[106th Congress Public Law 259]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ259.106]
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DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2001
[[Page 114 STAT. 656]]
Public Law 106-259
106th Congress
An Act
Making appropriations <<NOTE: Aug. 9, 2000 - [H.R. 4576]>> for the
Department of Defense for the fiscal year ending September 30, 2001, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That <<NOTE: Department
of Defense Appropriations Act, 2001.>> the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2001, for
military functions administered by the Department of Defense, and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the
Department of Defense Military Retirement Fund, $22,175,357,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the
Department of Defense Military Retirement Fund, $17,772,297,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and
[[Page 114 STAT. 657]]
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, $6,833,100,000.
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,
$18,174,284,000.
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,
$2,473,001,000.
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, $1,576,174,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent
[[Page 114 STAT. 658]]
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,
$448,886,000.
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,
$971,024,000.
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,
$3,782,536,000.
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,
$1,641,081,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
[[Page 114 STAT. 659]]
and not to exceed $10,616,000 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, $19,144,431,000 and, in
addition, $50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund: Provided, That <<NOTE: Deadline.>>
of the funds made available under this heading, $5,000,000, to remain
available until expended, shall be transferred to ``National Park
Service--Construction'' within 30 days of the 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.
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 $5,146,000 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,
$23,419,360,000 and, in addition, $50,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction Fund.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$2,778,758,000.
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 $7,878,000 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, $22,383,521,000 and, in
addition, $50,000,000, shall be derived by transfer from the National
Defense Stockpile Transaction Fund: Provided,
That <<NOTE: Grants. Florida Memorial College.>> notwithstanding any
other provision of law, that of the funds available under this heading,
$500,000 shall only be available to the Secretary of the Air Force for a
grant to Florida Memorial College for the purpose of funding minority
aviation training.
[[Page 114 STAT. 660]]
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,
$11,844,480,000, of which not to exceed $25,000,000 may be available for
the CINC initiative fund account; and of which not to exceed $30,000,000
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 provided under this heading,
$5,000,000, 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.
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, $1,562,118,000.
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, $978,946,000.
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, $145,959,000.
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, $1,903,659,000.
[[Page 114 STAT. 661]]
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), $3,333,835,000.
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, $3,474,375,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations by
United States military forces, $3,938,777,000, to remain available until
expended: Provided, That the Secretary of Defense may transfer these
funds only to military personnel accounts; operation and maintenance
accounts within this title; the Defense Health Program appropriation;
procurement accounts; research, development, test and evaluation
accounts; 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.
[[Page 114 STAT. 662]]
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, $8,574,000, 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, $389,932,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $294,038,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $376,300,000, 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.
[[Page 114 STAT. 663]]
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $21,412,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be merged
with and to be available for the same purposes and for the same time
period as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $231,499,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 2547, and 2551 of title
10, United States Code), $55,900,000, to remain available until
September 30, 2002.
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, $443,400,000, to remain available until September 30, 2003:
Provided, That of the amounts provided under this heading, $25,000,000
shall be available only to support the dismantling and disposal of
nuclear
[[Page 114 STAT. 664]]
submarines and submarine reactor components in the Russian Far East.
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),
$160,500,000, 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, 2002, as
follows:
Army, $100,000,000;
Navy, $20,000,000;
Marine Corps, $10,000,000;
Air Force, $20,000,000; 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 education 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, $1,571,812,000, to remain available for obligation until
September 30, 2003: Provided, That of the $189,601,000 appropriated
under this heading for the procurement of UH-60 helicopters, $78,520,000
shall be available only for the procurement of eight such aircraft to be
provided to the Army Reserve.
[[Page 114 STAT. 665]]
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, $1,320,681,000, to remain available for obligation until
September 30, 2003.
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, $2,472,524,000, to
remain available for obligation until September 30, 2003.
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, $1,220,516,000, to remain available for obligation until
September 30, 2003.
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 35 passenger motor vehicles for
replacement only; and the purchase of 12 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
[[Page 114 STAT. 666]]
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, $4,497,009,000, to remain available for obligation
until September 30, 2003.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$8,477,138,000, to remain available for obligation until September 30,
2003.
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, $1,461,600,000, to remain available for obligation
until September 30, 2003.
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, $498,349,000, to remain available for obligation until
September 30, 2003.
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;
[[Page 114 STAT. 667]]
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:
Carrier Replacement Program, $4,053,653,000;
Carrier Replacement Program (AP), $21,869,000;
NSSN, $1,198,012,000;
NSSN (AP), $508,222,000;
CVN Refuelings, $698,441,000;
CVN Refuelings (AP), $25,000,000;
Submarine Refuelings, $210,414,000;
Submarine Refuelings (AP), $72,277,000;
DDG-51 destroyer program, $2,703,559,000;
DDG-51 destroyer program (AP), $456,843,000;
LPD-17 (AP), $560,700,000;
LHD-8, $460,000,000;
ADC(X), $338,951,000;
LCAC landing craft air cushion program, $15,615,000; and
For craft, outfitting, post delivery, conversions, and first
destination transformation transportation, $291,077,000;
In all: $11,614,633,000, to remain available for obligation until
September 30, 2005: Provided, That additional obligations may be
incurred after September 30, 2005, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further,
That <<NOTE: Contracts.>> the Secretary of the Navy is hereby granted
the authority to enter into a contract for an LHD-1 Amphibious Assault
Ship which shall be funded on an incremental basis: Provided further,
That the amount made available for the LPD-17 program may be obligated
for expenditure for the procurement of contractor furnished and
Government furnished material and equipment, and necessary advance
construction activities.
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 63 passenger motor vehicles for replacement
only, and the purchase of one vehicle required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $200,000; 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,
$3,557,380,000, to remain available for obligation until September 30,
2003.
[[Page 114 STAT. 668]]
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 33 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, $1,233,268,000, to remain available for obligation
until September 30, 2003.
Aircraft Procurement, Air Force
For construction, procurement, lease, and modification of aircraft
and equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $7,583,345,000, to remain available for
obligation until September 30, 2003.
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, $2,863,778,000,
to remain available for obligation until September 30, 2003.
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
[[Page 114 STAT. 669]]
expenses necessary for the foregoing purposes, $647,808,000, to remain
available for obligation until September 30, 2003.
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 173,
passenger motor vehicles for replacement only, and the purchase of one
vehicle required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to exceed
$200,000; lease of passenger motor vehicles; and expansion of public and
private plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $7,763,747,000, to remain available for obligation until
September 30, 2003.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of not to
exceed 115 passenger motor vehicles for replacement only; the purchase
of 10 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, $2,346,258,000, to
remain available for obligation until September 30, 2003.
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), $3,000,000 only for microwave power
tubes and the wireless vibration sensor supplier initiative and to
remain available until expended.
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, $100,000,000, to remain available for
obligation until September 30, 2003: Provided, That <<NOTE: Deadline.>>
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
[[Page 114 STAT. 670]]
assessment for their respective Reserve or National Guard component.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $6,342,552,000, to
remain available for obligation until September 30, 2002.
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, $9,494,374,000, to
remain available for obligation until September 30, 2002: 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.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $14,138,244,000, to
remain available for obligation until September 30, 2002.
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, $11,157,375,000, to remain
available for obligation until September 30, 2002.
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, $227,060,000, to remain available for obligation until
September 30, 2002.
[[Page 114 STAT. 671]]
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $916,276,000: Provided, That
during fiscal year 2001, funds in the Defense Working Capital Funds may
be used for the purchase of not to exceed 330 passenger carrying 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), $400,658,000, 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.
National Defense Airlift Fund
(including transfer of funds)
For National Defense Airlift Fund programs, projects, and
activities, $2,840,923,000, to remain available until expended:
Provided, That these funds shall only be available for transfer to the
appropriate C-17 program P-1 line items of title III of this Act for the
purposes specified in this section: Provided further, That the funds
transferred under the authority provided within this section 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 is in
addition to any other transfer authority contained elsewhere in this
Act.
[[Page 114 STAT. 672]]
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,
$12,117,779,000, of which $11,414,393,000 shall be for Operation and
maintenance, of which not to exceed 2 percent shall remain available
until September 30, 2002; of which $290,006,000, to remain available for
obligation until September 30, 2003, shall be for Procurement; of which
$413,380,000, to remain available for obligation until September 30,
2002, shall be for Research, development, test and evaluation, and of
which $10,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted in
African nations.
Chemical Agents and Munitions Destruction, Army
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $980,100,000, of which $600,000,000 shall be
for Operation and maintenance to remain available until September 30,
2002, $105,700,000 shall be for Procurement to remain available until
September 30, 2003, and $274,400,000 shall be for Research, development,
test and evaluation to remain available until September 30, 2002:
Provided, That of the funds available under this heading, $1,000,000
shall be available until expended each year only for a Johnston Atoll
off-island leave program: Provided further, That the Secretaries
concerned shall, pursuant to uniform regulations, prescribe travel and
transportation allowances for travel by participants in the off-island
leave program: Provided further, That the amount available under
Operation and maintenance shall also be available for the conveyance,
without consideration, of the Emergency One Cyclone II Custom Pumper
truck subject to Army Loan DAAMO1-98-L-0001 to the Umatilla Indian
Tribe, the current lessee.
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, $869,000,000: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further,
[[Page 114 STAT. 673]]
That the transfer authority provided under this heading is in addition
to any other 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, $147,545,000, of which $144,245,000 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 $3,300,000 to remain available until September
30, 2003, 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 the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $216,000,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account, $148,631,000, of which $22,577,000 for the Advanced Research
and Development Committee shall remain available until September 30,
2002: Provided, That of the funds appropriated under this heading,
$34,100,000 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,
2003, and $1,000,000 for Research, development, test and evaluation
shall remain available until September 30, 2002: Provided further, That
the National Drug Intelligence Center shall maintain the personnel and
technical resources to provide timely support to law enforcement
authorities to conduct document exploitation of materials collected in
Federal, State, and local law enforcement activity.
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, $60,000,000, to
remain available until expended.
[[Page 114 STAT. 674]]
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183, $6,950,000, 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 <<NOTE: 10 USC 1584 note.>> 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 percent 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 the Congress: Provided further,
That <<NOTE: Notification.>> the Secretary of Defense shall notify the
Congress promptly of all transfers
[[Page 114 STAT. 675]]
made pursuant to this authority or any other authority in this Act:
Provided further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher priority
items, based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital funds in
this Act, no obligations may be made against a working capital fund to
procure or increase the value of war reserve material inventory, unless
the Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8007. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30 calendar
days in session in advance to the congressional defense committees.
Sec. 8008. <<NOTE: 10 USC 2306b note.>> None of the funds provided
in this Act shall be available to initiate: (1) a multiyear contract
that employs economic order quantity procurement in excess of
$20,000,000 in any 1 year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a contract for
advance procurement leading to a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in any 1
year, unless the congressional defense committees have been notified at
least 30 days in advance of the proposed contract award: Provided, That
no part of any appropriation contained in this Act shall be available to
initiate a multiyear contract for which the economic order quantity
advance procurement is not funded at least to the limits of the
Government's liability: Provided further, That no part of any
appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component thereof if
the value of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no multiyear
procurement contract can be terminated without 10-day prior notification
to the congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a present
value analysis to determine lowest cost compared to an annual
procurement.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
[[Page 114 STAT. 676]]
Javelin missile; M2A3 Bradley fighting vehicle; DDG-51
destroyer; and UH-60/CH-60 aircraft.
Sec. 8009. <<NOTE: Reports. Deadline. 10 USC 401 note.>> Within the
funds appropriated for the operation and maintenance of the Armed
Forces, funds are hereby appropriated pursuant to section 401 of title
10, United States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United 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 the 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 2001, 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 2002 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2002 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
2002.
(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, <<NOTE: Applicability.>> 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(d) of title 38, United States Code, for any member of the armed
services who, on or after the date of the
[[Page 114 STAT. 677]]
enactment of this Act, enlists in the armed services for a period of
active duty of less than 3 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 19 noncombat arms skills
approved in advance by the Secretary of Defense: Provided
further, <<NOTE: Applicability.>> 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: <<NOTE: Applicability.>> 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 10 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 percent ownership by an Indian
tribe, as defined in section 450b(e) of title 25, United States Code, or
a Native Hawaiian organization, as defined in section 637(a)(15) of
title 15, United States Code.
(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.
[[Page 114 STAT. 678]]
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) or TRICARE 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 persons with disabilities 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. <<NOTE: 10 USC 2687 note.>> 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
[[Page 114 STAT. 679]]
Department of Defense's budget submission for fiscal year 2002 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, <<NOTE: Reports. Deadline.>> 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. 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. 8022. 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 a subcontractor at any tier shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544).
Sec. 8023. 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, United States Code, 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,
[[Page 114 STAT. 680]]
United States Code, 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, United States Code, and such
leave shall be considered leave under section 6323(b) of title 5, United
States Code.
Sec. 8024. 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. 8025. 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. 8026. 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. 8027. 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. 8028. (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. 8029. 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. 8030. 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
[[Page 114 STAT. 681]]
Kuwait shall be credited to the appropriations or fund which incurred
such obligations.
Sec. 8031. Of the funds made available in this Act, not less than
$21,417,000 shall be available for the Civil Air Patrol Corporation, of
which $19,417,000 shall be available for Civil Air Patrol Corporation
operation and maintenance to support readiness activities which includes
$2,000,000 for the Civil Air Patrol counterdrug program: Provided, That
funds identified for ``Civil Air Patrol'' under this section are
intended for and shall be for the exclusive use of the Civil Air Patrol
Corporation and not for the Air Force or any unit thereof.
Sec. 8032. (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 2001 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 2001, not more than 6,227
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 1,009 staff years may be funded for the
defense studies and analysis FFRDCs.
(e) <<NOTE: Reports.>> The Secretary of Defense shall, with the
submission of the department's fiscal year 2002 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year.
Sec. 8033. 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, <<NOTE: Applicability.>> 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
[[Page 114 STAT. 682]]
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. 8034. 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. 8035. 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, <<NOTE: Certification.>> 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. 8036. <<NOTE: 41 USC 10b-2.>> (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) <<NOTE: Reports.>> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2001. 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. 8037. 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
[[Page 114 STAT. 683]]
for the purposes, provided in section 2865 of title 10, United States
Code.
(including transfer of funds)
Sec. 8038. 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. 8039. <<NOTE: President. 10 USC 221 note.>> 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. 8040. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities, Defense''
may be obligated for the Young Marines program.
(including transfer of funds)
Sec. 8041. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act: Provided, <<NOTE: Reports.>> That none of the
funds made available for expenditure under this section may be
transferred or obligated until 30 days after the Secretary of Defense
submits a report which details the balance available in the Overseas
Military Facility Investment Recovery Account, all projected income into
the account during fiscal years 2001 and 2002, and the specific
expenditures to be made using funds transferred from this account during
fiscal year 2001.
Sec. 8042. 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. 8043. 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. 8044. (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
[[Page 114 STAT. 684]]
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 2002 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2002 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 2002 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. 8045. 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, 2002: <<NOTE: 50 USC 403u note.>> 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. 8046. 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. 8047. Of the funds appropriated by the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $10,000,000 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. 8048. 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. 8049. 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. 8050. (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
[[Page 114 STAT. 685]]
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. 8051. 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. 8052. (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. 8053. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C.
[[Page 114 STAT. 686]]
414) during fiscal year 2001 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2001.
Sec. 8054. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to lease
real and personal property at Naval Air Facility, Adak, Alaska, pursuant
to 10 U.S.C. 2667(f ), for commercial, industrial or other purposes:
Provided, That notwithstanding any other provision of law, the Secretary
of the Navy may remove hazardous materials from facilities, buildings,
and structures at Adak, Alaska, and may demolish or otherwise dispose of
such facilities, buildings, and structures.
(rescissions)
Sec. 8055. 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, 2000, whichever is
later, from the following accounts in the specified amounts:
``Aircraft Procurement, Army, 2000/2002'', $7,000,000;
``Missile Procurement, Army, 2000/2002'', $6,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2000/2002'', $7,000,000;
``Procurement of Ammunition, Army, 2000/2002'', $5,000,000;
``Other Procurement, Army, 2000/2002'', $16,000,000;
``Aircraft Procurement, Navy, 2000/2002'', $24,125,000;
``Weapons Procurement, Navy, 2000/2002'', $3,853,000;
``Procurement of Ammunition, Navy and Marine Corps, 2000/
2002'', $1,463,000;
``Shipbuilding and Conversion, Navy, 2000/2004'',
$19,644,000;
``Other Procurement, Navy, 2000/2002'', $12,032,000;
``Procurement, Marine Corps, 2000/2002'', $3,623,000;
``Aircraft Procurement, Air Force, 2000/2002'', $32,743,000;
``Missile Procurement, Air Force, 2000/2002'', $5,500,000;
``Procurement of Ammunition, Air Force, 2000/2002'',
$1,232,000;
``Other Procurement, Air Force, 2000/2002'', $19,902,000;
``Procurement, Defense-Wide, 2000/2002'', $6,683,000;
``Research, Development, Test and Evaluation, Army, 2000/
2001'', $20,592,000;
``Research, Development, Test and Evaluation, Navy, 2000/
2001'', $35,621,000;
``Research, Development, Test and Evaluation, Air Force,
2000/2001'', $53,467,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2000/2001'', $36,297,000;
``Defense Health Program, 2000/2002'', $808,000; and
``Chemical Agents and Munitions Destruction, Army, 2000/
2002'', $1,103,000:
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: Provided
further, That such proportionate reduction shall not be applied to any
funds that will not remain available for obligation beyond fiscal year
2000: Provided further, That the following additional amounts are hereby
rescinded as of the date
[[Page 114 STAT. 687]]
of the enactment of this Act, or October 1, 2000, whichever is later,
from the following accounts in the specified amounts:
``Other Procurement, Army, 1999/2001'', $3,000,000;
``Aircraft Procurement, Air Force, 1999/2001'', $12,300,000;
``Other Procurement, Air Force, 1999/2001'', $8,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2000/2002'', $23,000,000;
``Other Procurement, Army, 2000/2002'', $29,300,000;
``Aircraft Procurement, Navy, 2000/2002'', $6,500,000;
``Aircraft Procurement, Air Force, 2000/2002'', $24,000,000;
``Missile Procurement, Air Force, 2000/2002'', $36,192,000;
``Other Procurement, Air Force, 2000/2002'', $20,000,000;
``Research, Development, Test and Evaluation, Army, 2000/
2001'', $22,000,000;
``Research, Development, Test and Evaluation, Air Force,
2000/2001'', $30,000,000; and
``Reserve Mobilization Income Insurance Fund'', $13,000,000.
Sec. 8056. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8057. 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. 8058. 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. 8059. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant 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
Combatant 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. 8060. 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, 2000 level: Provided, That the Service
[[Page 114 STAT. 688]]
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. 8061. 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.
Sec. 8062. <<NOTE: 10 USC 374 note.>> (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) <<NOTE: 50 USC 403f note.>> 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. 8063. 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. 8064. None of the funds appropriated in fiscal year 2000 and by
this Act may be used for the procurement of vessel propellers and 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:
Provided further, That this restriction shall not apply to the purchase
of ``commercial items'', as defined by section 4(12) of the Office of
Federal Procurement Policy Act, except that the restriction shall apply
to ball or roller bearings purchased as end items.
Sec. 8065. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
[[Page 114 STAT. 689]]
Sec. 8066. 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. 8067. 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. 8068. 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. 8069. 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. 8070. (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--
[[Page 114 STAT. 690]]
(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. 8071. 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, <<NOTE: Reports.>>
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. 8072. 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. 8073. (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. 8074. 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. 8075. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading
[[Page 114 STAT. 691]]
``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. 8076. <<NOTE: Applicability.>> 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. 8077. 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.
Sec. 8078. <<NOTE: Reports.>> The Under Secretary of Defense
(Comptroller) shall submit to the congressional defense committees by
February 1, 2001, 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 2002 budget request was reduced
because the Congress appropriated funds above the President's budget
request for that specific activity for fiscal year 2001.
Sec. 8079. 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.
[[Page 114 STAT. 692]]
Sec. 8080. During the current fiscal year, the Secretary of Defense
may waive reimbursement of the cost of conferences, seminars, courses of
instruction, or similar educational activities of the Asia-Pacific
Center for Security Studies for military officers and civilian officials
of foreign nations if the Secretary determines that attendance by such
personnel, without reimbursement, is in the national security interest
of the United States: Provided, That costs for which reimbursement is
waived pursuant to this section shall be paid from appropriations
available for the Asia-Pacific Center.
Sec. 8081. (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. 8082. 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. 8083. 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. 8084. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Foreign
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8085. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $800,000,000
to reflect working capital fund cash balance and rate stabilization
adjustments, to be distributed as follows:
``Operation and Maintenance, Army'', $40,794,000;
``Operation and Maintenance, Navy'', $271,856,000;
[[Page 114 STAT. 693]]
``Operation and Maintenance, Marine Corps'', $5,006,000;
``Operation and Maintenance, Air Force'', $294,209,000;
``Operation and Maintenance, Defense-Wide'', $10,864,000;
``Operation and Maintenance, Navy Reserve'', $31,669,000;
``Operation and Maintenance, Marine Corps Reserve'',
$563,000;
``Operation and Maintenance, Air Force Reserve'',
$43,974,000;
``Operation and Maintenance, Army National Guard'',
$15,572,000; and
``Operation and Maintenance, Air National Guard'',
$85,493,000.
Sec. 8086. Notwithstanding any other provision of this Act, the
amounts provided in all appropriation accounts in titles III and IV of
this Act are hereby reduced by 0.7 percent: Provided, That these
reductions shall be applied on a pro-rata basis to each line item,
program element, program, project, subproject, and activity within each
appropriation account: <<NOTE: Deadline. Reports.>> Provided further,
That not later than 60 days after the enactment of this Act, the Under
Secretary of Defense (Comptroller) shall submit a report to the
congressional defense committees listing the specific funding reductions
allocated to each category listed in the preceding proviso pursuant to
this section.
Sec. 8087. 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. 8088. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if the
Secretary determines that the application of the limitation with respect
to that country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of defense
items entered into under section 2531 of title 10, United States Code,
and the country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) <<NOTE: Applicability.>> Subsection (a) applies with respect
to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under headings
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.
Sec. 8089. Funds made available to the Civil Air Patrol in this Act
under the heading ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be used for the Civil Air Patrol Corporation's counterdrug
program, including its demand reduction program involving youth
programs, as well as operational and training
[[Page 114 STAT. 694]]
drug reconnaissance missions for Federal, State, and local government
agencies; for administrative costs, including the hiring of Civil Air
Patrol Corporation employees; for travel and per diem expenses of Civil
Air Patrol Corporation personnel in support of those missions; and for
equipment needed for mission support or performance: Provided, That the
Department of the Air Force should waive reimbursement from the Federal,
State, and local government agencies for the use of these funds.
Sec. 8090. <<NOTE: 10 USC 1073 note.>> Notwithstanding any other
provision of law, the TRICARE managed care support contracts in effect,
or in final stages of acquisition as of September 30, 2000, may be
extended for 2 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, 2000,
may include a base contract period for transition and up to seven 1-year
option periods.
Sec. 8091. 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. 8092. (a) Prohibition.--None of the funds made available by
this Act may be used to support any training program involving a unit of
the security forces of a foreign country if the Secretary of Defense has
received credible information from the Department of State that the unit
has committed a gross violation of human rights, unless all necessary
corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to conduct any
training program referred to in subsection (a), full consideration is
given to all credible information available to the Department of State
relating to human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a) if he
determines that such waiver is required by extraordinary circumstances.
(d) Report.--Not <<NOTE: Deadline.>> more than 15 days after the
exercise of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees describing
the extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information relating to
human rights violations that necessitates the waiver.
Sec. 8093. The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program to
distribute surplus dental equipment of the Department of Defense, at no
cost to the Department of Defense, to Indian health service facilities
and to federally-qualified health centers (within
[[Page 114 STAT. 695]]
the meaning of section 1905(l)(2)(B) of the Social Security Act (42
U.S.C. 1396d(l)(2)(B))).
Sec. 8094. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $856,900,000
to reflect savings from favorable foreign currency fluctuations, to be
distributed as follows:
``Military Personnel, Army'', $177,200,000;
``Military Personnel, Navy'', $53,400,000;
``Military Personnel, Marine Corps'', $14,200,000;
``Military Personnel, Air Force'', $147,600,000;
``Operation and Maintenance, Army'', $272,200,000;
``Operation and Maintenance, Navy'', $47,000,000;
``Operation and Maintenance, Marine Corps'', $2,200,000;
``Operation and Maintenance, Air Force'', $96,000,000;
``Operation and Maintenance, Defense-Wide'', $26,400,000;
and
``Defense Health Program'', $20,700,000.
Sec. 8095. 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 and propulsors 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. 8096. Of the funds made available in this Act, not less than
$65,200,000 shall be available to maintain an attrition reserve force of
18 B-52 aircraft, of which $3,200,000 shall be available from ``Military
Personnel, Air Force'', $36,900,000 shall be available from ``Operation
and Maintenance, Air Force'', and $25,100,000 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 18
attrition reserve aircraft, during fiscal year 2001: Provided further,
That the Secretary of Defense shall include in the Air Force budget
request for fiscal year 2002 amounts sufficient to maintain a B-52 force
totaling 94 aircraft.
Sec. 8097. <<NOTE: Budget. 10 USC 221 note.>> The budget of the
President for fiscal year 2002 submitted to the 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 Overseas
Contingency Operations Transfer Fund, the Operation and Maintenance
accounts, and the Procurement accounts: 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
[[Page 114 STAT. 696]]
weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32, as defined in the Department of Defense Financial Management
Regulation, for the Overseas Contingency Operations Transfer Fund for
fiscal years 2000 and 2001.
Sec. 8098. 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.
Sec. 8099. 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 30 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.
Sec. 8100. 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's case management program under 10 U.S.C. 1079(a)(17), 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: Provided, That the
case management program shall provide that members and retired members
of the military services, and their dependents and survivors, have
access to all medically necessary health care through the health care
delivery system of the military services regardless of the health care
status of the person seeking the health care: Provided further, That the
case management program shall be the primary obligor for payment of
medically necessary services and shall not be considered as secondarily
liable to title XIX of the Social Security Act, other welfare programs
or charity based care.
Sec. 8101. 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. 8102. (a) Registering Information Technology Systems With DOD
Chief Information Officer.--None of the funds appropriated in this Act
may be used for a mission critical or mission essential information
technology system (including a system funded by the defense working
capital fund) that is not registered
[[Page 114 STAT. 697]]
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. An information technology system shall be considered a
mission critical or mission essential information technology system as
defined by the Secretary of Defense.
(b) Certifications as to Compliance With Clinger-Cohen Act.--(1)
During the current fiscal year, a major automated information system may
not receive Milestone I approval, Milestone II approval, or Milestone
III approval, or their equivalent, within the Department of Defense
until the Chief Information Officer certifies, with respect to that
milestone, that the system is being developed in accordance with the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief
Information Officer may require additional certifications, as
appropriate, with respect to any such system.
(2) <<NOTE: Notification.>> The Chief Information Officer shall
provide the congressional defense committees timely notification of
certifications under paragraph (1). Each such notification shall
include, at a minimum, the funding baseline and milestone schedule for
each system covered by such a certification and confirmation that the
following steps have been taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of the
return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the
Department's Global Information Grid.
(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 system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(3) The term ``major automated information system'' has the
meaning given that term in Department of Defense Directive
5000.1.
Sec. 8103. 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. 8104. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held
[[Page 114 STAT. 698]]
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)'', except to an entity
performing demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the satisfaction
of the Department of Defense that armor piercing projectiles are either:
(1) rendered incapable of reuse by the demilitarization process; or (2)
used to manufacture ammunition pursuant to a contract with the
Department of Defense or the manufacture of ammunition for export
pursuant to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8105. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration that otherwise would be required under 10
U.S.C. 2667, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in 32 U.S.C.
508(d), or any other youth, social, or fraternal non-profit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8106. Notwithstanding any other provision of law, that not more
than 35 percent of funds provided in this Act, may be obligated for
environmental remediation under indefinite delivery/indefinite quantity
contracts with a total contract value of $130,000,000 or higher.
(transfer of funds)
Sec. 8107. Of the funds made available under the heading ``Operation
and Maintenance, Air Force'', $10,000,000 shall be transferred to the
Department of Transportation to enable the Secretary of Transportation
to realign railroad track on Elmendorf Air Force Base and Fort
Richardson.
Sec. 8108. <<NOTE: 10 USC 2488 note.>> None of the funds
appropriated by this Act shall be used for the support of any
nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and
wine are procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be made in
any State in which the installation is located: Provided further, That
such local procurement requirements for malt beverages and wine shall
apply to all alcoholic beverages only for military installations in
States which are not contiguous with another State: Provided further,
That alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be procured from
the most competitive source, price and other factors considered.
Sec. 8109. During the current fiscal year, under regulations
prescribed by the Secretary of Defense, the Center of Excellence for
Disaster Management and Humanitarian Assistance may also pay, or
authorize payment for, the expenses of providing or facilitating
education and training for appropriate military and civilian
[[Page 114 STAT. 699]]
personnel of foreign countries in disaster management, peace operations,
and humanitarian assistance: Provided, <<NOTE: Deadline. Reports.>>
That not later than April 1, 2001, the Secretary of Defense shall submit
to the congressional defense committees a report regarding the training
of foreign personnel conducted under this authority during the preceding
fiscal year for which expenses were paid under the section: Provided
further, That the report shall specify the countries in which the
training was conducted, the type of training conducted, and the foreign
personnel trained.
Sec. 8110. <<NOTE: Contracts.>> (a) The Department of Defense is
authorized to enter into agreements with the Veterans Administration and
federally-funded health agencies providing services to Native Hawaiians
for the purpose of establishing a partnership similar to the Alaska
Federal Health Care Partnership, in order to maximize Federal resources
in the provision of health care services by federally-funded health
agencies, applying telemedicine technologies. For the purpose of this
partnership, Native Hawaiians shall have the same status as other Native
Americans who are eligible for the health care services provided by the
Indian Health Service.
(b) The Department of Defense is authorized to develop a
consultation policy, consistent with Executive Order No. 13084 (issued
May 14, 1998), with Native Hawaiians for the purpose of assuring maximum
Native Hawaiian participation in the direction and administration of
governmental services so as to render those services more responsive to
the needs of the Native Hawaiian community.
(c) For purposes of this section, the term ``Native Hawaiian'' means
any individual who is a descendant of the aboriginal people who, prior
to 1778, occupied and exercised sovereignty in the area that now
comprises the State of Hawaii.
Sec. 8111. None of the funds appropriated or otherwise made
available by this Act or any other Act may be made available for
reconstruction activities in the Republic of Serbia (excluding the
province of Kosovo) as long as Slobodan Milosevic remains the President
of the Federal Republic of Yugoslavia (Serbia and Montenegro).
Sec. 8112. In addition to the amounts provided elsewhere in this
Act, the amount of $7,500,000 is hereby appropriated for ``Operation and
Maintenance, Defense-Wide'', to be available, notwithstanding any other
provision of law, only for a grant to the United Service Organizations
Incorporated, a federally chartered corporation under chapter 2201 of
title 36, United States Code. The grant provided for by this section is
in addition to any grant provided for under any other provision of law.
Sec. 8113. Of the funds made available in this Act under the heading
``Operation and Maintenance, Defense-Wide'', up to $5,000,000 shall be
available to provide assistance, by grant or otherwise, to public school
systems that have unusually high concentrations of special needs
military dependents enrolled: Provided, That in selecting school systems
to receive such assistance, special consideration shall be given to
school systems in States that are considered overseas assignments.
Sec. 8114. In addition to the amounts provided elsewhere in this
Act, the amount of $5,000,000 is hereby appropriated for ``Operation and
Maintenance, Defense-Wide'', to be available, notwithstanding any other
provision of law, only for a grant to the High Desert Partnership in
Academic Excellence Foundation, Inc., for
[[Page 114 STAT. 700]]
the purpose of developing, implementing, and evaluating a standards and
performance based academic model at schools administered by the
Department of Defense Education Activity.
Sec. 8115. (a) In General.--Notwithstanding any other provision of
law, the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States of
North Dakota, South Dakota, Montana, and Minnesota relocatable military
housing units located at Grand Forks Air Force Base and Minot Air Force
Base that are excess to the needs of the Air Force.
(b) Processing of Requests.--The Secretary of the Air Force shall
convey, at no cost to the Air Force, military housing units under
subsection (a) in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of North Dakota, South
Dakota, Montana, and Minnesota.
(c) Resolution of Housing Unit Conflicts.--The Operation Walking
Shield program shall resolve any conflicts among requests of Indian
tribes for housing units under subsection (a) before submitting requests
to the Secretary of the Air Force under subsection (b).
(d) Indian Tribe Defined.--In this section, the term ``Indian
tribe'' means any recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108
Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8116. Of the amounts appropriated in the Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'',
$51,000,000 shall be available for the purpose of adjusting the cost-
share of the parties under the Agreement between the Department of
Defense and the Ministry of Defence of Israel for the Arrow
Deployability Program.
Sec. 8117. The Secretary of Defense shall fully identify and
determine the validity of health care contract liabilities, requests for
equitable adjustment, and claims for unanticipated health care contract
costs: Provided, That the Secretary of Defense shall establish an
equitable and timely process for the adjudication of claims, and
recognize actual liabilities during the Department's planning,
programming and budgeting process: <<NOTE: Deadline.>> Provided
further, That not later than March 1, 2001, the Secretary of Defense
shall submit a report to the congressional defense committees on the
scope and extent of health care contract claims, and on the action taken
to implement the provisions of this section: Provided further, That
nothing in this section should be construed as congressional direction
to liquidate or pay any claims that otherwise would not have been
adjudicated in favor of the claimant.
Sec. 8118. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite and ground control
segments of such system's modernization program.
(including transfer of funds)
Sec. 8119. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $115,000,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense
[[Page 114 STAT. 701]]
is authorized to transfer such funds to other activities of the Federal
Government.
Sec. 8120. (a) Report to the Congressional Defense Committees.--
Not <<NOTE: Deadline.>> later than May 1, 2001, the Secretary of
Defense shall submit to the congressional defense committees a report on
work-related illnesses in the Department of Defense workforce, including
the workforce of Department contractors and vendors, resulting from
exposure to beryllium or beryllium alloys.
(b) Procedure, Methodology, and Time Periods.--To the maximum extent
practicable, the Secretary shall use the same procedures, methodology,
and time periods in carrying out the work required to prepare the report
under subsection (a) as those used by the Department of Energy to
determine work-related illnesses in the Department of Energy workforce
associated with exposure to beryllium or beryllium alloys. To the extent
that different procedures, methodology, and time periods are used, the
Secretary shall explain in the report why those different procedures,
methodology, or time periods were used, why they were appropriate, and
how they differ from those used by the Department of Energy.
(c) Report Elements.--The report shall include the following:
(1) A description of the precautions used by the Department
of Defense and its contractors and vendors to protect their
current employees from beryllium-related disease.
(2) Identification of elements of the Department of Defense
and of contractors and vendors to the Department of Defense that
use or have used beryllium or beryllium alloys in production of
products for the Department of Defense.
(3) The number of employees (or, if an actual number is not
available, an estimate of the number of employees) employed by
each of the Department of Defense elements identified under
paragraph (2) that are or were exposed during the course of
their Defense-related employment to beryllium, beryllium dust,
or beryllium fumes.
(4) A characterization of the amount, frequency, and
duration of exposure for employees identified under paragraph
(3).
(5) Identification of the actual number of instances of
acute beryllium disease, chronic beryllium disease, or beryllium
sensitization that have been documented to date among employees
of the Department of Defense and its contractors and vendors.
(6) The estimated cost if the Department of Defense were to
provide workers' compensation benefits comparable to benefits
provided under the Federal Employees Compensation Act to
employees, including former employees, of Government
organizations, contractors, and vendors who have contracted
beryllium-related diseases.
(7) The Secretary's recommendations on whether compensation
for work-related illnesses in the Department of Defense
workforce, including contractors and vendors, is justified or
recommended.
(8) Legislative proposals, if any, to implement the
Secretary's recommendations under paragraph (7).
Sec. 8121. Of the amounts made available in title II of this Act for
``Operation and Maintenance, Army'', $1,900,000 shall be available only
for the purpose of making a grant to the San Bernardino County Airports
Department for the installation of a perimeter security fence for that
portion of the Barstow-Daggett Airport, California, which is used as a
heliport for the National
[[Page 114 STAT. 702]]
Training Center, Fort Irwin, California, and for installation of other
security improvements at that airport.
Sec. 8122. The Secretary of Defense may during the current fiscal
year and hereafter carry out the activities and exercise the authorities
provided under the demonstration program authorized by section 9148 of
the Department of Defense Appropriations Act, 1993 (Public Law 102-396;
106 Stat. 1941).
Sec. 8123. <<NOTE: Deadline. Reports.>> (a) Not later than 90 days
after the date of the source selection for the Interim Armored Vehicle
program (also referred to as the Family of Medium Armored Vehicles
program), the Secretary of the Army shall submit to the congressional
defense committees a detailed report on that program. The report shall
include the following:
(1) The required research and development cost for each
variant of the Interim Armored Vehicle to be procured and the
total research and development cost for the program.
(2) The major milestones for the development program for the
Interim Armored Vehicle program.
(3) The production unit cost of each variant of the Interim
Armored Vehicle to be procured.
(4) The total procurement cost of the Interim Armored
Vehicle program.
(b) <<NOTE: Reports.>> The Chairman of the Joint Chiefs of Staff
shall submit to the congressional defense committees a report (in both
classified and unclassified versions) on the joint warfighting
requirements to be met by the new medium brigades for the Army. The
report shall describe any adjustments made to operational plans of the
commanders of the unified combatant commands for use of those brigades.
The report shall be submitted at the time that the President's budget
for fiscal year 2002 is transmitted to Congress.
Sec. 8124. None of the funds made available in this Act or the
Department of Defense Appropriations Act, 2000 (Public Law 106-79) may
be used to award a full funding contract for low-rate initial production
for the F-22 aircraft program until--
(1) the first flight of an F-22 aircraft incorporating Block
3.0 software has been conducted;
(2) the Secretary of Defense certifies to the congressional
defense committees that all Defense Acquisition Board exit
criteria for the award of low-rate initial production of the
aircraft have been met; and
(3) <<NOTE: Reports.>> upon completion of the requirements
under (1) and (2) above, the Director of Operational Test and
Evaluation submits to the congressional defense committees a
report assessing the adequacy of testing to date to measure and
predict performance of F-22 avionics systems, stealth
characteristics, and weapons delivery systems.
Sec. 8125. (a) The total amount expended by the Department of
Defense for the F-22 aircraft program (over all fiscal years of the life
of the program) for engineering and manufacturing development and for
production may not exceed $58,028,200,000. The amount provided in the
preceding sentence shall be adjusted by the Secretary of the Air Force
in the manner provided in section 217(c) of Public Law 105-85 (111 Stat.
1660). This section supersedes any limitation previously provided by law
on the amount that may be obligated or expended for engineering and
manufacturing development under the F-22 aircraft program and any
[[Page 114 STAT. 703]]
limitation previously provided by law on the amount that may be
obligated or expended for the F-22 production program.
(b) The provisions of subsection (a) apply during the current fiscal
year and subsequent fiscal years.
Sec. 8126. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act under title IV for the Ballistic
Missile Defense Organization (BMDO) is hereby reduced by $14,000,000 to
reflect a reduction in system engineering, program management, and other
support costs.
Sec. 8127. The Ballistic Missile Defense Organization and its
subordinate offices and associated contractors, including the Lead
Systems Integrator, shall notify the congressional defense committees 15
days prior to issuing any type of information or proposal solicitation
under the NMD Program with a potential annual contract value greater
than $5,000,000 or a total contract value greater than $30,000,000.
Sec. 8128. Up to $3,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific
Missile Range Facility may be made available to contract for the repair,
maintenance, and operation of adjacent off-base water, drainage, and
flood control systems critical to base operations.
Sec. 8129. In addition to amounts appropriated elsewhere in this
Act, $20,000,000 is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make a grant in the amount
of $20,000,000 to the National Center for the Preservation of Democracy
for the renovation of buildings and for other purposes to assist in
carrying out the intent of 50 U.S.C. App. 1989.
Sec. 8130. Of the funds made available under the heading ``Operation
and Maintenance, Air Force'', not less than $7,000,000 shall be made
available by grant or otherwise, to the North Slope Borough, to provide
assistance for health care, monitoring and related issues associated
with research conducted from 1955 to 1957 by the former Arctic
Aeromedical Laboratory.
Sec. 8131. None of the funds appropriated in this Act under the
heading ``Overseas Contingency Operations Transfer Fund'' may be
transferred or obligated for Department of Defense expenses not directly
related to the conduct of overseas contingencies:
Provided, <<NOTE: Reports.>> That the Secretary of Defense shall submit
a report no later than 30 days after the end of each fiscal quarter to
the Committees on Appropriations of the Senate and House of
Representatives that details any transfer of funds from the ``Overseas
Contingency Operations Transfer Fund'': Provided further, That the
report shall explain any transfer for the maintenance of real property,
pay of civilian personnel, base operations support, and weapon, vehicle
or equipment maintenance.
Sec. 8132. In addition to amounts made available elsewhere in this
Act, $1,000,000 is hereby appropriated to the Department of Defense to
be available for payment to members of the uniformed services for
reimbursement for mandatory pet quarantines as authorized by law.
(transfer of funds)
Sec. 8133. The Secretary of the Navy may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of
[[Page 114 STAT. 704]]
liquidating necessary ship cost changes for previous ship construction
programs appropriated in law: Provided, That the Secretary may transfer
not to exceed $300,000,000 under the authority provided by this section:
Provided further, That the funding transferred shall be available for
the same time period as the appropriation from which transferred:
Provided further, That the Secretary may not transfer any funds until 30
days after the proposed transfer has been reported to the Committees on
Appropriations of the Senate and the House of Representatives: Provided
further, That the transfer authority provided by this section is in
addition to any other transfer authority contained elsewhere in this
Act.
Sec. 8134. In addition to amounts appropriated elsewhere in this
Act, $2,100,000 is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make a grant in the amount
of $2,100,000 to the National D-Day Museum.
Sec. 8135. In addition to amounts appropriated elsewhere in this
Act, $5,000,000 is hereby appropriated to the Department of Defense:
Provided, That the Secretary of the Army shall make available a grant of
$5,000,000 only to the Chicago Public Schools for conversion and
expansion of the former Eighth Regiment National Guard Armory
(Bronzeville).
Sec. 8136. In addition to the amounts provided elsewhere in this
Act, the amount of $10,000,000 is hereby appropriated for ``Operation
and Maintenance, Navy'', to accelerate the disposal and scrapping of
ships of the Navy Inactive Fleet and Maritime Administration National
Defense Reserve Fleet: Provided, That the Secretary of the Navy and the
Secretary of Transportation shall develop criteria for selecting ships
for scrapping or disposal based on their potential for causing
pollution, creating an environmental hazard and cost of storage:
Provided further, <<NOTE: Reports. Deadline.>> That the Secretary of
the Navy and the Secretary of Transportation shall report to the
congressional defense committees no later than June 1, 2001 regarding
the total number of vessels currently designated for scrapping, and the
schedule and costs for scrapping these vessels.
Sec. 8137. <<NOTE: 10 USC 113 note.>> Section 8106 of the
Department of Defense Appropriations Act, 1997 (titles I through VIII of
the matter under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in fiscal year
2001.
Sec. 8138. Privacy of Individual Medical Records. None of the funds
provided in this Act shall be used to transfer, release, disclose, or
otherwise make available to any individual or entity outside the
Department of Defense for any non-national security or non-law
enforcement purposes an individual's medical records without the consent
of the individual.
Sec. 8139. Of the amount available under title II under the heading
``Operation and Maintenance, Defense-Wide'', $1,000,000 shall be
available only for continuation of the Middle East Regional Security
Issues program.
Sec. 8140. Of the funds available in title II under the heading
``Operation and Maintenance, Defense-Wide'', $20,000,000 may be
available for information security initiatives: Provided, That, of such
amount, $5,000,000 is available for the Institute for Defense Computer
Security and Information Protection of the Department of Defense, and
$15,000,000 is available for the Information Security Scholarship
Program of the Department of Defense.
[[Page 114 STAT. 705]]
Sec. 8141. In addition to the amounts appropriated or otherwise made
available in this Act, $5,000,000, to remain available until September
30, 2001, is hereby appropriated to the Department of Defense: Provided,
That the Secretary of Defense shall make a grant in the amount of
$5,000,000 to the American Red Cross for Armed Forces Emergency
Services.
Sec. 8142. Of the amounts appropriated under title II under the
heading ``Operation and Maintenance, Defense-Wide'', $2,000,000 may be
made available, subject to the enactment of authorizing legislation, for
the Bosque Redondo Memorial in accordance with the provisions of title
II of the bill S. 964 of the 106th Congress, as passed the Senate on
November 19, 1999.
Sec. 8143. Of the funds provided within title I of this Act, such
funds as may be necessary shall be available for a special subsistence
allowance for members eligible to receive food stamp assistance, as
authorized by law.
Sec. 8144. Section 8093 of the Department of Defense Appropriations
Act, 2000 (Public Law 106-79; 113 Stat. 1253) is amended by striking
subsection (d), relating to a prohibition on the use of Department of
Defense funds to procure a nuclear-capable shipyard crane from a foreign
source.
Sec. 8145. Notwithstanding any other provision of law--
(1) from amounts made available for ``Research, Development,
Test and Evaluation, Air Force'' in this Act and the Department
of Defense Appropriations Act, 2000 (Public Law 106-79), an
aggregate amount of $99,700,000 (less any proportional general
reduction required by law and any reduction required for the
Small Business Innovative Research program) shall be available
only for the B-2 Link 16/Center Instrument Display/In-Flight
Replanner program; and
(2) the Secretary of the Air Force shall not be required to
obligate funds for potential termination liability in connection
with the B-2 Link 16/Center Instrument Display/In-Flight
Replanner program.
Sec. 8146. Notwithstanding any other provision of law, not less than
$233,637,000 of the funds provided in this Act shall be available only
for the Airborne Laser program.
Sec. 8147. (a) In General.--Section 106 of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(f ) Service as a member of the Alaska Territorial Guard during
World War II of any individual who was honorably discharged therefrom
under section 8147 of the Department of Defense Appropriations Act,
2001, shall be considered active duty for purposes of all laws
administered by the Secretary.''.
(b) Discharge.--(1) <<NOTE: 38 USC 106 note.>> The Secretary of
Defense shall issue to each individual who served as a member of the
Alaska Territorial Guard during World War II a discharge from such
service under honorable conditions if the Secretary determines that the
nature and duration of the service of the individual so warrants.
(2) A discharge under paragraph (1) shall designate the date of
discharge. The date of discharge shall be the date, as determined by the
Secretary, of the termination of service of the individual concerned as
described in that paragraph.
(c) <<NOTE: 38 USC 106 note.>> Prohibition on Retroactive
Benefits.--No benefits shall be paid to any individual for any period
before the date of the enactment of this Act by reason of the enactment
of this section.
[[Page 114 STAT. 706]]
Sec. 8148. United States-China Security Review Commission.--Subject
to authorization, there are hereby appropriated, out of any funds in the
Treasury not otherwise appropriated, $3,000,000, to remain available
until expended, to the United States-China Security Review Commission
for fiscal year 2001 to carry out its functions.
Sec. 8149. Section 1621 of Public Law 92-204 (43 U.S.C. 1621), the
Alaska Native Claims Settlement Act, as amended, is further amended by
inserting at the end the following:
``(m) Licenses Held by Alaska Native Regional Corporations.--An
Alaska Native regional corporation organized pursuant to the Alaska
Native Claims Settlement Act, or an affiliate thereof, that holds a
Federal Communications Commission license in the personal communications
service as of the date of enactment of this section and has either paid
for such license in full or has complied with the payment schedules for
such license shall be permitted to transfer or assign without penalty
such license to any transferee or assignee. No economic penalties shall
apply to any transfer or assignment authorized under this section. Any
amounts owed to the United States for the initial grant of such licenses
shall become immediately due and payable upon the consummation of any
such transfer or assignment. Any application for such a transfer or
assignment shall be deemed granted if not denied by the Commission
within 90 days of the date on which it was initially filed. Any
provision of law or regulation to the contrary is hereby amended.''.
Sec. 8150. For purposes of implementing section 206(b) of H. Con.
Res. 290 (106th Congress), the limits provided in section 302(a)(3)(A)
of the Congressional Budget Act of 1974 shall not apply with respect to
fiscal year 2001.
Sec. 8151. (a) Designation.--The consolidated operations center
planned for construction at Redstone Arsenal, Huntsville, Alabama, to
house the Army's Space and Missile Defense Command and for other
purposes, shall be known and designated as the ``Wernher von Braun
Complex''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the complex referred to
in subsection (a) shall be deemed to be a reference to the ``Wernher von
Braun Complex''.
Sec. 8152. Of the funds provided in this Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' for the
Pacific Disaster Center, $300,000 shall be made available for a grant,
to be awarded not later than 60 days after the enactment of this Act, to
the Circum-Pacific Council for the Crowding the Rim Summit Initiative.
Sec. 8153. Upon the enactment of this Act, the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, <<NOTE: 113 Stat. 1501A-50.>> 2000 (as enacted into
law by section 1000(a)(1) of Public Law 106-113) is amended under the
heading ``Small Business Administration, Business Loans Program
Account'' in the first paragraph by striking ``Provided, That of the
total provided, $6,000,000 shall be available only for the cost of
guaranteed loans under the New Markets Venture Capital program and shall
become available for obligation only upon authorization of such program
by the enactment of subsequent legislation in fiscal year 2000:''.
[[Page 114 STAT. 707]]
Sec. 8154. In addition to amounts appropriated elsewhere in this
Act, $1,650,000 is hereby appropriated to the Department of Defense,
only for a competitively awarded grant to a medical research institution
for research among persons who served on active duty in the Southwest
Asia theater of operations during the Persian Gulf War on: (1) the
possible health effect of exposure to low levels of hazardous chemicals,
including chemical warfare agents and other substances; and (2) the
individual susceptibility of humans to such exposure under
environmentally controlled conditions.
Sec. 8155. In addition to the amounts appropriated elsewhere in this
Act, $2,000,000, to remain available until expended, is hereby
appropriated to the Department of Defense: Provided, That
notwithstanding any other provision of law, the Secretary of Defense
shall make available a grant of $2,000,000 to the Oakland Military
Institute, Oakland, California.
Sec. 8156. In addition to the amounts provided elsewhere in this
Act, the amount of $10,000,000 is hereby appropriated for ``Operation
and Maintenance, Army'' and shall be available to the Secretary of the
Army, notwithstanding any other provision of law, only to be provided as
a grant to the City of San Bernardino, California, contingent on the
resolution of the case ``City of San Bernardino v. United States'',
pending as of July 1, 2000, in the United States District Court for the
Central District of California (C.D. Cal. Case No. CV 96-8867).
Sec. 8157. The Secretary of Defense may transfer, at no cost, the
title/ownership of the alloying material being stored at the Brownfield
site in Bethlehem, Pennsylvania to the Bethlehem Development
Corporation: Provided, That the net proceeds from the disposition of the
materials are only for redevelopment of the Brownfield site.
Sec. 8158. In addition to amounts provided in this Act, $2,000,000
is hereby appropriated for ``Defense Health Program'', to remain
available for obligation until expended: Provided, That notwithstanding
any other provision of law, these funds shall be available only for a
grant to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of military
family members when confronted with the illness or hospitalization of an
eligible military beneficiary.
Sec. 8159. The Office of Economic Adjustment may amend a grant
awarded in 1998 to the Commonwealth of Pennsylvania for Industrial
Modernization of Philadelphia Shipyard for the purpose of undertaking
community economic adjustment activities to provide for the acquisition
of equipment that would further the overall purpose of the grant:
Provided, That such amendment shall not increase the grant period or the
total amount of the grant award and shall be deemed, for all purposes,
to be within the scope of the original grant.
Sec. 8160. The appropriation under the heading ``Defense
Reinvestment for Economic Growth'' in the Supplemental Appropriations
Act of 1993 <<NOTE: 107 Stat. 250.>> (Public Law 103-50) is amended by
striking ``that date'' and inserting ``December 1,
2004'': <<NOTE: Effective date.>> Provided, That the amendment made by
this section shall be effective as of July 2, 1993.
[[Page 114 STAT. 708]]
(including transfer of funds)
Sec. 8161. In addition to the amounts appropriated elsewhere in this
Act, $2,000,000, to remain available until expended, is hereby
appropriated to the Department of Defense: <<NOTE: Deadline.>>
Provided, That not later than October 15, 2000, the Secretary of Defense
shall transfer these funds to the Department of Energy appropriation
account ``Fossil Energy Research and Development'', only for a proposed
conceptual design study to examine the feasibility of a zero emissions,
steam injection process with possible applications for increased power
generation efficiency, enhanced oil recovery and carbon sequestration.
Sec. 8162. Section 104 of the Emergency Supplemental Act,
2000 <<NOTE: Ante, p. 529.>> (in title I, chapter 1, of division B of
Public Law 106-246) is amended to read as follows: after ``Procurement
of Weapons and Tracked Combat Vehicles, Army'', insert the following:
``, to remain available for obligation until September 30, 2002,''.
Sec. 8163. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $71,367,000,
to reduce cost growth in consulting and advisory services and other
contract growth, to be distributed as follows:
``Operation and Maintenance, Army'', $20,000,000;
``Operation and Maintenance, Navy'', $10,000,000;
``Operation and Maintenance, Marine Corps'', $367,000; and
``Operation and Maintenance, Air Force'', $41,000,000.
Sec. 8164. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $92,700,000,
to reduce excess funded carryover, to be distributed as follows:
``Operation and Maintenance, Army'', $40,500,000; and
``Operation and Maintenance, Air Force'', $52,200,000.
Sec. 8165. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $159,076,000,
to reduce growth in headquarters and administrative activities, to be
distributed as follows:
``Operation and Maintenance, Army'', $56,700,000;
``Operation and Maintenance, Navy'', $12,376,000; and
``Operation and Maintenance, Air Force'', $90,000,000.
Sec. 8166. Of the amounts provided in title II of this Act, the
following account is hereby reduced by the specified amount:
``Overseas Contingency Operations Transfer Fund'',
$1,100,000,000.
TITLE IX
ADDITIONAL FISCAL YEAR 2000 EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
THE DEPARTMENT OF DEFENSE
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to provide additional emergency
supplemental appropriations for the Department of Defense for the fiscal
year ending September 30, 2000, and for other purposes, namely:
[[Page 114 STAT. 709]]
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for the ``Overseas Contingency Operations
Transfer Fund'', $1,100,000,000, to remain available until expended:
Provided, That the Secretary of Defense may transfer the funds provided
herein only to appropriations for military personnel; operation and
maintenance accounts; procurement; research, development, test and
evaluation; the Defense Health Program; 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 the
transfer authority provided in this paragraph is in addition to any
other transfer authority available to the Department of Defense:
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 entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request for a specific
dollar amount, that includes designation of the entire amount of the
request as an emergency requirement as defined by such Act, is
transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. (a) In addition to amounts appropriated or otherwise made
available for the Department of Defense elsewhere in this Act, the
Department of Defense Appropriations Act, 2000 (Public Law 106-79), and
the Emergency Supplemental Act, 2000 (division B of Public Law 106-246),
there is hereby appropriated to the Department of Defense $679,000,000,
as follows:
(1) For military personnel accounts, to remain available for
obligation until September 30, 2001, $50,000,000, only for
``Military Personnel, Navy''.
(2) For operation and maintenance accounts, to remain
available for obligation until September 30, 2001, $529,000,000,
as follows:
(i) For depot-level maintenance and repair,
$234,000,000, as follows:
``Operation and Maintenance, Army'',
$50,000,000;
``Operation and Maintenance, Navy'',
$162,000,000 (of which $20,000,000 is for aviation
depot maintenance and $142,000,000 for ship depot
maintenance);
``Operation and Maintenance, Marine Corps'',
$22,000,000.
(ii) For readiness spares kits, $45,000,000, only
for ``Operation and Maintenance, Air Force''.
(iii) For real property maintenance, $250,000,000,
as follows:
[[Page 114 STAT. 710]]
``Operation and Maintenance, Army'',
$70,000,000;
``Operation and Maintenance, Navy'',
$70,000,000;
``Operation and Maintenance, Marine Corps'',
$40,000,000; and
``Operation and Maintenance, Air Force'',
$70,000,000.
(3) For the Defense Health Program, to remain available for
obligation until September 30, 2001, $100,000,000.
(b) Emergency Designation.--The entire amount made available in this
section--
(1) is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended;
and
(2) shall be available only if the President transmits to
the Congress an official budget request for $679,000,000, which
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 9002. Notwithstanding any other provision of this Act, funds
appropriated by this title, or made available by the transfer of funds
in this title, 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).
This Act may be cited as the ``Department of Defense Appropriations
Act, 2001''.
Approved August 9, 2000.
LEGISLATIVE HISTORY--H.R. 4576 (S. 2593):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 106-644 (Comm. on Appropriations) and 106-754
(Comm. of Conference).
SENATE REPORTS: No. 106-298 accompanying S. 2593 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 146 (2000):
June 7, considered and passed House.
June 8, 9, 12, 13, considered and passed Senate, amended.
July 19, House agreed to conference report.
July 27, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Aug. 9, Presidential statement.
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