[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2561 Received in Senate (RDS)]
1st Session
H. R. 2561
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 1999
Received
_______________________________________________________________________
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,
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, $21,475,732,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note),
to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to
the Department of Defense Military Retirement Fund, $16,737,072,000.
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, $6,353,622,000.
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,
$17,565,811,000.
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,
$2,235,055,000.
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, $1,425,210,000.
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,
$403,822,000.
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, $872,978,000.
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,
$3,486,427,000.
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,
$1,456,248,000.
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, $19,629,019,000 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:
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).
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,
$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.
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,
$2,822,004,000.
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, $21,641,099,000 and, in
addition, $50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
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:
``Other Procurement, Air Force'', $47,000,000;
``Procurement, Defense-Wide'', $100,000,000; and
``Research, Development, Test and Evaluation, Air Force'',
$30,000,000:
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.
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, $1,513,076,000.
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, $969,478,000.
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, $143,911,000.
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, $1,788,091,000.
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), $3,103,642,000.
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,
$3,239,438,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
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.
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: Provided further, That the transfer authority provided
in this paragraph is in addition to any other transfer authority
provided elsewhere in this Act.
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: Provided further, That the transfer authority provided
in this paragraph is in addition to any other transfer authority
provided elsewhere in this Act.
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: Provided further, That the
transfer authority provided in this paragraph is in addition to any
other transfer authority provided elsewhere in this Act.
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: Provided further, That the transfer authority provided
in this paragraph is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
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.
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, $456,100,000, to remain available
until September 30, 2002.
Quality of Life Enhancements, Defense
For expenses, not otherwise provided for, resulting from unfunded
shortfalls in the repair and maintenance of real property of the
Department of Defense (including military housing and barracks),
$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:
Army, $182,600,000;
Navy, $285,200,000;
Marine Corps, $62,100,000;
Air Force, $259,600,000; and
Defense-Wide, $10,500,000:
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.
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, $1,590,488,000, 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, $1,272,798,000, 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,
$1,556,665,000, 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, $1,228,770,000, 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,
$3,604,751,000, 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, $9,168,405,000, 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, $1,334,800,000, 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, $537,600,000, 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), $323,665,000;
DDG-51 destroyer program, $2,681,653,000;
LPD-17 amphibious transport dock ship, $1,508,338,000;
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: $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.
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; 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.
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, $1,333,120,000, to remain available
for obligation until September 30, 2002.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $8,298,313,000, 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,
$2,329,510,000, 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, $481,837,000, 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, $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.
Procurement, Defense-Wide
(including transfer of funds)
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.
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, $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.
Defense Production Act Purchases
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.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$5,148,093,000, 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,
$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.
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,
$13,709,233,000, 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, $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:
``International Cooperative Programs'' (ARROW anti-tactical
ballistic missile), $45,000,000;
``Navy Theater Wide Missile Defense System'', $35,000,000;
``PATRIOT PAC-3 Theater Missile Defense Acquisition--EMD'',
$75,000,000; and
``National Missile Defense Dem/Val'', $75,000,000:
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.
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, $271,957,000, 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, $29,434,000, 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: 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.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), $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.
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,
$11,078,417,000, 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.
Chemical Agents and Munitions Destruction, Army
(including transfer of funds)
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.
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, $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.
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, $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.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain proper funding level for continuing
the operation of the Central Intelligence Agency Retirement and
Disability System, $209,100,000.
Intelligence Community Management Account
(including transfer of funds)
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.
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, $15,000,000, 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
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:
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.
(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 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.
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
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.
(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. (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).
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
$26,588,000 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.
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) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year: Provided,
That a member of any such entity referred to previously in this
subsection shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 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
6,206 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,105 staff years may be
funded for the defense studies and analysis FFRDCs.
(e) 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.
(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.
(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.
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.
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 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.
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).
(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, or October 1, 1999, whichever is
later, from the following accounts and programs in the specified
amounts:
``Other Procurement, Navy, 1998/2000'', $6,384,000;
``Aircraft Procurement, Air Force, 1998/2000'',
$26,100,000;
``Missile Procurement, Air Force, 1998/2000'',
$100,000,000;
``Other Procurement, Army, 1999/2001'', $20,700,000;
``Aircraft Procurement, Navy, 1999/2001'', $62,500,000;
``Weapons Procurement, Navy, 1999/2001'', $8,000,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1999/2003'':
New Attack Submarine, $35,000,000;
CVN-69, $11,400,000;
``Other Procurement, Navy, 1999/2001'', $16,353,000;
``Aircraft Procurement, Air Force, 1999/2001'',
$81,229,000;
``Missile Procurement, Air Force, 1999/2001'',
$155,500,000;
``Research, Development, Test and Evaluation, Army, 1999/
2000'', $16,400,000;
``Research, Development, Test and Evaluation, Air Force,
1999/2000'', $49,921,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
1999/2000'', $23,500,000.
Sec. 8059. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the 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: Provided, That
notwithstanding any other provision of law, funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8069. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8070. Notwithstanding any other provision of law, the Naval
shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this
or any other Act.
Sec. 8071. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State (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.
Sec. 8072. During the current fiscal year, the Army shall use the
former George Air Force Base as the airhead for the National Training
Center at Fort Irwin: Provided, That none of the funds in this Act
shall be obligated or expended to transport Army personnel into Edwards
Air Force Base for training rotations at the National Training Center.
Sec. 8073. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense committees, the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate setting forth all
costs (including incremental costs) incurred by the Department of
Defense during the preceding quarter in implementing or supporting
resolutions of the United Nations Security Council, including any such
resolution calling for international sanctions, international
peacekeeping operations, and humanitarian missions undertaken by the
Department of Defense. The quarterly report shall include an aggregate
of all such Department of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the quarterly reports
all efforts made to seek credit against past United Nations
expenditures and all efforts made to seek compensation from the United
Nations for costs incurred by the Department of Defense in implementing
and supporting United Nations activities.
Sec. 8074. (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding any other provision of law, none of the
funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) 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. 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.
Sec. 8076. None of the funds available to the Department of Defense
shall be obligated or expended to make a financial contribution to the
United Nations for the cost of an United Nations peacekeeping activity
(whether pursuant to assessment or a voluntary contribution) or for
payment of any United States arrearage to the United Nations.
Sec. 8077. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense for costs of any amount paid
by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
Sec. 8078. (a) None of the funds appropriated or otherwise made
available in this Act may be used to transport or provide for the
transportation of chemical munitions or agents to the Johnston Atoll
for the purpose of storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition or agent of the United States
found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection (a)
during a period of war in which the United States is a party.
Sec. 8079. None of the funds provided in title II of this Act for
``Former Soviet Union Threat Reduction'' may be obligated or expended
to finance housing for any individual who was a member of the military
forces of the Soviet Union or for any individual who is or was a member
of the military forces of the Russian Federation.
(including transfer of funds)
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.
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.
Sec. 8082. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
(transfer of funds)
Sec. 8083. Upon enactment of this Act, the Secretary of Defense
shall make the following transfers of funds: Provided, That the amounts
transferred shall be available for the same purposes as the
appropriations to which transferred, and for the same time period as
the appropriation from which transferred: Provided further, That the
amounts shall be transferred between the following appropriations in
the amount specified:
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1988/2001'':
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, $29,844,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1999/2002'':
Craft, outfitting, post delivery,
conversions, and first destination
transportation, $5,357,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1994/2003'':
LHD-1 amphibious assault ship program,
$23,900,000;
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, 1995/1999'':
DDG-51 destroyer program, $5,383,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2000'':
LPD-17 amphibious transport dock ship,
$168,000;
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;
From:
Under the heading, ``National Defense Sealift Fund,
1996'':
Defense features, $30,000,000;
Under the heading, ``National Defense Sealift Fund,
1999'':
Research, development, test and evaluation,
$8,000,000;
To:
Under the heading, ``National Defense Sealift Fund,
1997'':
Maritime pre-positioning force enhancement,
$38,000,000.
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.
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.
Sec. 8086. The Secretary of Defense may waive reimbursement of the
cost of conferences, seminars, courses of instruction, or similar
educational activities of the Asia-Pacific Center for Security Studies
for military officers and civilian officials of foreign nations if the
Secretary determines that attendance by such personnel, without
reimbursement, is in the national security interest of the United
States: Provided, That costs for which reimbursement is waived pursuant
to this subsection shall be paid from appropriations available for the
Asia-Pacific Center.
Sec. 8087. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8088. Using funds available by this Act or any other Act, the
Secretary of the Air Force, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished heat may be obtained from private,
regional or municipal services, if provisions are included for the
consideration of United States coal as an energy source.
Sec. 8089. 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. 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.
(rescissions)
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:
``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. 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.
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.
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.
(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. 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.
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.
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.
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''.
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.
training and other programs
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.
(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.
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:
``Military Personnel, Army'', $19,100,000;
``Military Personnel, Navy'', $2,200,000;
``Military Personnel, Air Force'', $9,900,000;
``Operation and Maintenance, Army'', $80,700,000;
``Operation and Maintenance, Navy'', $13,700,000;
``Operation and Maintenance, Air Force,'' $26,900,000;
``Operation and Maintenance, Defense-Wide'', $8,700,000;
and
``Defense Health Program'', $9,800,000.
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.
u.s. army national training center access and training enhancements
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.
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.
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.
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.
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.
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.
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:
``Operation and Maintenance, Army'', $34,300,000;
``Operation and Maintenance, Navy'', $22,800,000;
``Operation and Maintenance, Marine Corps'', $1,400,000;
and
``Operation and Maintenance, Air Force'', $41,500,000:
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.
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.
(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.
(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.
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.
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.
(including transfer of funds)
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:
``Reserve Personnel, Army'', $2,000,000;
``National Guard Personnel, Army'', $4,310,000;
``National Guard Personnel, Air Force'', $1,080,000;
``Operation and Maintenance, Army'', $12,110,000;
``Operation and Maintenance, Army National Guard'',
$12,320,000;
``Other Procurement, Army'', $12,180,000; and
``Research, Development, Test and Evaluation, Army'',
$6,000,000:
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.
(including transfer of funds)
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.
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.
(b) This report shall include, but not be limited to, an assessment
of the following issues:
(1) The ability of a single site, versus multiple sites, to
counter the expected ballistic missile threat;
(2) The optimum basing locations for a single and multiple
site National Missile Defense system;
(3) The survivability and redundancy of potential National
Missile Defense systems under a single or multiple site
architecture;
(4) The estimated costs (including development,
construction and infrastructure, and procurement of equipment)
associated with different site deployment options; and
(5) Other issues bearing on deploying a National Missile
Defense system at one or more sites.
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.
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.
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.
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.
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.
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.
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.
Sec. 8123. During the current fiscal year--
(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
(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.
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.
information technology systems
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.
(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:
(1) Business process reengineering.
(2) An analysis of alternatives.
(3) An economic analysis that includes a calculation of the
return on investment.
(4) Performance measures.
(5) Effective information security measure.
(c) Definitions.--For purposes of this section:
(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.
(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.
(3) The term ``national security system'' has the meaning
given that term in section 5142 of such Act (40 U.S.C. 1452).
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.
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.
(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).
(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)).
(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)).
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.
(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 signficant 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.
department of defense report on the conduct of operation desert fox and
operation allied force
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.
(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:
(1) United States military objectives in these operations.
(2) With respect to Operation Allied Force, the military
strategy of the North Atlantic Treaty Organization (NATO) to
obtain said military objectives.
(3) The command structure for the execution of Operation
Allied Force.
(4) The process for identifying, nominating, selecting, and
verifying targets to be attacked during Operation Desert Fox
and Operation Allied Force.
(5) A comprehensive battle damage assessment of targets
prosecuted during the conduct of the air campaigns in these
operations, to include--
(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;
(B) mobile military targets such as tanks, armored
personnel carriers, artillery pieces, trucks, and air
defense assets;
(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
(D) a discussion of decoy, deception and counter-
intelligence techniques employed by the Iraqi and
Serbian military.
(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--
(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;
(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
(C) any equipment or capabilities that were
introduced to these operations' respective theater of
operations that could have been used but were not.
(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.
(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).
(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.
(10) The effectiveness of reserve component forces
including their use and performance in the theater of
operations.
(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.
(c) The report should also contain:
(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.
(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--
(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;
(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
(C) what adjustments need to be made to current
defense planning and budgets, and specific programs to
redress any deficiencies identified by this analysis.
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)''.
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.
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.