secretary of the military
department concerned determines that military operations, public
safety, or national security require the closure to public use of any
road, trail, or other portion of the lands withdrawn by this chapter,
that Secretary may take such action as that Secretary determines
necessary to effect and maintain such closure.
(2) Any such closure shall be limited to the minimum areas and
periods which the Secretary of the military department concerned
determines are required to carry out this subsection.
(3) During any closure under this subsection, the Secretary of the
military department concerned shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) Management Plan.--(1)(A) The Secretary of the Interior (after
consultation with the Secretary of the military department concerned)
shall develop a plan for the management of each area withdrawn by this
chapter.
(2) Each plan shall--
(A) be consistent with applicable law;
(B) be subject to conditions and restrictions specified in
subsection (a)(3); and
(C) include such provisions as may be necessary for proper
management and protection of the resources and values of such
areas.
(3) The Secretary of the Interior shall develop each plan required
by this subsection not later than three years after the date of the
enactment of this Act. In developing a plan for an area, the Secretary
may utilize or modify appropriate provisions of the management plan
developed for the area under section 3(c) of the Military Lands
Withdrawal Act of 1986.
(d) Brush and Range Fires.--(1) The Secretary of the military
department concerned shall take necessary precautions to prevent and
suppress brush and range fires occurring within and outside the lands
withdrawn by this chapter as a result of military activities and may
seek assistance from the Bureau of Land Management in the suppression
of such fires.
(2) Each memorandum of understanding required by subsection (e)
shall provide for Bureau of Land Management assistance in the
suppression of fires referred to in paragraph (1) in the area covered
by the memorandum of understanding, and for a transfer of funds from
the military department concerned to the Bureau of Land Management as
compensation for such assistance.
(e) Memorandum of Understanding.--(1) The Secretary of the Interior
and the Secretary of the military department concerned shall (with
respect to each area withdrawn by section 9002) enter into a memorandum
of understanding to implement the management plan developed under
subsection (c).
(2) Each memorandum of understanding shall provide that the
Director of the Bureau of Land Management shall provide assistance in
the suppression of fires resulting from the military use of lands
withdrawn by this chapter if requested by the Secretary of the military
department concerned.
(f) Additional Military Uses.--(1) The lands withdrawn by this
chapter may be used for defense-related uses other than those specified
in the applicable provision of section 9002. The use of such lands for
such purposes shall be governed by all laws applicable to such lands,
including this chapter.
(2)(A) The Secretary of Defense shall promptly notify the Secretary
of the Interior in the event that the lands withdrawn by this chapter
will be used for defense-related purposes other than those specified in
section 9002.
(B) Such notification shall indicate the additional use or uses
involved, the proposed duration of such uses, and the extent to which
such additional military uses of the lands will require that additional
or more stringent conditions or restrictions be imposed on otherwise-
permitted nonmilitary uses of the land or portions thereof.
(3) Subject to valid existing rights, the Secretary of the military
department concerned may utilize sand, gravel, or similar mineral or
material resources on the lands withdrawn by this chapter when the use
of such resources is required to meet the construction needs of the
military department concerned on the lands withdrawn by this chapter.
Sec. 9005. Land Management Analysis. (a) Periodic Analysis
Required.--Not later than 10 years after the date of the enactment of
this Act, and every 10 years thereafter, the Secretary of the military
department concerned shall, in consultation with the Secretary of the
Interior, conduct an analysis of the degree to which the management of
the lands withdrawn by this chapter conforms to the requirements of
laws applicable to the management of such lands, including this
chapter.
(b) Deadline.--Each analysis under this section shall be completed
not later than 270 days after the commencement of such analysis.
(c) Limitation on Cost.--The cost of each analysis under this
section may not exceed $900,000 in constant 1999 dollars.
(d) Report.--Not later than 90 days after the date of the
completion of an analysis under this section, the Secretary of the
military department concerned shall submit to Congress a report on the
analysis. The report shall set forth the results of the analysis and
include any other matters relating to the management of the lands
withdrawn by this chapter that such Secretary considers appropriate.
Sec. 9006. Ongoing Environmental Restoration. (a) Requirement.--To
the extent provided in advance in appropriations Acts, the Secretary of
the military department concerned shall carry out a program to provide
for the environmental restoration of the lands withdrawn by this
chapter in order to ensure a level of environmental decontamination of
such lands equivalent to the level of environmental decontamination
that exists on such lands as of the date of the enactment of this Act.
(b) Reports.--(1) At the same time the President submits to
Congress the budget for any fiscal year after fiscal year 2000, the
Secretary of the military department concerned shall submit to the
committees referred to in paragraph (2) a report on environmental
restoration activities relating to the lands withdrawn by this chapter.
The report shall satisfy the requirements of section 2706(a) of title
10, United States Code, with respect to the activities on such lands.
(2) The committees referred to in paragraph (1) are the Committees
on Appropriations, Armed Services, and Energy and Natural Resources of
the Senate and the Committees on Appropriations, Armed Services, and
Resources of the House of Representatives.
Sec. 9007. Relinquishment. (a) Authority.--The Secretary of the
military department concerned may relinquish all or any of the lands
withdrawn by this chapter to the Secretary of the Interior.
(b) Notice.--If the Secretary of the military department concerned
determines to relinquish any lands withdrawn by this chapter under
subsection (a), that Secretary shall transmit to the Secretary of the
Interior a notice of intent to relinquish such lands.
(c) Determination of Contamination.--(1) Before transmitting a
notice of intent to relinquish any lands under subsection (b), the
Secretary of Defense, acting through the military department concerned,
shall determine whether and to what extent such lands are contaminated
with explosive, toxic, or other hazardous materials.
(2) A copy of a determination with respect to any lands under
paragraph (1) shall be transmitted to the Secretary of the Interior
together with the notice of intent to relinquish such lands under
subsection (b).
(3) Copies of both the notice of intent to relinquish lands under
subsection (b) and the determination regarding the contamination of
such lands under this subsection shall be published in the Federal
Register by the Secretary of the Interior.
(d) Decontamination.--(1) If any land subject to a notice of intent
to relinquish under subsection (a) is contaminated, and the Secretary
of the Interior, in consultation with the Secretary of the military
department concerned, makes the determination described in paragraph
(2), the Secretary of the military department concerned shall, to the
extent provided in advance in appropriations Acts, undertake the
environmental decontamination of the land.
(2) A determination referred to in this paragraph is a
determination that--
(A) decontamination of the land concerned is practicable
and economically feasible (taking into consideration the
potential future use and value of the land); and
(B) upon decontamination, the land could be opened to
operation of some or all of the public land laws, including the
mining laws.
(e) Alternatives.--(1) If a circumstance described in paragraph (2)
arises with respect to any land which is covered by a notice of intent
to relinquish under subsection (a), the Secretary of the Interior shall
not be required to accept the land under this section.
(2) A circumstance referred to in this paragraph is--
(A) a determination by the Secretary of the Interior, in
consultation with the Secretary of the military department
concerned that--
(i) decontamination of the land is not practicable
or economically feasible; or
(ii) the land cannot be decontaminated to a
sufficient extent to permit its opening to the
operation of some or all of the public land laws; or
(B) the appropriation by Congress of amounts that are
insufficient to provide for the decontamination of the land.
(f) Status of Contaminated Lands.--If, because of their
contaminated state, the Secretary of the Interior declines to accept
jurisdiction over lands withdrawn by this chapter which have been
proposed for relinquishment under subsection (a)--
(1) the Secretary of the military department concerned
shall take appropriate steps to warn the public of the
contaminated state of such lands and any risks associated with
entry onto such lands; and
(2) the Secretary of the military department concerned
shall report to the Secretary of the Interior and to Congress
concerning the status of such lands and all actions taken in
furtherance of this subsection.
(g) Revocation of Authority.--(1) Notwithstanding any other
provision of law, the Secretary of the Interior may, upon deciding that
it is in the public interest to accept jurisdiction over lands proposed
for relinquishment pursuant to subsection (a), revoke the withdrawal
established by this chapter as it applies to such lands.
(2) Should the decision be made to revoke the withdrawal, the
Secretary of the Interior shall publish in the Federal Register an
appropriate order which shall--
(A) terminate the withdrawal;
(B) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(C) state the date upon which the lands will be opened to
the operation of some or all of the public lands laws,
including the mining laws.
(h) Treatment of Certain Relinquished Lands.--Any lands withdrawn
by section 9002(b) or 9002(c) that are relinquished under this section
shall be public lands under the jurisdiction of the Bureau of Land
Management and shall be consider vacant, unreserved, and unappropriated
for purposes of the public land laws.
Sec. 9008. Delegability. (a) Defense.--The functions of the
Secretary of Defense or of the Secretary of a military department under
this chapter may be delegated.
(b) Interior.--The functions of the Secretary of the Interior under
this chapter may be delegated, except that an order described in
section 9007(g) may be approved and signed only by the Secretary of the
Interior, the Under Secretary of the Interior, or an Assistant
Secretary of the Interior.
Sec. 9009. Water Rights. Nothing in this chapter shall be construed
to establish a reservation to the United States with respect to any
water or water right on the lands described in section 9002. No
provision of this chapter shall be construed as authorizing the
appropriation of water on lands described in section 9002 by the United
States after the date of the enactment of this Act except in accordance
with the law of the relevant State in which lands described in section
9002 are located. This section shall not be construed to affect water
rights acquired by the United States before the date of the enactment
of this Act.
Sec. 9010. Hunting, Fishing, and Trapping. All hunting, fishing,
and trapping on the lands withdrawn by this chapter shall be conducted
in accordance with the provisions of section 2671 of title 10, United
States Code.
Sec. 9011. Mining and Mineral Leasing. (a) Determination of Lands
Suitable for Opening.--(1) As soon as practicable after the date of the
enactment of this Act and at least every five years thereafter, the
Secretary of the Interior shall determine, with the concurrence of the
Secretary of the military department concerned, which public and
acquired lands (except as provided in this subsection) described in
subsections (a), (b), and (c) of section 9002 the Secretary of the
Interior considers suitable for opening to the operation of the Mining
Law of 1872, the Mineral Lands Leasing Act of 1920, the Mineral Leasing
Act for Acquired Lands of 1947, the Geothermal Steam Act of 1970, or
any one or more of such Acts.
(2) The Secretary of the Interior shall publish a notice in the
Federal Register listing the lands determined suitable for opening
pursuant to this section and specifying the opening date.
(b) Opening Lands.--On the day specified by the Secretary of the
Interior in a notice published in the Federal Register pursuant to
subsection (a), the land identified under subsection (a) as suitable
for opening to the operation of one or more of the laws specified in
subsection (a) shall automatically be open to the operation of such
laws without the necessity for further action by the Secretary or
Congress.
(c) Exception for Common Varieties.--No deposit of minerals or
materials of the types identified by section 3 of the Act of July 23,
1955 (69 Stat. 367), whether or not included in the term ``common
varieties'' in that Act, shall be subject to location under the Mining
Law of 1872 on lands described in section 9002.
(d) Regulations.--(1) The Secretary of the Interior, with the
advice and concurrence of the Secretary of the military department
concerned, shall prescribe such regulations to implement this section
as may be necessary to assure safe, uninterrupted, and unimpeded use of
the lands described in section 9002 for military purposes.
(2) Such regulations shall contain guidelines to assist mining
claimants in determining how much, if any, of the surface of any lands
opened pursuant to this section may be used for purposes incident to
mining.
(e) Closure of Mining Lands.--In the event of a national emergency
or for purposes of national defense or security, the Secretary of the
Interior, at the request of the Secretary of the military department
concerned, shall close any lands that have been opened to mining or to
mineral or geothermal leasing pursuant to this section.
(f) Laws Governing Mining on Withdrawn Lands.--(1) Except as
otherwise provided in this chapter, mining claims located pursuant to
this chapter shall be subject to the provisions of the mining laws. In
the event of a conflict between those laws and this chapter, this
chapter shall prevail.
(2) All mining claims located under the terms of this chapter shall
be subject to the provisions of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(g) Patents.--(1) Patents issued pursuant to this chapter for
locatable minerals shall convey title to locatable minerals only,
together with the right to use so much of the surface as may be
necessary for purposes incident to mining under the guidelines for such
use established by the Secretary of the Interior by regulation.
(2) All such patents shall contain a reservation to the United
States of the surface of all lands patented and of all nonlocatable
minerals on those lands.
(3) For the purposes of this subsection, all minerals subject to
location under the Mining Law of 1872 shall be treated as locatable
minerals.
Sec. 9012. Immunity of United States. The United States and all
departments or agencies thereof shall be held harmless and shall not be
liable for any injuries or damages to persons or property suffered in
the course of any mining or mineral or geothermal leasing activity
conducted on lands described in section 9002.
CHAPTER 2
McGREGOR RANGE LAND WITHDRAWAL
Sec. 9051. Short Title. This chapter may be cited as the ``McGregor
Range Withdrawal Act''.
Sec. 9052. Definitions. In this chapter:
(1) The term ``Materials Act'' means the Act of July 31,
1947 (commonly known as the Materials Act of 1947; 30 U.S.C.
601-604).
(2) The term ``management plan'' means the natural
resources management plan prepared by the Secretary of the Army
pursuant to section 9055(e).
(3) The term ``withdrawn lands'' means the lands described
in subsection (d) of section 9053 that are withdrawn and
reserved under section 9053.
(4) The term ``withdrawal period'' means the period
specified in section 9057(a).
Sec. 9053. Withdrawal and Reservation of Lands at McGregor Range,
New Mexico. (a) Withdrawal.--Subject to valid existing rights, and
except as otherwise provided in this chapter, the Federal lands at
McGregor Range in the State of New Mexico that are described in
subsection (d) are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws, but not the
Materials Act.
(b) Purpose.--The purpose of the withdrawal is to support military
training and testing, all other uses of the withdrawn lands shall be
secondary in nature.
(c) Reservation.--The withdrawn lands are reserved for use by the
Secretary of the Army for military training and testing.
(d) Land Description.--The lands withdrawn and reserved by this
section (a) comprise approximately 608,000 acres of Federal land in
Otero County, New Mexico, as generally depicted on the map entitled
``McGregor Range Land Withdrawal-Proposed,'' dated January ____, 1999,
and filed in accordance with section 9054.
Sec. 9054. Maps and Legal Description. (a) Preparation of Maps and
Legal Description.--As soon as practicable after the date of the
enactment of this Act, the Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the withdrawn lands; and
(2) file one or more maps of the withdrawn lands and the
legal description of the withdrawn lands with the Committee on
Energy and Natural Resources of the Senate and with the
Committee on Resources of the House of Representatives.
(b) Legal Effect.--The maps and legal description shall have the
same force and effect as if they were included in this chapter, except
that the Secretary of the Interior may correct clerical and
typographical errors in the maps and legal description.
(c) Availability.--Copies of the maps and the legal description
shall be available for public inspection in the offices of the New
Mexico State Director and Las Cruces Field Office Manager of the Bureau
of Land Management and in the office of the Commander Officer of Fort
Bliss, Texas.
Sec. 9055. Management of Withdrawn Lands. (a) General Management
Authority.--During the withdrawal period, the Secretary of the Army
shall manage the withdrawn lands, in accordance with the provisions of
this chapter and the management plan prepared under subsection (e), for
the military purposes specified in section 9053(c).
(b) Access Restrictions.--
(1) Authority to close.--Subject to paragraph (2), if the
Secretary of the Army determines that military operations,
public safety, or national security require the closure to
public use of any portion of the withdrawn lands (including any
road or trail therein) commonly in public use, the Secretary of
the Army is authorized to take such action.
(2) Requirements.--Any closure under paragraph (1) shall be
limited to the minimum areas and periods required for the
purposes specified in such paragraph. During a closure, the
Secretary of the Army shall keep appropriate warning notices
posted and take appropriate steps to notify the public about
the closure.
(c) Management of Withdrawn and Acquired Mineral Resources.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Interior shall manage all withdrawn and
acquired mineral resources within the boundaries of McGregor
Range in accordance with Public Law 85-337 (commonly known as
the Engle Act; 43 U.S.C. 155-158).
(2) Management of mineral materials.--Notwithstanding any
other provision of this chapter or the Materials Act, the
Secretary of the Army may use, from the withdrawn lands, sand,
gravel, or similar mineral material resources of the type
subject to disposition under the Materials Act, when the use of
such resources is required for construction needs of Fort
Bliss.
(d) Hunting, Fishing, and Trapping.--All hunting, fishing, and
trapping on the withdrawn lands shall be conducted in accordance with
section 2671 of title 10, United States Code, and the Sikes Act (16
U.S.C. 670 et seq.).
(e) Management Plan.--
(1) Required.--The Secretary of the Army and the Secretary
of the Interior shall jointly develop a natural resources
management plan for the lands withdrawn under this chapter for
the withdrawal period. The management plan shall be developed
not later than three years after the date of the enactment of
this Act and shall be reviewed at least once every five years
after its adoption to determine if it should be amended.
(2) Content.--The management plan shall--
(A) include provisions for proper management and
protection of the natural, cultural, and other
resources and values of the withdrawn lands and for use
of such resources to the extent consistent with the
purpose of the withdrawal specified in section 9053(b);
(B) identify the withdrawn lands (if any) that are
suitable for opening to the operation of the mineral
leasing or geothermal leasing laws;
(C) provide for the continuation of livestock
grazing at the discretion of the Secretary of the Army
under such authorities as are available to the
Secretary; and
(D) provide that the Secretary of the Army shall
take necessary precautions to prevent, suppress, or
manage brush and range fires occurring within the
boundaries of McGregor Range, as well as brush and
range fires occurring outside the boundaries of
McGregor Range resulting from military activities at
the range.
(3) Fire suppression assistance.--The Secretary of the Army
may seek assistance from the Bureau of Land Management in
suppressing any brush or range fire occurring within the
boundaries of McGregor Range or any brush or range fire
occurring outside the boundaries of McGregor Range resulting
from military activities at the range. The memorandum of
understanding under section 9056 shall provide for assistance
from the Bureau of Land Management in the suppression of such
fires and require the Secretary of the Army to reimburse the
Bureau of Land Management for such assistance.
Sec. 9056. Memorandum of Understanding. (a) Requirement.--The
Secretary of the Army and the Secretary of the Interior shall enter
into a memorandum of understanding to implement this chapter and the
management plan.
(b) Duration.--The duration of the memorandum of understanding
shall be the same as the withdrawal period.
(c) Amendment.--The memorandum of understanding may be amended by
agreement of both Secretaries.
Sec. 9057. Termination of Withdrawal and Reservation; Extension.
(a) Termination Date.--The withdrawal and reservation made by this
chapter shall terminate 50 years after the date of enactment of this
Act.
(b) Requirements for Extension.--
(1) Notice of continued military need.--Not later than five
years before the end of the withdrawal period, the Secretary of
the Army shall advise the Secretary of the Interior as to
whether or not the Army will have a continuing military need
for any or all of the withdrawn lands after the end of the
withdrawal period.
(2) Application for extension.--If the Secretary of the
Army determines that there will be a continuing military need
for any or all of the withdrawn lands after the end of the
withdrawal period, the Secretary of the Army shall file an
application for extension of the withdrawal and reservation of
the lands in accordance with the then existing regulations and
procedures of the Department of the Interior applicable to
extension of withdrawal of lands for military purposes and that
are consistent with this chapter. The application shall be
filed with the Department of the Interior not later than four
years before the end of the withdrawal period.
(c) Limitation on Extension.--The withdrawal and reservation made
by this chapter may not be extended or renewed except by Act or joint
resolution.
Sec. 9058. Relinquishment of Withdrawn Lands. (a) Filing of
Relinquishment Notice.--If, during the withdrawal period, the Secretary
of the Army decides to relinquish all or any portion of the withdrawn
lands, the Secretary of the Army shall file a notice of intention to
relinquish with the Secretary of the Interior.
(b) Determination of Presence of Contamination.--Before
transmitting a relinquishment notice under subsection (a), the
Secretary of the Army, in consultation with the Secretary of the
Interior, shall prepare a written determination concerning whether and
to what extent the lands to be relinquished are contaminated with
explosive, toxic, or other hazardous wastes and substances. A copy of
such determination shall be transmitted with the relinquishment notice.
(c) Decontamination and Remediation.--In the case of contaminated
lands which are the subject of a relinquishment notice, the Secretary
of the Army shall decontaminate or remediate the land to the extent
that funds are appropriated for such purpose if the Secretary of the
Interior, in consultation with the Secretary of the Army, determines
that--
(1) decontamination or remediation of the lands is
practicable and economically feasible, taking into
consideration the potential future use and value of the land;
and
(2) upon decontamination or remediation, the land could be
opened to the operation of some or all of the public land laws,
including the mining laws.
(d) Decontamination and Remediation Activities Subject to Other
Laws.--The activities of the Secretary of the Army under subsection (c)
are subject to applicable laws and regulations, including the Defense
Environmental Restoration Program established under section 2701 of
title 10, United States Code, the Comprehensive Environmental Response
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(e) Authority of Secretary of the Interior To Refuse Contaminated
Lands.--The Secretary of the Interior shall not be required to accept
lands specified in a relinquishment notice if the Secretary of the
Interior, after consultation with the Secretary of the Army, concludes
that--
(1) decontamination or remediation of any land subject to
the relinquishment notice is not practicable or economically
feasible;
(2) the land cannot be decontaminated or remediated
sufficiently to be opened to operation of some or all of the
public land laws; or
(3) a sufficient amount of funds are not appropriated for
the decontamination of the land.
(f) Status of Contaminated Lands.--If, because of the condition of
the lands, the Secretary of the Interior declines to accept
jurisdiction of lands proposed for relinquishment or, if at the
expiration of the withdrawal made under this chapter, the Secretary of
the Interior determines that some of the withdrawn lands are
contaminated to an extent which prevents opening such contaminated
lands to operation of the public land laws--
(1) the Secretary of the Army shall take appropriate steps
to warn the public of the contaminated state of such lands and
any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Army shall retain jurisdiction over the withdrawn lands,
but shall undertake no activities on such lands except in
connection with the decontamination or remediation of such
lands; and
(3) the Secretary of the Army shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken under paragraphs (1) and (2).
(g) Subsequent Decontamination or Remediation.--If lands covered by
subsection (f) are subsequently decontaminated or remediated and the
Secretary of the Army certifies that the lands are safe for nonmilitary
uses, the Secretary of the Interior shall reconsider accepting
jurisdiction over the lands.
(h) Revocation Authority.--Notwithstanding any other provision of
law, upon deciding that it is in the public interest to accept
jurisdiction over lands specified in a relinquishment notice, the
Secretary of the Interior may revoke the withdrawal and reservation
made under this chapter as it applies to such lands. If the decision be
made to accept the relinquishment and to revoke the withdrawal and
reservation, the Secretary of the Interior shall publish in the Federal
Register an appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of the public land laws, including the mining
laws, if appropriate.
Sec. 9059. Delegations of Authority. (a) Secretary of the Army.--
The functions of the Secretary of the Army under this chapter may be
delegated.
(b) Secretary of the Interior.--The functions of the Secretary of
the Interior under this chapter may be delegated, except that an order
under section 9058(h) to accept relinquishment of withdrawn lands may
be approved and signed only by the Secretary of the Interior, the
Deputy Secretary of the Interior, or an Assistant Secretary of the
Interior.
TITLE X
SUSPENSION OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN
Sec. 10001. Suspension of Sanctions. (a) In General.--Effective for
the period of five years commencing on the date of enactment of this
Act, the sanctions contained in the following provisions of law shall
not apply to India and Pakistan with respect to any grounds for the
imposition of sanctions under those provisions arising prior to that
date:
(1) Section 101 of the Arms Export Control Act (22 U.S.C.
2799aa).
(2) Section 102 of the Arms Export Control Act (22 U.S.C.
2799aa-1) other than subsection (b)(2)(B), (C), or (G).
(3) Section 2(b)(4) of the Export Import Bank Act of 1945
(12 U.S.C. 635(b)(4)).
(b) Special Rule for Commercial Exports of Dual-Use Articles and
Technology.--The sanction contained in section 102(b)(2)(G) of the Arms
Export Control Act (22 U.S.C. 2799aa-1(b)(2)(G)) shall not apply to
India or Pakistan with respect to any grounds for the imposition of
that sanction arising prior to the date of enactment of this Act if
imposition of the sanction (but for this paragraph) would deny any
license for the export of any dual-use article, or related dual-use
technology (including software), listed on the Commerce Control List of
the Export Administration Regulations that would not contribute
directly to missile development or to a nuclear weapons program. For
purposes of this subsection, an article or technology that is not
primarily used for missile development or nuclear weapons programs.
(c) National Security Interests Waiver of Sanctions.--
(1) In general.--The restriction on assistance in section
102(b)(2)(B), (C), or (G) of the Arms Export Control Act shall
not apply if the President determines, and so certifies to
Congress, that the application of the restriction would not be
in the national security interests of the United States.
(2) Sense of the Senate.--It is the sense of the Senate
that--
(A) no waiver under paragraph (1) should be invoked
for section 102(b)(2)(B) or (C) of the Arms Export
Control Act with respect to any party that initiates or
supports activities that jeopardize peace and security
in Jammu and Kashmir;
(B) the broad application of export controls to
nearly 300 Indian and Pakistani entities is
inconsistent with the specific national security
interests of the United States and that this control
list requires refinement; and
(C) export controls should be applied only to those
Indian and Pakistani entities that make direct and
material contributions to weapons of mass destruction
and missile programs and only to those items that can
contribute such programs.
(d) Reporting Requirement.--Not later than 60 days after the date
of enactment of this Act, the President shall submit a report to the
appropriate congressional committees listing those Indian and Pakistani
entities whose activities contribute directly and materially to missile
programs or weapons of mass destruction programs.
(e) Congressional Notification.--A license for the export of a
defense article, defense service, or technology is subject to the same
requirements as are applicable to the export of items described in
section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)),
including the transmittal of information and the application of
congressional review procedures described in that section.
(f) Renewal of Suspension.--Upon the expiration of the initial
five-year period of suspension of the sanctions contained in paragraph
(1) or (2) of subsection (a), the President may renew the suspension
with respect to India, Pakistan, or both for additional periods of five
years each if, not less than 30 days prior to each renewal of
suspension, the President certifies to the appropriate congressional
committees that it is in the national interest of the United States to
do so.
(g) Restriction.--The authority of subsection (a) may not be used
to provide assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to economic
support fund assistance) except for--
(1) assistance that supports the activities of
nongovernmental organizations;
(2) assistance that supports democracy or the establishment
of democratic institutions; or
(3) humanitarian assistance.
(h) Statutory Construction.--Nothing in this Act prohibits the
imposition of sanctions by the President under any provision of law
specified in subsection (a) or (b) by reason of any grounds for the
imposition of sanctions under that provision of law arising on or after
the date of enactment of this Act.
Sec. 10002. Repeals. The following provisions of law are repealed:
(1) Section 620E(e) of the Foreign Assistance Act of 1961
(22 U.S.C. 2375(e)).
(2) The India-Pakistan Relief Act (title IX of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999, as contained in
section 101(a) of Public Law 105-277).
Sec. 10003. Appropriate Congressional Committees Defined. In this
title, the term ``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
This Act may be cited as the ``Department of Defense Appropriations
Act, 2000''.
Passed the House of Representatives July 22, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate July 28, 1999.
Attest:
GARY SISCO,
Secretary.