[106th Congress Public Law 79]
[From the U.S. Government Printing Office]
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[DOCID: f:publ079.106]
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DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2000
[[Page 113 STAT. 1212]]
Public Law 106-79
106th Congress
An Act
Making <<NOTE: Oct. 25, 1999 - [H.R. 2561]>> appropriations for the
Department of Defense for the fiscal year ending September 30, 2000, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Defense Appropriations Act, 2000.>> That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2000, for
military functions administered by the Department of Defense, and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the
Department of Defense Military Retirement Fund, $22,006,361,000.
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, $17,258,823,000.
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 113 STAT. 1213]]
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, $6,555,403,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement Fund,
$17,861,803,000.
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,
$2,289,996,000.
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, $1,473,388,000.
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 113 STAT. 1214]]
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,
$412,650,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and for members of the Air Reserve Officers' Training Corps, and
expenses authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund,
$892,594,000.
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,
$3,610,479,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f ) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$1,533,196,000.
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 113 STAT. 1215]]
and not to exceed $10,624,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Army, and payments may be made on his certificate
of necessity for confidential military purposes, $19,256,152,000 and, in
addition, $50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund: Provided, That of the funds made
available under this heading, $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: Provided further, That of the funds appropriated under this
heading, $4,000,000 shall not be available until 30 days after the
Secretary of the Army provides to the congressional defense committees
the results of an assessment, solicited by means of a competitive bid,
on the prospects of recovering costs associated with the environmental
restoration of the Department of the Army's government-owned,
contractor-operated facilities: Provided further, That of the funds made
available under this heading, $7,000,000 shall only be available to the
Secretary of the Army, acting through the Chief of Engineers, only for
demolition and removal of facilities, buildings, and structures used at
MOTBY (a Military Traffic Management Command facility): Provided
further, That notwithstanding section 2215 of title 10, United States
Code, of the funds appropriated in this paragraph, $975,666 is
authorized to be transferred to the Presidential Advisory Commission on
Holocaust Assets in the United States, to remain available until March
31, 2001.
Operation and Maintenance, Navy
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $5,155,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$22,958,784,000 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,
$2,808,354,000.
Operation and Maintenance, Air Force
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,882,000 can be used for emergencies and
[[Page 113 STAT. 1216]]
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Air Force, and payments may be made on his
certificate of necessity for confidential military purposes,
$20,896,959,000 and, in addition, $50,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction Fund: Provided,
That, notwithstanding any other provision of law, that of the funds
available under this heading, $950,000 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.
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,
$11,489,483,000, of which not to exceed $25,000,000 may be available for
the CINC initiative fund account; and of which not to exceed $32,300,000
can be used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and payments
may be made on his certificate of necessity for confidential military
purposes: Provided, That of the amount appropriated under the heading
``Operation and Maintenance, Defense-Wide'' in division B, title I, of
Public Law 105-277, the amount of $202,000,000 not covered as of July
12, 1999, by an official budget request under the fifth proviso of that
section is available, subject to such an official budget request for
that entire amount, only for the following accounts in the specified
amounts:
``Other Procurement, Air Force'', $102,000,000; and
``Procurement, Defense-Wide'', $100,000,000:
Provided further, That none of the amount of $202,000,000 described in
the preceding proviso may be made available for obligation unless the
entire amount is released to the Department of Defense and made
available for obligation for the accounts, and in the amounts, specified
in the preceding proviso: Provided further, That of the amounts provided
under this heading, $20,000,000 to remain available until expended, is
available only for expenses relating to certain classified activities,
and may be transferred as necessary by the Secretary of Defense to
operation and maintenance, procurement, and research, development, test
and evaluation appropriations accounts, to be merged with and to be
available for the same time period as the appropriations to which
transferred: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided in this Act: Provided further, That of the funds made available
under this heading, $10,000,000 shall be available only for retrofitting
security containers that are under the control of, or that are
accessible by, defense contractors.
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;
[[Page 113 STAT. 1217]]
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,469,176,000.
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, $958,978,000.
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, $138,911,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,782,591,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $3,161,378,000.
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, repair, and other necessary expenses
of facilities for the training and administration of the Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things, hire of passenger
motor vehicles; supplies, materials, and equipment, as authorized by law
for the Air National Guard; and expenses incident to the maintenance and
use of supplies, materials, and equipment, including such as may be
furnished from stocks
[[Page 113 STAT. 1218]]
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, $3,241,138,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations by
United States military forces, $1,722,600,000, to remain available until
expended: Provided, That the Secretary of Defense may transfer these
funds only to operation and maintenance accounts within this title, the
Defense Health Program appropriation, and to working capital funds:
Provided further, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided in this paragraph is in addition to
any other transfer authority contained elsewhere in this Act.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $7,621,000, of which not to exceed $2,500
can be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $378,170,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $284,000,000, to remain available
until transferred: Provided, That the Secretary of the Navy
[[Page 113 STAT. 1219]]
shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which transferred:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $376,800,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $25,370,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be merged
with and to be available for the same purposes and for the same time
period as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $239,214,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other appropriations
made available
[[Page 113 STAT. 1220]]
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 2547, and 2551 of title
10, United States Code), $55,800,000, to remain available until
September 30, 2001.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for facilitating
the elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise, $460,500,000, to remain available until September 30, 2002:
Provided, That of the amounts provided under this heading, $25,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines and submarine reactor components in the Russian Far
East.
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),
$300,000,000, for the maintenance of real property of the Department of
Defense (including minor construction and major maintenance and repair),
which shall remain available for obligation until September 30, 2001, as
follows:
Army, $77,000,000;
Navy, $77,000,000;
Marine Corps, $58,500,000;
Air Force, $77,000,000; 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
[[Page 113 STAT. 1221]]
local educational authority provided pursuant to the provisions under
this heading shall not exceed $1,500,000.
Pentagon Renovation Transfer Fund
For expenses, not otherwise provided for, resulting from the
Department of Defense renovation of the Pentagon Reservation,
$222,800,000, for the renovation of the Pentagon Reservation, which
shall remain available for obligation until September 30, 2001.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,451,688,000, to remain available for obligation until
September 30, 2002.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,322,305,000, to remain available for obligation until
September 30, 2002.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other
[[Page 113 STAT. 1222]]
expenses necessary for the foregoing purposes, $1,586,490,000, to remain
available for obligation until September 30, 2002.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,204,120,000, to remain available for obligation until
September 30, 2002.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of not to exceed 36 passenger motor vehicles for
replacement only; and the purchase of three vehicles required for
physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $200,000 per vehicle;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $3,738,934,000, to
remain available for obligation until September 30, 2002.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$8,662,655,000, to remain available for obligation until September 30,
2002.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary
[[Page 113 STAT. 1223]]
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, $1,383,413,000, to remain available
for obligation until September 30, 2002.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $525,200,000, to remain available for obligation until
September 30, 2002.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long
leadtime components and designs for vessels to be constructed or
converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title, as follows:
NSSN (AP), $748,497,000;
CVN-77 (AP), $751,540,000;
CVN Refuelings (AP), $345,565,000;
DDG-51 destroyer program, $2,681,653,000;
LPD-17 amphibious transport dock ship, $1,508,338,000;
LHD-8 (AP), $375,000,000;
ADC(X), $439,966,000;
LCAC landing craft air cushion program, $31,776,000; and
For craft, outfitting, post delivery, conversions, and first
destination transportation, $171,119,000;
In all: $7,053,454,000, to remain available for obligation until
September 30, 2004: Provided, That additional obligations may be
incurred after September 30, 2004, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That the Secretary
of the Navy is hereby granted
[[Page 113 STAT. 1224]]
the authority to enter into a contract for an LHD-1 Amphibious Assault
Ship which shall be funded on an incremental basis.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of not to exceed 50 passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway, $4,320,238,000, to remain
available for obligation until September 30, 2002.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of not to exceed 43 passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,300,920,000, to remain available for obligation
until September 30, 2002.
Aircraft Procurement, Air Force
For construction, procurement, lease, and modification of aircraft
and equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $8,228,630,000, to remain available for
obligation until September 30, 2002.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction
[[Page 113 STAT. 1225]]
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, $2,211,407,000, to remain available for obligation until
September 30, 2002.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $442,537,000, to remain available for obligation until
September 30, 2002.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed 53
passenger motor vehicles for replacement only; lease of passenger motor
vehicles; and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of
structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway, $7,146,157,000, to
remain available for obligation until September 30, 2002.
Procurement, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of not to
exceed 103 passenger motor vehicles for replacement only; the purchase
of seven 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, $2,249,566,000, to
remain available for obligation until September 30, 2002: Provided, That
of the funds available under this heading, not less than $39,491,000,
including $6,000,000 derived by transfer from
[[Page 113 STAT. 1226]]
``Research, Development, Test and Evaluation, Defense-Wide'', shall be
available only to support Electronic Commerce Resource Centers.
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, $150,000,000, to remain available for
obligation until September 30, <<NOTE: Deadline.>> 2002: Provided, That
the Chiefs of the Reserve and National Guard components shall, not later
than 30 days after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $3,000,000 only for microwave power
tubes and to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $5,266,601,000, to
remain available for obligation until September 30, 2001.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $9,110,326,000, to
remain available for obligation until September 30, 2001: Provided, That
funds appropriated in this paragraph which are available for the V-22
may be used to meet unique requirements of the Special Operation Forces:
Provided further, That of the funds available under this heading, no
more than $7,000,000 shall be available only to initiate a cost
improvement program for the Intercooled Recuperated Gas Turbine Engine
program: Provided further, That the funds identified in the immediately
preceding proviso shall be made available only if the Secretary of the
Navy certifies to the congressional defense committees that binding
commitments to finance the remaining cost of the ICR cost improvement
program have been secured from non-federal sources: Provided further,
That should the Secretary of the Navy fail to make the certification
required in the immediately preceding proviso by July 31, 2000, the
Secretary shall make the funds subject to such certification available
for DD-21 ship propulsion risk reduction: Provided further, That the
Department of Defense shall not
[[Page 113 STAT. 1227]]
pay more than one-third of the cost of the Intercooled Recuperated Gas
Turbine Engine cost improvement program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $13,674,537,000, to
remain available for obligation until September 30, 2001.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $9,256,705,000, to remain
available for obligation until September 30, 2001: Provided, That of the
amount appropriated in section 102 of division B, title I, of Public Law
105-277 (112 Stat. 2681-558), the amount of $230,000,000 not covered as
of July 12, 1999, by an official budget request under the third proviso
of that section is available, subject to such an official budget request
for that entire amount, only for the following programs in the specified
amounts:
``Theater High-Altitude Area Defense System--TMD-EMD'',
$38,000,000;
``PATRIOT PAC-3 Theater Missile Defense Acquisition--EMD'',
$75,000,000; and
``National Missile Defense Dem/Val'', $117,000,000:
Provided further, That none of the amount of $230,000,000 described in
the preceding proviso may be made available for obligation unless the
entire amount is released to the Department of Defense and made
available for obligation for the programs, and in the amounts, specified
in the preceding proviso.
Developmental Test and Evaluation, Defense
For expenses, not otherwise provided for, of independent activities
of the Director, Test and Evaluation in the direction and supervision of
developmental test and evaluation, including performance and joint
developmental testing and evaluation; and administrative expenses in
connection therewith, $265,957,000, to remain available for obligation
until September 30, 2001.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation
in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $31,434,000, to remain available for obligation
until September 30, 2001.
[[Page 113 STAT. 1228]]
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $90,344,000: Provided, That
during fiscal year 2000, funds in the Defense Working Capital Funds may
be used for the purchase of not to exceed 295 passenger motor vehicles
for replacement only for the Defense Security Service.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), $717,200,000, to remain available until expended:
Provided, That none of the funds provided in this paragraph shall be
used to award a new contract that provides for the acquisition of any of
the following major components unless such components are manufactured
in the United States: auxiliary equipment, including pumps, for all
shipboard services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes: Provided further, That the exercise of an option in a
contract awarded through the obligation of previously appropriated funds
shall not be considered to be the award of a new contract: Provided
further, That the Secretary of the military department responsible for
such procurement may waive the restrictions in the first proviso on a
case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by law,
$11,154,617,000, of which $10,522,647,000 shall be for Operation and
maintenance, of which not to exceed 2 percent shall remain available
until September 30, 2001; of which $356,970,000, to remain available for
obligation until September 30, 2002, shall be for Procurement; and of
which $275,000,000, to remain available for obligation until September
30, 2001, shall be for Research, development, test and evaluation.
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
[[Page 113 STAT. 1229]]
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521),
and for the destruction of other chemical warfare materials that are not
in the chemical weapon stockpile, $1,029,000,000, of which $543,500,000
shall be for Operation and maintenance to remain available until
September 30, 2001, $191,500,000 shall be for Procurement to remain
available until September 30, 2002, and $294,000,000 shall be for
Research, development, test and evaluation to remain available until
September 30, 2001: Provided, That of the funds available under this
heading, $1,000,000 shall be available until expended each year only for
a Johnston Atoll off-island leave program: Provided further, That the
Secretaries concerned shall, pursuant to uniform regulations, prescribe
travel and transportation allowances for travel by participants in the
off-island leave program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
Operation and maintenance; for Procurement; and for Research,
development, test and evaluation, $847,800,000: Provided, That of the
funds appropriated under this heading, $10,800,000 is hereby transferred
to appropriations available for ``Military Construction, Air Force'' for
fiscal year 2000, and the transferred funds shall be available for
study, planning, design, architect and engineer services at forward
operating locations in the area of responsibility of the United States
Southern Command: Provided further, That the funds appropriated under
this heading shall be available for obligation for the same time period
and for the same purpose as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
heading is in addition to any transfer authority contained elsewhere in
this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $137,544,000, of which $136,244,000 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 $1,300,000 to remain available until September
30, 2002, shall be for Procurement.
[[Page 113 STAT. 1230]]
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain proper funding level for continuing
the operation of the Central Intelligence Agency Retirement and
Disability System, $209,100,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account, $158,015,000, of which $34,923,000 for the Advanced Research
and Development Committee shall remain available until September 30,
2001: Provided, That of the funds appropriated under this heading,
$27,000,000 shall be transferred to the Department of Justice for the
National Drug Intelligence Center to support the Department of Defense's
counter-drug intelligence responsibilities, and of the said amount,
$1,500,000 for Procurement shall remain available until September 30,
2002, and $1,000,000 for Research, development, test and evaluation
shall remain available until September 30, 2001.
Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Fund
For payment to Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Fund, as authorized by law, $35,000,000, to
remain available until expended.
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183, $8,000,000, to
be derived from the National Security Education Trust Fund, to remain
available until expended.
TITLE VIII
GENERAL PROVISIONS
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. <<NOTE: 10 USC 1584 note.>> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees,
[[Page 113 STAT. 1231]]
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
$1,600,000,000 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 <<NOTE: Notification.>> Congress:
Provided further, That the Secretary of Defense shall notify the
Congress promptly of all transfers made pursuant to this authority or
any other authority in this Act: Provided further, That no part of the
funds in this Act shall be available to prepare or present a request to
the Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer. Except in
[[Page 113 STAT. 1232]]
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:
Longbow Apache Helicopter; Javelin missile; Abrams M1A2
Upgrade; F/A-18E/F aircraft; C-17 aircraft; and F-16 aircraft.
Sec. 8009. <<NOTE: 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. <<NOTE: Reports.>> 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, <<NOTE: Territories.>> 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
[[Page 113 STAT. 1233]]
Islands, the Marshall Islands, the Federated States of Micronesia,
Palau, and Guam.
Sec. 8010. (a) During fiscal year 2000, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) <<NOTE: Budget.>> The fiscal year 2001 budget request for the
Department of Defense as well as all justification material and other
documentation supporting the fiscal year 2001 Department of Defense
budget request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard to
fiscal year 2001.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8011. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of
Defense to exceed, outside the 50 United States, its territories, and
the District of Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Personnel Manual:
Provided further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in this workyear
limitation.
Sec. 8012. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8013. (a) None of the funds appropriated by this Act shall be
used to make contributions to the Department of Defense Education
Benefits Fund pursuant to section 2006(g) of title 10, United States
Code, representing the normal cost for future benefits under section
3015(d) of title 38, United States Code, for any member of the armed
services who, on or after the date of the enactment of this Act, enlists
in the armed services for a period of active duty of less than 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, 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
[[Page 113 STAT. 1234]]
reenlisted with this option prior to October 1, 1987: Provided further,
That this subsection applies only to active components of the Army.
Sec. 8014. None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the enactment
of this Act, is performed by more than 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 Native American
ownership.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and agencies)
of welded shipboard anchor and mooring chain 4 inches in diameter and
under unless the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in the
United States: Provided, That for the purpose of this section
manufactured will include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
that such an acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds appropriated by this Act available for
the Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS) shall be available for the reimbursement
[[Page 113 STAT. 1235]]
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, <<NOTE: Regulations.>> That this
limitation does not apply in the case of inpatient mental health
services provided under the program for the handicapped under subsection
(d) of section 1079 of title 10, United States Code, provided as partial
hospital care, or provided pursuant to a waiver authorized by the
Secretary of Defense because of medical or psychological circumstances
of the patient that are confirmed by a health professional who is not a
Federal employee after a review, pursuant to rules prescribed by the
Secretary, which takes into account the appropriate level of care for
the patient, the intensity of services required by the patient, and the
availability of that care.
Sec. 8018. Funds available in this Act may be used to provide
transportation for the next-of-kin of individuals who have been
prisoners of war or missing in action from the Vietnam era to an annual
meeting in the United States, under such regulations as the Secretary of
Defense may prescribe.
Sec. 8019. <<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 Department of Defense's
budget submission for fiscal year 2001 shall identify such sums
anticipated in residual value settlements, and identify such
construction, real property maintenance or base operating costs that
shall be funded by the host nation through such credits: Provided
further, That all military construction projects to be executed from
such accounts must be previously approved in a prior Act of Congress:
Provided further, <<NOTE: Reports.>> That each such executive agreement
with a NATO member host nation shall be reported to the congressional
defense committees, the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations of the
Senate 30 days prior to the conclusion and endorsement of any such
agreement established under this provision.
Sec. 8020. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.
Sec. 8021. Notwithstanding any other provision of law, none of the
funds appropriated by this Act shall be available to pay more than 50
percent of an amount paid to any person under section 308 of title 37,
United States Code, in a lump sum.
Sec. 8022. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National
[[Page 113 STAT. 1236]]
Capital Region: Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
congressional defense committees that such a relocation is required in
the best interest of the Government.
Sec. 8023. A member of a reserve component whose unit or whose
residence is located in a State which is not contiguous with another
State is authorized to travel in a space required status on aircraft of
the Armed Forces between home and place of inactive duty training, or
place of duty in lieu of unit training assembly, when there is no road
or railroad transportation (or combination of road and railroad
transportation between those locations): Provided, That a member
traveling in that status on a military aircraft pursuant to the
authority provided in this section is not authorized to receive travel,
transportation, or per diem allowances in connection with that travel.
Sec. 8024. In addition to the funds provided elsewhere in this Act,
$8,000,000 is appropriated only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That contractors participating in the test program established
by section 854 of Public Law 101-189 (15 U.S.C. 637 note) shall be
eligible for the program established by section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544).
Sec. 8025. During the current fiscal year, funds appropriated or
otherwise available for any Federal agency, the Congress, the judicial
branch, or the District of Columbia may be used for the pay, allowances,
and benefits of an employee as defined by section 2105 of title 5,
United States Code, or an individual employed by the government of the
District of Columbia, permanent or temporary indefinite, who--
(1) is a member of a Reserve component of the Armed Forces,
as described in section 10101 of title 10, United States Code,
or the National Guard, as described in section 101 of title 32,
United States Code;
(2) performs, for the purpose of providing military aid to
enforce the law or providing assistance to civil authorities in
the protection or saving of life or property or prevention of
injury--
(A) Federal service under sections 331, 332, 333,
or 12406 of title 10, 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, 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.
[[Page 113 STAT. 1237]]
Sec. 8026. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24 months
after initiation of such study with respect to a single function
activity or 48 months after initiation of such study for a multi-
function activity.
Sec. 8027. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8028. Notwithstanding any other provision of law or regulation,
the Secretary of Defense may adjust wage rates for civilian employees
hired for certain health care occupations as authorized for the
Secretary of Veterans Affairs by section 7455 of title 38, United States
Code.
Sec. 8029. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such action
would reduce the WC-130 Weather Reconnaissance mission below the levels
funded in this Act.
Sec. 8030. (a) Of the funds for the procurement of supplies or
services appropriated by this Act, qualified nonprofit agencies for the
blind or other severely handicapped shall be afforded the maximum
practicable opportunity to participate as subcontractors and suppliers
in the performance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern which has
negotiated with a military service or defense agency a subcontracting
plan for the participation by small business concerns pursuant to
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be given
credit toward meeting that subcontracting goal for any purchases made
from qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit agency for the blind or other severely handicapped'' means a
nonprofit agency for the blind or other severely handicapped that has
been approved by the Committee for the Purchase from the Blind and Other
Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
Sec. 8031. During the current fiscal year, net receipts pursuant to
collections from third party payers pursuant to section 1095 of title
10, United States Code, shall be made available to the local facility of
the uniformed services responsible for the collections and shall be over
and above the facility's direct budget amount.
Sec. 8032. During the current fiscal year, the Department of Defense
is authorized to incur obligations of not to exceed $350,000,000 for
purposes specified in section 2350j(c) of title 10, United States Code,
in anticipation of receipt of contributions, only from the Government of
Kuwait, under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8033. Of the funds made available in this Act, not less than
$26,588,000 shall be available for the Civil Air Patrol Corporation, of
which $22,888,000 shall be available for Civil Air Patrol Corporation
operation and maintenance to support readiness activities which includes
$1,418,000 for the Civil Air Patrol counterdrug program: Provided, That
funds identified for ``Civil Air Patrol'' under
[[Page 113 STAT. 1238]]
this section are intended for and shall be for the exclusive use of the
Civil Air Patrol Corporation and not for the Air Force or any unit
thereof.
Sec. 8034. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2000 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2000, not more than 6,206
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That of the specific amount referred to previously in
this subsection, not more than 1,105 staff years may be funded for the
defense studies and analysis FFRDCs.
(e) <<NOTE: Reports.>> The Secretary of Defense shall, with the
submission of the department's fiscal year 2001 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year.
Sec. 8035. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI)
specifications of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
[[Page 113 STAT. 1239]]
Sec. 8036. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8037. During the current fiscal year, the Department of Defense
may acquire the modification, depot maintenance and repair of aircraft,
vehicles and vessels as well as the production of components and other
Defense-related articles, through competition between Department of
Defense depot maintenance activities and private firms: Provided, That
the Senior Acquisition Executive of the military department or defense
agency concerned, with power of delegation, shall certify that
successful bids include comparable estimates of all direct and indirect
costs for both public and private bids: Provided further, That Office of
Management and Budget Circular A-76 shall not apply to competitions
conducted under this section.
Sec. 8038. <<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 2000. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes'', approved March 3, 1933 (41 U.S.C.
10a et seq.).
Sec. 8039. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and for
the purposes, provided in section 2865 of title 10, United States Code.
(including transfer of funds)
Sec. 8040. Amounts deposited during the current fiscal year to the
special account established under 40 U.S.C. 485(h)(2) and to the special
account established under 10 U.S.C. 2667(d)(1) are
[[Page 113 STAT. 1240]]
appropriated and shall be available until transferred by the Secretary
of Defense to current applicable appropriations or funds of the
Department of Defense under the terms and conditions specified by 40
U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged
with and to be available for the same time period and the same purposes
as the appropriation to which transferred.
Sec. 8041. During the current fiscal year, appropriations available
to the Department of Defense may be used to reimburse a member of a
reserve component of the Armed Forces who is not otherwise entitled to
travel and transportation allowances and who occupies transient
Government housing while performing active duty for training or inactive
duty training: Provided, That such members may be provided lodging in
kind if transient Government quarters are unavailable as if the member
was entitled to such allowances under subsection (a) of section 404 of
title 37, United States Code: Provided further, That if lodging in kind
is provided, any authorized service charge or cost of such lodging may
be paid directly from funds appropriated for operation and maintenance
of the reserve component of the member concerned.
Sec. 8042. <<NOTE: President. Budget. 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. 8043. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities, Defense''
may be obligated for the Young Marines program.
Sec. 8044. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that <<NOTE: Reports.>> Act: Provided, 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 2000 and 2001, and the specific
expenditures to be made using funds transferred from this account during
fiscal year 2000.
Sec. 8045. Of the funds appropriated or otherwise made available by
this Act, not more than $119,200,000 shall be available for payment of
the operating costs of NATO Headquarters: Provided, That the Secretary
of Defense may waive this section for Department of Defense support
provided to NATO forces in and around the former Yugoslavia.
Sec. 8046. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $100,000.
Sec. 8047. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for
[[Page 113 STAT. 1241]]
sale or anticipated sale during the current fiscal year or a subsequent
fiscal year to customers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable to the Department
of Defense Business Operations Fund during fiscal year 1994 and if the
purchase of such an investment item would be chargeable during the
current fiscal year to appropriations made to the Department of Defense
for procurement.
(b) <<NOTE: Budget.>> The fiscal year 2001 budget request for the
Department of Defense as well as all justification material and other
documentation supporting the fiscal year 2001 Department of Defense
budget shall be prepared and submitted to the Congress on the basis that
any equipment which was classified as an end item and funded in a
procurement appropriation contained in this Act shall be budgeted for in
a proposed fiscal year 2001 procurement appropriation and not in the
supply management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8048. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until September
30, 2001: Provided, <<NOTE: 50 USC 403u note.>> That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended.
Sec. 8049. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8050. Of the funds appropriated by the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $8,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8051. Amounts collected for the use of the facilities of the
National Science Center for Communications and Electronics during the
current fiscal year pursuant to section 1459(g) of the Department of
Defense Authorization Act, 1986, and deposited to the special account
established under subsection 1459(g)(2) of that Act are appropriated and
shall be available until expended for the operation and maintenance of
the Center as provided for in subsection 1459(g)(2).
Sec. 8052. None of the funds appropriated in this Act may be used to
fill the commander's position at any military medical facility with a
health care professional unless the prospective candidate can
demonstrate professional administrative skills.
Sec. 8053. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means title III of the
Act entitled ``An Act making appropriations
[[Page 113 STAT. 1242]]
for the Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
Sec. 8054. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited proposal
unless the head of the activity responsible for the procurement
determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an amount
of less than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been confirmed
by the Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8055. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis, if
the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
Sec. 8056. Funds appropriated by this Act and in Public Law 105-277,
or made available by the transfer of funds in this Act and in Public Law
105-277 for intelligence activities are deemed
[[Page 113 STAT. 1243]]
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2000 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2000.
Sec. 8057. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to lease
real and personal property at Naval Air Facility, Adak, Alaska, pursuant
to 10 U.S.C. 2667(f ), for commercial, industrial or other purposes:
Provided, That notwithstanding any other provision of law, the Secretary
of the Navy may remove hazardous materials from facilities, buildings,
and structures at Adak, Alaska, and may demolish or otherwise dispose of
such facilities, buildings, and structures: Provided further, That
notwithstanding any other provision of law, not more than $4,650,000 of
the funds provided under the heading ``Operation and Maintenance, Army''
in title II of this Act shall be available to the Secretary of the Army,
acting through the Chief of Engineers, only for demolition and removal
of facilities, buildings, and structures formerly used as a District
Headquarters Office by the Corps of Engineers (Northwest Division,
CENWW, Washington State), as described in the study conducted regarding
the headquarters pursuant to the Energy and Water Development
Appropriations Act, 1992 (Public Law 102-104; 105 Stat. 511).
(rescissions)
Sec. 8058. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded as of the
date of the enactment of this Act, from the following accounts and
programs in the specified amounts:
``Other Procurement, Navy, 1998/2000'', $2,167,000;
``Aircraft Procurement, Air Force, 1998/2000'', $15,800,000;
``Other Procurement, Army, 1999/2001'', $13,700,000;
``Aircraft Procurement, Navy, 1999/2001'', $41,500,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1999/2003'':
New Attack Submarine, $32,400,000;
CVN-69, $11,400,000;
``Other Procurement, Navy, 1999/2001'', $13,784,000;
``Aircraft Procurement, Air Force, 1999/2001'', $29,729,000;
``Missile Procurement, Air Force, 1999/2001'', $130,000,000;
``Research, Development, Test and Evaluation, Army, 1999/
2000'', $5,400,000;
``Research, Development, Test and Evaluation, Navy, 1999/
2000'', $14,900,000;
``Research, Development, Test and Evaluation, Air Force,
1999/2000'', $15,900,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
1999/2000'', $23,500,000.
Sec. 8059. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8060. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
[[Page 113 STAT. 1244]]
to the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8061. During the current fiscal year, funds appropriated in
this Act are available to compensate members of the National Guard for
duty performed pursuant to a plan submitted by a Governor of a State and
approved by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance of such duty,
the members of the National Guard shall be under State command and
control: Provided further, That such duty shall be treated as full-time
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of
title 10, United States Code.
Sec. 8062. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Unified and Specified Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred against
appropriations for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence or counterintelligence
support to Unified Commands, Defense Agencies and Joint Intelligence
Activities, including the activities and programs included within the
National Foreign Intelligence Program (NFIP), the Joint Military
Intelligence Program (JMIP), and the Tactical Intelligence and Related
Activities (TIARA) aggregate: Provided, That nothing in this section
authorizes deviation from established Reserve and National Guard
personnel and training procedures.
Sec. 8063. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 1999 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
(including transfer of funds)
Sec. 8064. (a) None of the funds appropriated in this Act may be
transferred to or obligated from the Pentagon Reservation Maintenance
Revolving Fund, unless the Secretary of Defense certifies that the total
cost for the planning, design, construction and installation of
equipment for the renovation of the Pentagon Reservation will not exceed
$1,222,000,000.
(b) The Secretary shall, in conjunction with the Pentagon
Renovation, design and construct secure secretarial offices and support
facilities and security-related changes to the subway entrance at the
Pentagon Reservation.
Sec. 8065. <<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.
[[Page 113 STAT. 1245]]
(transfer of funds)
Sec. 8066. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be transferred to other appropriations or funds of the
Department of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the appropriation or
fund to which transferred.
Sec. 8067. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That the
Secretary of the military department responsible for such procurement
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire capability
for national security purposes.
Sec. 8068. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8069. None of the funds in this Act may be used to purchase any
supercomputer which is not manufactured in the United States, unless the
Secretary of Defense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire capability for
national security purposes that is not available from United States
manufacturers.
Sec. 8070. Notwithstanding any other provision of law, the Naval
shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this
or any other Act.
Sec. 8071. Notwithstanding any other provision of law, each contract
awarded by the Department of Defense during the current fiscal year for
construction or service performed in whole or in part in a State (as
defined in section 381(d) of title 10, United States Code) which is not
contiguous with another State and has an unemployment rate in excess of
the national average rate of unemployment as determined by the Secretary
of Labor, shall include a provision requiring the contractor to employ,
for the purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who are residents
of such State and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills: Provided, That
the Secretary of Defense may waive the requirements of this section, on
a case-by-case basis, in the interest of national security.
Sec. 8072. During the current fiscal year, the Army shall use the
former George Air Force Base as the airhead for the National Training
Center at Fort Irwin: Provided, That none of
[[Page 113 STAT. 1246]]
the funds in this Act shall be obligated or expended to transport Army
personnel into Edwards Air Force Base for training rotations at the
National Training Center.
Sec. 8073. <<NOTE: Reports.>> (a) The Secretary of Defense shall
submit, on a quarterly basis, a report to the congressional defense
committees, the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate
setting forth all costs (including incremental costs) incurred by the
Department of Defense during the preceding quarter in implementing or
supporting resolutions of the United Nations Security Council, including
any such resolution calling for international sanctions, international
peacekeeping operations, and humanitarian missions undertaken by the
Department of Defense. The quarterly report shall include an aggregate
of all such Department of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the quarterly reports
all efforts made to seek credit against past United Nations expenditures
and all efforts made to seek compensation from the United Nations for
costs incurred by the Department of Defense in implementing and
supporting United Nations activities.
Sec. 8074. (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding any other provision of law, none of the funds
available to the Department of Defense for the current fiscal year may
be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in subsection
(b) unless the congressional defense committees, the Committee on
International Relations of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) Covered <<NOTE: Applicability.>> Activities.--This section
applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services to
be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
Sec. 8075. <<NOTE: Loans.>> 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
[[Page 113 STAT. 1247]]
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. 8076. 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. 8077. (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. 8078. 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. 8079. During the current fiscal year, no more than $10,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8080. 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
[[Page 113 STAT. 1248]]
in any prior year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8081. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
(transfer of funds)
Sec. 8082. Upon the enactment of this Act, the Secretary of Defense
shall make the following transfers of funds: Provided, That the amounts
transferred shall be available for the same purposes as the
appropriations to which transferred, and for the same time period as the
appropriation from which transferred: Provided further, That the amounts
shall be transferred between the following appropriations in the amount
specified:
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1988/2001'':
SSN-688 attack submarine program, $6,585,000;
CG-47 cruiser program, $12,100,000;
Aircraft carrier service life extension
program, $202,000;
LHD-1 amphibious assault ship program,
$2,311,000;
LSD-41 cargo variant ship program, $566,000;
T-AO fleet oiler program, $3,494,000;
AO conversion program, $133,000;
Craft, outfitting, and post delivery,
$1,688,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1995/2001'':
DDG-51 destroyer program, $27,079,000;
From:
[[Page 113 STAT. 1249]]
Under the heading, ``Shipbuilding and Conversion,
Navy, 1989/2000'':
DDG-51 destroyer program, $13,200,000;
Aircraft carrier service life extension
program, $186,000;
LHD-1 amphibious assault ship program,
$3,621,000;
LCAC landing craft, air cushioned program,
$1,313,000;
T-AO fleet oiler program, $258,000;
AOE combat support ship program, $1,078,000;
AO conversion program, $881,000;
T-AGOS drug interdiction conversion, $407,000;
Outfitting and post delivery, $219,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2000'':
LPD-17 amphibious transport dock ship,
$21,163,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1990/2002'':
SSN-688 attack submarine program, $5,606,000;
DDG-51 destroyer program, $6,000,000;
ENTERPRISE refueling/modernization program,
$2,306,000;
LHD-1 amphibious assault ship program,
$183,000;
LSD-41 dock landing ship cargo variant
program, $501,000;
LCAC landing craft, air cushioned program,
$345,000;
MCM mine countermeasures program, $1,369,000;
Moored training ship demonstration program,
$1,906,000;
Oceanographic ship program, $1,296,000;
AOE combat support ship program, $4,086,000;
AO conversion program, $143,000;
Craft, outfitting, post delivery, and ship
special support equipment, $1,209,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1990/2002'':
T-AGOS surveillance ship program, $5,000,000;
Coast Guard icebreaker program, $8,153,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2002'':
LPD-17 amphibious transport dock ship,
$7,192,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2002'':
CVN refuelings, $4,605,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1991/2001'':
SSN-21(AP) attack submarine program,
$1,614,000;
[[Page 113 STAT. 1250]]
LHD-1 amphibious assault ship program,
$5,647,000;
LSD-41 dock landing ship cargo variant
program, $1,389,000;
LCAC landing craft, air cushioned program,
$330,000;
AOE combat support ship program, $1,435,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2001'':
CVN refuelings, $10,415,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1992/2001'':
SSN-21 attack submarine program, $11,983,000;
Craft, outfitting, post delivery, and DBOF
transfer, $836,000;
Escalation, $5,378,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2001'':
CVN refuelings, $18,197,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1993/2002'':
Carrier replacement program (AP), $30,332,000;
LSD-41 cargo variant ship program, $676,000;
AOE combat support ship program, $2,066,000;
Craft, outfitting, post delivery, and first
destination transportation, and inflation
adjustments, $2,127,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2002'':
CVN refuelings, $29,844,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1999/2002'':
Craft, outfitting, post delivery, conversions,
and first destination transportation, $5,357,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1994/2003'':
LHD-1 amphibious assault ship program,
$23,900,000;
Oceanographic ship program, $9,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1994/2003'':
DDG-51 destroyer program, $18,349,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1995/1999'':
DDG-51 destroyer program, $5,383,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2000'':
LPD-17 amphibious transport dock ship,
$168,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1999/2003'':
[[Page 113 STAT. 1251]]
Craft, outfitting, post delivery, conversions,
and first destination transportation, $9,000;
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2000'':
SSN-21 attack submarine program, $10,100,000;
LHD-1 amphibious assault ship program,
$7,100,000;
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2000'':
DDG-51 destroyer program, $3,723,000;
LPD-17 amphibious transport dock ship,
$13,477,000.
Sec. 8083. <<NOTE: Deadline. Reports.>> The Under Secretary of
Defense (Comptroller) shall submit to the congressional defense
committees by February 1, 2000, a detailed report identifying, by amount
and by separate budget activity, activity group, subactivity group, line
item, program element, program, project, subproject, and activity, any
activity for which the fiscal year 2001 budget request was reduced
because the Congress appropriated funds above the President's budget
request for that specific activity for fiscal year 2000.
Sec. 8084. Funds appropriated in title II of this Act and for the
Defense Health Program in title VI of this Act for supervision and
administration costs for facilities maintenance and repair, minor
construction, or design projects may be obligated at the time the
reimbursable order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and administration
costs includes all in-house Government cost.
Sec. 8085. During the current fiscal year, the Secretary of Defense
may waive reimbursement of the cost of conferences, seminars, courses of
instruction, or similar educational activities of the Asia-Pacific
Center for Security Studies for military officers and civilian officials
of foreign nations if the Secretary determines that attendance by such
personnel, without reimbursement, is in the national security interest
of the United States: Provided, That costs for which reimbursement is
waived pursuant to this subsection shall be paid from appropriations
available for the Asia-Pacific Center.
Sec. 8086. (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. 8087. 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
[[Page 113 STAT. 1252]]
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. 8088. 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. 8089. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Foreign
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
(rescissions)
Sec. 8090. Of the funds provided in the Department of Defense
Appropriations Act, 1999 (Public Law 105-262), $452,100,000, to reflect
savings from revised economic assumptions, is hereby rescinded as of the
date of the enactment of this Act, or October 1, 1999, whichever is
later, from the following accounts in the specified amounts:
``Aircraft Procurement, Army'', $8,000,000;
``Missile Procurement, Army'', $7,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', $9,000,000;
``Procurement of Ammunition, Army'', $6,000,000;
``Other Procurement, Army'', $19,000,000;
``Aircraft Procurement, Navy'', $44,000,000;
``Weapons Procurement, Navy'', $8,000,000;
``Procurement of Ammunition, Navy and Marine Corps'',
$3,000,000;
``Shipbuilding and Conversion, Navy'', $37,000,000;
``Other Procurement, Navy'', $23,000,000;
``Procurement, Marine Corps'', $5,000,000;
``Aircraft Procurement, Air Force'', $46,000,000;
``Missile Procurement, Air Force'', $14,000,000;
``Procurement of Ammunition, Air Force'', $2,000,000;
``Other Procurement, Air Force'', $44,400,000;
``Procurement, Defense-Wide'', $5,200,000;
``Chemical Agents and Munitions Destruction, Army'',
$5,000,000;
``Research, Development, Test and Evaluation, Army'',
$20,000,000;
``Research, Development, Test and Evaluation, Navy'',
$40,900,000;
``Research, Development, Test and Evaluation, Air Force'',
$76,900,000; and
[[Page 113 STAT. 1253]]
``Research, Development, Test and Evaluation, Defense-
Wide'', $28,700,000:
Provided, That these reductions shall be applied proportionally to each
budget activity, activity group and subactivity group and each program,
project, and activity within each appropriation account.
Sec. 8091. <<NOTE: Budget. 10 USC 221 note.>> The budget of the
President for fiscal year 2001 submitted to the Congress pursuant to
section 1105 of title 31, United States Code, and each annual budget
request thereafter, shall include budget activity groups (known as
``subactivities'') in all appropriations accounts provided in this Act,
as may be necessary, to separately identify all costs incurred by the
Department of Defense to support the North Atlantic Treaty Organization
and all Partnership For Peace programs and initiatives. The budget
justification materials submitted to the Congress in support of the
budget of the Department of Defense for fiscal year 2001, and subsequent
fiscal years, shall provide complete, detailed estimates for all such
costs.
Sec. 8092. 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. 8093. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if the
Secretary determines that the application of the limitation with respect
to that country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of defense
items entered into under section 2531 of title 10, United States Code,
and the country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under headings
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.
(d) None of the funds appropriated or otherwise provided for the
Department of Defense in this or any other Act for any fiscal year may
be obligated or expended for procurement of a nuclear-capable shipyard
crane from a foreign source. Subsection (a) does not apply to the
limitation in the preceding sentence.
Sec. 8094. 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 113 STAT. 1254]]
drug reconnaissance missions for Federal, State, and local government
agencies; for administrative costs, including the hiring of Civil Air
Patrol Corporation employees; for travel and per diem expenses of Civil
Air Patrol Corporation personnel in support of those missions; and for
equipment needed for mission support or performance: Provided, That of
these funds, $300,000 shall be made available to establish and operate a
distance learning program: Provided further, That the Department of the
Air Force should waive reimbursement from the Federal, State, and local
government agencies for the use of these funds.
Sec. 8095. <<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, 1999, 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, 1999,
may include a base contract period for transition and up to seven 1-year
option periods.
Sec. 8096. 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. 8097. In addition to the amounts provided elsewhere in this
Act, notwithstanding any other provision of law, $5,000,000 is hereby
appropriated to the Office of the Secretary of Defense, and is available
only for a grant to the Women in Military Service for America Memorial
Foundation, Inc., only for costs associated with completion of the
``Women in Military Service For America'' memorial at Arlington National
Cemetery.
Sec. 8098. Training and Other Programs. (a) Prohibition.--None of
the funds made available by this Act may be used to support any training
program involving a unit of the security forces of a foreign country if
the Secretary of Defense has received credible information from the
Department of State that the unit has committed a gross violation of
human rights, unless all necessary corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to conduct any
training program referred to in subsection (a), full consideration is
given to all credible information available to the Department of State
relating to human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a) if he
determines that such waiver is required by extraordinary circumstances.
(d) Report.--Not <<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
[[Page 113 STAT. 1255]]
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. 8099. The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program to
distribute surplus dental equipment of the Department of Defense, at no
cost to the Department of Defense, to Indian health service facilities
and to federally-qualified health centers (within the meaning of section
1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
Sec. 8100. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $123,200,000
to reflect savings from the pay of civilian personnel, to be distributed
as follows:
``Operation and Maintenance, Army'', $30,900,000;
``Operation and Maintenance, Navy'', $66,600,000;
``Operation and Maintenance, Air Force'', $9,200,000; and
``Operation and Maintenance, Defense-Wide'', $16,500,000.
Sec. 8101. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $171,000,000
to reflect savings from favorable foreign currency fluctuations, to be
distributed as follows:
``Military Personnel, Army'', $19,100,000;
``Military Personnel, Navy'', $2,200,000;
``Military Personnel, Air Force'', $9,900,000;
``Operation and Maintenance, Army'', $80,700,000;
``Operation and Maintenance, Navy'', $13,700,000;
``Operation and Maintenance, Air Force,'' $26,900,000;
``Operation and Maintenance, Defense-Wide'', $8,700,000; and
``Defense Health Program'', $9,800,000.
Sec. 8102. Notwithstanding any other provision of law, the Secretary
of Defense may retain all or a portion of the family housing at Fort
Buchanan, Puerto Rico, as the Secretary deems necessary to meet military
family housing needs arising out of the relocation of elements of the
United States Army South to Fort Buchanan.
Sec. 8103. From within amounts made available in title II of this
Act, under the heading ``Operation and Maintenance, Army'', and
notwithstanding any other provision of law, $12,500,000 shall be
available only for repairs and safety improvements to the segment of
Fort Irwin Road which extends from Interstate 15 northeast toward the
boundary of Fort Irwin, California and the originating intersection of
Irwin Road: Provided, That these funds shall remain available until
expended: Provided further, That the authorized scope of work includes,
but is not limited to, environmental documentation and mitigation,
engineering and design, improving safety, resurfacing, widening lanes,
enhancing shoulders, and replacing signs and pavement markings: Provided
further, That these funds may be used for advances to the Federal
Highway Administration, Department of Transportation, for the authorized
scope of work.
Sec. 8104. Funds appropriated to the Department of the Navy in title
II of this Act may be available to replace lost and canceled Treasury
checks issued to Trans World Airlines in the total amount of $255,333.24
for which timely claims were filed and for which detailed supporting
records no longer exist.
[[Page 113 STAT. 1256]]
Sec. 8105. 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. 8106. From within amounts made available in title II of this
Act under the heading ``Operation and Maintenance, Defense-Wide'', and
notwithstanding any other provision of law, $2,500,000 shall be
available only for a grant for ``America's Promise--The Alliance for
Youth, Inc.'', only to support, on a dollar-for-dollar matching basis
with non-departmental funds, efforts to mobilize individuals, groups and
organizations to build and strengthen the character and competence of
the Nation's youth.
Sec. 8107. Of the funds made available in this Act, not less than
$47,100,000 shall be available to maintain an attrition reserve force of
23 B-52 aircraft, of which $3,100,000 shall be available from ``Military
Personnel, Air Force'', $34,500,000 shall be available from ``Operation
and Maintenance, Air Force'', and $9,600,000 shall be available from
``Aircraft Procurement, Air Force'': Provided, That the Secretary of the
Air Force shall maintain a total force of 94 B-52 aircraft, including 23
attrition reserve aircraft, during fiscal year 2000: Provided further,
That the Secretary of Defense shall include in the Air Force budget
request for fiscal year 2001 amounts sufficient to maintain a B-52 force
totaling 94 aircraft.
Sec. 8108. Notwithstanding any other provision in this Act, the
total amount appropriated in title II is hereby reduced by $100,000,000
to reflect savings resulting from reviews of Department of Defense
missions and functions conducted pursuant to Office of Management and
Budget Circular A-76, to be distributed as follows:
``Operation and Maintenance, Army'', $34,300,000;
``Operation and Maintenance, Navy'', $22,800,000;
``Operation and Maintenance, Marine Corps'', $1,400,000; and
``Operation and Maintenance, Air Force'', $41,500,000:
Provided, That none of the funds appropriated or otherwise made
available by this Act may be obligated or expended for the purpose of
contracting out functions directly related to the award of Department of
Defense contracts, oversight of contractors with the Department of
Defense, or the payment of such contractors including, but not limited
to: contracting technical officers, contact administration officers,
accounting and finance officers, and budget officers.
Sec. 8109. (a) Report on OMB Circular A-76 Reviews of Work Performed
by DOD Employees.--The Secretary of Defense shall submit a report not
later than 90 days after the enactment of this Act which lists all
instances since 1995 in which missions or functions of the Department of
Defense have been reviewed by the Department of Defense pursuant to OMB
Circular A-76. The report shall list the disposition of each such review
and indicate whether the review resulted in the performance of such
missions
[[Page 113 STAT. 1257]]
or functions by Department of Defense civilian and military personnel,
or whether such reviews resulted in performance by contractors. The
report shall include a description of the types of missions or
functions, the locations where the missions or functions are performed,
the name of the contractor performing the work (if applicable), the cost
to perform the missions or functions at the time the review was
conducted, and the current cost to perform the missions or functions.
(b) Report on OMB Circular A-76 Reviews of Work Performed by DOD
Contractors.--The report shall also identify those instances in which
work performed by a contractor has been converted to performance by
civilian or military employees of the Department of Defense. For each
instance of contracting in, the report shall include a description of
the types of work, the locations where the work was performed, the name
of the contractor that was performing the work, the cost of contractor
performance at the time the work was contracted in, and the current cost
of performance by civilian or military employees of the Department of
Defense. In addition, the report shall include recommendations for
maximizing the possibility of effective public-private competition for
work that has been contracted out.
(c) Comptroller General <<NOTE: Deadline.>> Review.--Not later than
90 days after the date on which the Secretary submits the annual report,
the Comptroller General shall submit to the House and Senate Committees
on Appropriations the Comptroller General's views on whether the
department has complied with the requirements for the report.
Sec. 8110. <<NOTE: Budget. 10 USC 221 note.>> The budget of the
President for fiscal year 2001 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
Procurement accounts, and the Overseas Contingency Operations Transfer
Fund: Provided, That these budget justification documents shall include
a description of the funding requested for each anticipated contingency
operation, for each military service, to include active duty and Guard
and Reserve components, and for each appropriation account: Provided
further, That these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for ongoing contingency operations, and programmatic data
including, but not limited to troop strength for each active duty and
Guard and Reserve component, and estimates of the major weapons systems
deployed in support of each contingency.
(including transfer of funds)
Sec. 8111. In addition to amounts appropriated or otherwise made
available in this Act, $35,000,000 is hereby appropriated, only to
initiate and expand activities of the Department of Defense to prevent,
prepare for, and respond to a terrorist attack in the United States
involving weapons of mass destruction: Provided, That funds made
available under this section shall be transferred to the following
accounts:
``Reserve Personnel, Army'', $2,000,000;
``National Guard Personnel, Army'', $2,000,000;
``National Guard Personnel, Air Force'', $500,000;
[[Page 113 STAT. 1258]]
``Operation and Maintenance, Army'', $24,500,000; and
``Research, Development, Test and Evaluation, Army'',
$6,000,000:
Provided further, That funds transferred pursuant to this section shall
be merged with and be available for the same purposes and for the same
time period as the appropriation to which transferred: Provided further,
That the transfer authority provided in this section is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That of the funds transferred to ``Operation and
Maintenance, Army'', not less than $3,000,000 shall be made available
only to establish a cost effective counter-terrorism training program
for first responders and concurrent testing of response apparatus and
equipment at the Memorial Tunnel Facility: Provided further, That of the
funds transferred to ``Operation and Maintenance, Army'', not less than
$2,000,000 shall be made available only to support development of a
structured undergraduate research program for chemical and biological
warfare defense designed to produce graduates with specialized
laboratory training and scientific skills required by military and
industrial laboratories engaged in combating the threat of biological
and chemical terrorism: Provided further, That of the funds transferred
to ``Operation and Maintenance, Army'', not less than $3,500,000 shall
be made available for a National Guard Bureau and Department of Justice
collaborative training program only to enhance distance learning
technologies and develop related courseware to provide training for
counter-terrorism and related concerns: Provided further, That of the
funds transferred to ``Research, Development, Test and Evaluation,
Army'', not less than $3,000,000 shall be made available only to
continue development and presentation of advanced distributed learning
consequence management response courses and conventional courses.
Sec. 8112. <<NOTE: Budget. Reports.>> (a) The Secretary of Defense
shall, along with submission of the fiscal year 2001 budget request for
the Department of Defense, submit to the congressional defense
committees a report, in both unclassified and classified versions, which
contains an assessment of the advantages or disadvantages of deploying a
ground-based National Missile Defense system at more than one site.
(b) This report shall include, but not be limited to, an assessment
of the following issues:
(1) The ability of a single site, versus multiple sites, to
counter the expected ballistic missile threat.
(2) The optimum basing locations for a single and multiple
site National Missile Defense system.
(3) The survivability and redundancy of potential National
Missile Defense systems under a single or multiple site
architecture.
(4) The estimated costs (including development, construction
and infrastructure, and procurement of equipment) associated
with different site deployment options.
(5) Other issues bearing on deploying a National Missile
Defense system at one or more sites.
Sec. 8113. <<NOTE: Reports.>> The Secretary of the Navy and the
Secretary of the Air Force each shall submit a report to the
congressional defense committees within 90 days of the enactment of this
Act in both classified and unclassified form which shall provide a
detailed description of the dedicated aggressor squadrons used to
conduct
[[Page 113 STAT. 1259]]
combat flight training for the Navy, Marine Corps and Air Force covering
the period from fiscal year 1990 through the present. For each year of
the specified time period, each report shall provide a detailed
description of the following: the assets which comprise dedicated
aggressor squadrons including both aircrews, and the types and models of
aircraft assigned to these squadrons; the number of training sorties for
all forms of combat flight training which require aggressor aircraft,
and the number of sorties that the dedicated aggressor squadrons can
generate to meet these requirements; the ratio of the total inventory of
attack and fighter aircraft to the number of aircraft available for
dedicated aggressor squadrons; a comparison of the performance
characteristics of the aircraft assigned to dedicated aggressor
squadrons compared to the performance characteristics of the aircraft
they are intended to represent in training scenarios; an assessment of
pilot proficiency by year from 1986 to the present; service
recommendations to enhance aggressor squadron proficiency to include
number of dedicated aircraft, equipment, facilities, and personnel; and
a plan that proposes improvements in dissimilar aircraft air combat
training.
Sec. 8114. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business: Provided, <<NOTE: Reports. Deadline.>> That the Department of
Defense Office of the Inspector General shall provide a report to the
House and Senate Committees on Appropriations not later than 90 days
after the enactment of this Act which assesses the compliance of each of
the military services with applicable appropriations law, Office of
Management and Budget circulars, and Undersecretary of Defense
(Comptroller) directives which govern funding for maintenance and
repairs to flag officer quarters: Provided further, That this report
shall include an assessment as to whether there have been violations of
the Anti-Deficiency Act resulting from instances of improper funding of
such maintenance and repair projects.
Sec. 8115. 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:
Provided further, That none of the funds appropriated under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' in the
Department of Defense Appropriations Act, 1999 (Public Law 105-262)
which remain available for obligation are available for the Line of
Sight Anti-Tank Program: Provided further, That of the funds
appropriated under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'' in Public Law 105-262, $10,027,000 shall be
available only for the Air Directed Surface to Air Missile.
[[Page 113 STAT. 1260]]
Sec. 8116. None of the funds appropriated under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' in the
Department of Defense Appropriations Act, 1999 (Public Law 105-262)
which remain available for obligation are available for the Medium
Extended Air Defense System or successor systems.
Sec. 8117. Of the funds appropriated in title II of this Act under
the heading ``Operation and Maintenance, Army'', $250,000 shall be
available only for a grant to the Nebraska Game and Parks Commission for
the purpose of locating, identifying the boundaries of, acquiring,
preserving, and memorializing the cemetery site that is located in close
proximity to Fort Atkinson, Nebraska. The Secretary of the Army shall
require as a condition of such grant that the Nebraska Game and Parks
Commission, in carrying out the purposes of which the grant is made,
work in conjunction with the Nebraska State Historical Society. The
grant under this section shall be made without regard to section 1301 of
title 31, United States Code, or any other provision of law.
Sec. 8118. 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. 8119. 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. 8120. <<NOTE: 10 USC 983 note.>> During the current fiscal year
and hereafter, any Federal grant of funds to an institution of higher
education to be available solely for student financial assistance or
related administrative costs may be used for the purpose for which the
grant is made without regard to any provision to the contrary in section
514 of the Departments of Labor, Health and Human Services, Education,
and Related Agencies Appropriations Act, 1997 (10 U.S.C. 503 note), or
section 983 of title 10, United States Code.
[[Page 113 STAT. 1261]]
Sec. 8121. (a) Registering Information Technology
Systems With DOD Chief Information Officer.--After March 31, 2000, 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 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 fiscal year 2000, a major automated information system may not
receive Milestone I approval, Milestone II approval, or Milestone III
approval 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) 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 Command, Control, Communications, Computers,
Intelligence, Surveillance, and Reconnaissance (C4ISR)
Architecture Framework.
(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. 8122. 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
[[Page 113 STAT. 1262]]
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. 8123. (a) Recovery of Certain DOD Administrative Expenses in
Connection With Foreign Military Sales Program.--Charges for
administrative services calculated under section 21(e) of the Arms
Export Control Act (22 U.S.C. 2761(e)) in connection with the sale of
defense articles or defense services shall (notwithstanding paragraph
(3) of section 43(b) of such Act (22 U.S.C. 2792(b))) include recovery
of administrative expenses incurred by the Department of Defense during
fiscal year 2000 that are attributable to: (1) salaries of members of
the Armed Forces; and (2) unfunded estimated costs of civilian
retirement and other benefits.
(b) Reimbursement of Applicable Military Personnel Accounts.--During
the current fiscal year, amounts in the Foreign Military Sales Trust
Fund shall be available in an amount not to exceed $63,000,000 to
reimburse the applicable military personnel accounts in title I of this
Act for the value of administrative expenses referred to in subsection
(a)(1).
(c) Reductions To Reflect Amounts Expected To Be Recovered.--(1) The
amounts in title I of this Act are hereby reduced by an aggregate of
$63,000,000 (such amount being the amount expected to be recovered by
reason of subsection (a)(1)).
(2) The amounts in title II of this Act are hereby reduced by an
aggregate of $31,000,000 (such amount being that amount expected to be
recovered by reason of subsection (a)(2)).
Sec. 8124. <<NOTE: 47 USC 337 note.>> (a) The Communications Act of
1934 is amended in section 337(b) (47 U.S.C. 337(b)), by deleting
paragraph (2). Upon <<NOTE: Bidding. Deadline.>> the enactment of this
provision, the Federal Communications Commission shall initiate the
competitive bidding process in fiscal year 1999 and shall conduct the
competitive bidding in a manner that ensures that all proceeds of such
bidding are deposited in accordance with section 309( j)(8) of the Act
not later than September 30, 2000. <<NOTE: Federal
Register, publication.>> To expedite the assignment by competitive
bidding of the frequencies identified in section 337(a)(2) of the Act,
the rules governing such frequencies shall be effective immediately upon
publication in the Federal Register, notwithstanding 5 U.S.C. 553(d),
801(a)(3), 804(2), and 806(a). Chapter 6 of such title, 15 U.S.C. 632,
and 44 U.S.C. 3507 and 3512, shall not apply to the rules and
competitive bidding procedures governing such frequencies.
Notwithstanding section 309(b) of the Act, no application for an
instrument of authorization for such frequencies shall be granted by the
Commission earlier than 7 days following issuance of public notice by
the Commission of the acceptance for filing of such application or of
any substantial amendment thereto. Notwithstanding section 309(d)(1) of
such Act, the Commission may specify a period (no less than 5 days
following issuance of such public notice) for the filing of petitions to
deny any application for an instrument of authorization for such
frequencies.
(b)(1) <<NOTE: Deadline. Reports.>> Not later than 15 days after the
date of the enactment of this Act, the Director of the Office of
Management and Budget and the Federal Communications Commission shall
each submit to the appropriate congressional committees a report which
shall--
[[Page 113 STAT. 1263]]
(A) set forth the anticipated schedule (including specific
dates) for--
(i) preparing and conducting the competitive bidding
process required by subsection (a); and
(ii) depositing the receipts of the competitive
bidding process;
(B) set forth each signficant milestone in the rulemaking
process with respect to the competitive bidding process;
(C) include an explanation of the effect of each requirement
in subsection (a) on the schedule for the competitive bidding
process and any post-bidding activities (including the deposit
of receipts) when compared with the schedule for the competitive
bidding and any post-bidding activities (including the deposit
of receipts) that would otherwise have occurred under section
337(b)(2) of the Communications Act of 1934 (47 U.S.C.
337(b)(2)) if not for the enactment of subsection (a);
(D) set forth for each spectrum auction held by the Federal
Communications Commission since 1993 information on--
(i) the time required for each stage of preparation
for the auction;
(ii) the date of the commencement and of the
completion of the auction;
(iii) the time which elapsed between the date of the
completion of the auction and the date of the first
deposit of receipts from the auction in the Treasury;
and
(iv) the dates of all subsequent deposits of
receipts from the auction in the Treasury; and
(E) include an assessment of how the stages of the
competitive bidding process required by subsection (a),
including preparation, commencement and completion, and deposit
of receipts, will differ from similar stages in the auctions
referred to in subparagraph (D).
(2) <<NOTE: Deadline. Reports.>> Not later than October 5, 2000, the
Director of the Office of Management and Budget and the Federal
Communications Commission shall each submit to the appropriate
congressional committees the report which shall--
(A) describe the course of the competitive bidding process
required by subsection (a) through September 30, 2000, including
the amount of any receipts from the competitive bidding process
deposited in the Treasury as of September 30, 2000; and
(B) if the course of the competitive bidding process has
included any deviations from the schedule set forth under
paragraph (1)(A), an explanation for such deviations from the
schedule.
(3) The Federal Communications Commission may not consult with the
Director in the preparation and submittal of the reports required of the
Commission by this subsection.
(4) In this subsection, the term ``appropriate congressional
committees'' means the following:
(A) The Committees on Appropriations, the Budget, and
Commerce of the Senate.
(B) The Committees on Appropriations, the Budget, and
Commerce of the House of Representatives.
(c) Nothing in this section shall be construed to supercede the
requirements placed on the Federal Communications Commission by 47
U.S.C. 337(d)(4).
[[Page 113 STAT. 1264]]
Sec. 8125. (a) Report <<NOTE: Deadline.>> Required.--Not later than
January 31, 2000, the Secretary of Defense shall submit to the
congressional defense committees in both classified and unclassified
form a report on the conduct of Operation Desert Fox and Operation
Allied Force (also referred to as Operation Noble Anvil). The Secretary
of Defense shall submit to such committees a preliminary report on the
conduct of these operations not later than December 15, 1999. The report
(including the preliminary report) should be prepared in consultation
with the Chairman of the Joint Chiefs of Staff, the Commander in Chief
of the United States Central Command, and the Commander in Chief of the
United States European Command.
(b) Review of Successes and Deficiencies.--The report should contain
a thorough review of the successes and deficiencies of these operations,
with respect to the following matters:
(1) United States military objectives in these operations.
(2) With respect to Operation Allied Force, the military
strategy of the North Atlantic Treaty Organization (NATO) to
obtain said military objectives.
(3) The command structure for the execution of Operation
Allied Force.
(4) The process for identifying, nominating, selecting, and
verifying targets to be attacked during Operation Desert Fox and
Operation Allied Force.
(5) A comprehensive battle damage assessment of targets
prosecuted during the conduct of the air campaigns in these
operations, to include--
(A) fixed targets, both military and civilian, to
include bridges, roads, rail lines, airfields, power
generating plants, broadcast facilities, oil refining
infrastructure, fuel and munitions storage
installations, industrial plants producing military
equipment, command and control nodes, civilian
leadership bunkers and military barracks;
(B) mobile military targets such as tanks, armored
personnel carriers, artillery pieces, trucks, and air
defense assets;
(C) with respect to Operation Desert Fox, research
and production facilities associated with Iraq's weapons
of mass destruction and ballistic missile programs, and
any military units or organizations associated with such
activities within Iraq; and
(D) a discussion of decoy, deception and counter-
intelligence techniques employed by the Iraqi and
Serbian military.
(6) The use and performance of United States military
equipment, weapon systems, munitions, and national and tactical
reconnaissance and surveillance assets (including items
classified under special access procedures) and an analysis of--
(A) any equipment or capabilities that were in
research and development and if available could have
been used in these operations' respective theater of
operations;
(B) any equipment or capabilities that were
available and could have been used but were not
introduced into these operations' respective theater of
operations; and
(C) any equipment or capabilities that were
introduced to these operations' respective theater of
operations that could have been used but were not.
[[Page 113 STAT. 1265]]
(7) Command, control, communications and operational
security of NATO forces as a whole and United States forces
separately during Operation Allied Force, including the ability
of United States aircraft to operate with aircraft of other
nations without degradation of capabilities or protection of
United States forces.
(8) The deployment of United States forces and supplies to
the theater of operations, including an assessment of airlift
and sealift (to include a specific assessment of the deployment
of Task Force Hawk during Operation Allied Force, to include
detailed explanations for the delay in initial deployment, the
suitability of equipment deployed compared to other equipment in
the United States inventory that was not deployed, and a
critique of the training provided to operational personnel prior
to and during the deployment).
(9) The use of electronic warfare assets, in particular an
assessment of the adequacy of EA-6B aircraft in terms of
inventory, capabilities, deficiencies, and ability to provide
logistics support.
(10) The effectiveness of reserve component forces including
their use and performance in the theater of operations.
(11) The contributions of United States (and with respect to
Operation Allied Force, NATO) intelligence and
counterintelligence systems and personnel, including an
assessment of the targeting selection and bomb damage assessment
process.
(c) The report should also contain:
(1) An analysis of the transfer of operational assets from
other United States Unified Commands to these operations'
theater of operations and the impact on the readiness,
warfighting capability and deterrence value of those commands.
(2) An analysis of the implications of these operations as
regards the ability of United States Armed Forces and
intelligence capabilities to carry out the current national
security strategy, including--
(A) whether the Department of Defense and its
components, and the intelligence community and its
components, have sufficient force structure and manning
as well as equipment (to include items such as munitions
stocks) to deploy, prosecute and sustain operations in a
second major theater of war as called for under the
current national security strategy;
(B) which, if any aspects, of currently programmed
manpower, operations, training and other readiness
programs, and weapons and other systems are found to be
inadequate in terms of supporting the national military
strategy; and
(C) what adjustments need to be made to current
defense planning and budgets, and specific programs to
redress any deficiencies identified by this analysis.
Sec. 8126. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the Department
of Defense that has a center-fire cartridge and a United States military
nomenclature designation of ``armor penetrator'', ``armor piercing
(AP)'', ``armor piercing incendiary (API)'', or ``armor-piercing
incendiary-tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under a contract
that requires the entity to demonstrate
[[Page 113 STAT. 1266]]
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. 8127. 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. 8128. In the current fiscal year and hereafter, funds
appropriated for the Pacific Disaster Center may be obligated to carry
out such missions as the Secretary of Defense may specify for disaster
information management and related supporting activities in the
geographic area of responsibility of the Commander in Chief, Pacific and
beyond in support of a global disaster information network: Provided,
That the Secretary may enable the Pacific Disaster Center and its
derivatives to enter into flexible public-private cooperative
arrangements for the delegation or implementation of some or all of its
missions and accept and provide grants, or other remuneration to or from
any agency of the Federal Government, State or local government, private
source or foreign government to carry out any of its activities:
Provided further, That the Pacific Disaster Center may not accept any
remuneration or provide any service or grant which could compromise
national security.
Sec. 8129. Notwithstanding any other provision in this Act, the
total amount appropriated in title I of this Act is hereby reduced by
$1,838,426,000 to reflect amounts appropriated in Public Law 106-31.
This amount is to be distributed as follows:
``Military Personnel, Army'', $559,533,000;
``Military Personnel, Navy'', $436,773,000;
``Military Personnel, Marine Corps'', $177,980,000;
``Military Personnel, Air Force'', $471,892,000;
``Reserve Personnel, Army'', $40,574,000;
``Reserve Personnel, Navy'', $29,833,000;
``Reserve Personnel, Marine Corps'', $7,820,000;
``Reserve Personnel, Air Force'', $13,143,000;
``National Guard Personnel, Army'', $70,416,000; and
``National Guard Personnel, Air Force'', $30,462,000.
Sec. 8130. 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.
Sec. 8131. Of the funds made available under the heading ``Operation
and Maintenance, Air Force'', $5,000,000 shall be transferred to the
Department of Transportation to enable the Secretary of Transportation
to realign railroad track on Elmendorf Air Force Base.
Sec. 8132. <<NOTE: 10 USC 2488 note.>> None of the funds
appropriated by this Act shall be used for the support of any
nonappropriated funds activity
[[Page 113 STAT. 1267]]
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. 8133. Multi-year <<NOTE: 10 USC 2401a note.>> Aircraft Lease
Pilot Program. (a) The Secretary of the Air Force may establish a multi-
year pilot program for leasing aircraft for operational support
purposes, including transportation for the combatant Commanders in
Chief, on such terms and conditions as the Secretary may deem
appropriate, consistent with this section.
(b) Sections 2401 and 2401a of title 10, United States Code, shall
not apply to any aircraft lease authorized by this section.
(c) Under the aircraft lease Pilot Program authorized by this
section:
(1) The Secretary may include terms and conditions in lease
agreements that are customary in aircraft leases by a non-
Government lessor to a non-Government lessee.
(2) The term of any individual lease agreement into which
the Secretary enters under this section shall not exceed 10
years.
(3) The Secretary may provide for special payments to a
lessor if either the Secretary terminates or cancels the lease
prior to the expiration of its term or aircraft are damaged or
destroyed prior to the expiration of the term of the lease. Such
special payments shall not exceed an amount equal to the value
of one year's lease payment under the lease. The amount of
special payments shall be subject to negotiation between the Air
Force and lessors.
(4) Notwithstanding any other provision of law, any payments
required under a lease under this section, and any payments made
pursuant to subsection (3) above may be made from:
(A) appropriations available for the performance of
the lease at the time the lease takes effect;
(B) appropriations for the operation and maintenance
available at the time which the payment is due; and
(C) funds appropriated for those payments.
(5) The Secretary may lease aircraft, on such terms and
conditions as the Secretary may deem appropriate, consistent
with this section, through an operating lease consistent with
OMB Circular A-11.
(6) The Secretary may exchange or sell existing aircraft and
apply the exchange allowance or sale proceeds in whole or in
part toward the cost of leasing replacement aircraft under this
section.
[[Page 113 STAT. 1268]]
(7) Lease arrangements authorized by this section may not
commence until:
(A) <<NOTE: Reports.>> The Secretary submits a
report to the congressional defense committees outlining
the plans for implementing the Pilot Program. The report
shall describe the terms and conditions of proposed
contracts and the savings in operations and support
costs expected to be derived from retiring older
aircraft as compared to the expected cost of leasing
newer replacement aircraft.
(B) A period of not less than 30 calendar days has
elapsed after submitting the report.
(8) <<NOTE: Deadline.>> Not later than 1 year after the date
on which the first aircraft is delivered under this Pilot
Program, and yearly thereafter on the anniversary of the first
delivery, the Secretary shall submit a report to the
congressional defense committees describing the status of the
Pilot Program. The Report will be based on at least 6 months of
experience in operating the Pilot Program.
(9) No lease of operational support aircraft may be entered
into under this section after September 30, 2004.
(d) The authority granted to the Secretary of the Air Force by this
section is separate from and in addition to, and shall not be construed
to impair or otherwise affect, the authority of the Secretary to procure
transportation or enter into leases under a provision of law other than
this section.
(e) The authority provided under this section may be used to lease
not more than a total of six aircraft for the purposes of providing
operational support.
Sec. 8134. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act for ``Operation and Maintenance,
Air Force'' is hereby reduced by $100,000,000 to reflect supplemental
appropriations provided under Public Law 106-31 for Readiness/Munitions.
Sec. 8135. Section 8106(a) of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under
section 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113
note), is amended--
(1) by striking ``not later than June 30, 1997,''; and
(2) by striking ``$1,000,000'' and inserting ``$500,000''.
Sec. 8136. None of the funds provided for the Joint Warfighting
Experimentation Program may be obligated until the Vice Chairman of the
Joint Chiefs of Staff reports to the congressional defense committees on
the role and participation of all unified and specified commands in the
Joint Warfighting Experimentation Program.
Sec. 8137. In addition to the amounts appropriated or otherwise made
available elsewhere in this Act for the Department of Defense,
$5,000,000, to remain available until September 30, 2000 is hereby
appropriated to the Department of Defense: Provided, That the Secretary
of Defense shall make a grant in the amount of $5,000,000 to the
American Red Cross for Armed Forces Emergency Services.
Sec. 8138. The Department of the Army is directed to conduct a live
fire, side-by-side operational test of the air-to-air Starstreak and
air-to-air Stinger missiles from the AH-64D Longbow helicopter. The
operational test is to be completed utilizing funds provided for in this
Act in addition to funding provided for this purpose in the Fiscal Year
1999 Defense Appropriations Act (Public Law 105-262): Provided, That
notwithstanding any other provision of
[[Page 113 STAT. 1269]]
law, the department is to ensure that the development, procurement or
integration of any missile for use on the AH-64 or RAH-66 helicopters,
as an air-to-air missile, is subject to a full and open competition
which includes the conduct of a live-fire, side-by-side test as an
element of the source selection criteria: Provided further, That the
Undersecretary of Defense (Acquisition and Technology) will conduct an
independent review of the need, and the merits of acquiring an air-to-
air missile to provide self-protection for the AH-64 and RAH-66 from the
threat of hostile forces. <<NOTE: Reports. Deadline.>> The Secretary is
to provide his findings in a report to the congressional defense
committees, no later than March 31, 2000.
Sec. 8139. <<NOTE: Regulations.>> During the current fiscal year,
under regulations prescribed by the Secretary of Defense, the Center of
Excellence for Disaster Management and Humanitarian Assistance may also
pay, or authorize payment for, the expenses of providing or facilitating
education and training for appropriate military and civilian personnel
of foreign countries in disaster management and humanitarian assistance:
Provided, <<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. 8140. Of the funds appropriated in title II under the heading
``Operation and Maintenance, Defense-Wide'' for the Office of the
Special Assistant to the Deputy Secretary of Defense for Gulf War
Illnesses, up to $10,000,000 may be made available for carrying out the
first-year actions under the 5-year research plan outlined in the report
entitled ``Department of Defense Strategy to Address Low-Level Exposures
to Chemical Warfare Agents (CWAs)'', dated May 1999, that was submitted
to committees of the Congress pursuant to section 247(d) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 1957).
Sec. 8141. <<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.
[[Page 113 STAT. 1270]]
Sec. 8142. 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. 8143. 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 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. 8144. None of the funds in this Act shall be available to
initiate a multi-year procurement contract for the Abrams M1A2 Tank
Upgrade Program until 30 days after the Department of the Army has
submitted a report to the Congress detailing its efforts to reduce the
costs of the tank upgrade program, to include the effects and potential
savings that would result from any alternate fixed price or fixed
quantity option contracts.
Sec. 8145. The multi-year authority for the C-17 granted in this Act
shall become effective once the Secretary of the Air Force certifies to
the congressional defense committees that the average unit flyaway price
of C-17 aircraft P121 through P180 purchased under a multi-year contract
will be at least 25 percent below the average unit flyaway price of the
C-17 under the current 80 aircraft multi-year procurement program, with
both prices calculated in fiscal year 1999 dollars.
(including transfer of funds)
Sec. 8146. (a) In addition to amounts appropriated elsewhere in this
Act, $1,000,000,000 is hereby appropriated for the F-22 program:
Provided, That these funds shall only be available for transfer to the
appropriate F-22 program R-1 and P-1 line items of titles IV and III of
this Act for the purposes of F-22 program research, development, test
and evaluation, and advance procurement: Provided further, That of this
amount, not more than $277,100,000 may be transferred to the ``Aircraft
Procurement, Air Force'' account only for advance procurement of F-22
aircraft: Provided further, That any funds transferred for F-22 advance
procurement shall not be available for obligation until the Secretary of
Defense certifies to the congressional defense committees that all 1999
Defense Acquisition Board exit criteria have been met: Provided further,
That the transfer authority provided in this section is in addition to
any other transfer authority contained elsewhere in this Act.
(b) Notwithstanding any other provision of law, the Secretary of
Defense may use funds provided under this section and transferred to
titles IV and III of this Act to continue acquisition of F-22 test
aircraft for which procurement funding has been previously provided.
(c) The Secretary of the Air Force shall adjust the amounts of the
limitations set forth in subsections (a) and (b) of section 217, Public
Law 105-85 accordingly, and may modify any F-22 contracts to implement
the requirements of this section.
[[Page 113 STAT. 1271]]
(d) Funds appropriated in this Act or any other prior Act for
``Research, Development, Test and Evaluation, Air Force'' and ``Aircraft
Procurement, Air Force'' may not be used for acquisition of more than a
total of 17 flight-capable test vehicles for the F-22 aircraft program.
(e) The Secretary of the Air Force may not 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) upon completion of the requirements under (e)(1) and
(e)(2) 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.
(f ) 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.
(including transfer of funds)
Sec. 8147. (a) In addition to the amounts appropriated elsewhere in
this Act, $300,000,000 is hereby appropriated for F-22 program
termination liability or for other F-22 program contractual requirements
in lieu of termination liability obligations: Provided, That these funds
shall only be available for transfer to the appropriate F-22 program R-1
and P-1 line items of titles IV and III of this Act for the purposes
specified in this section: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
contained elsewhere in this Act: Provided further, That these funds
shall not be available for expenditure until October 1, 2000.
(b) 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.
Sec. 8148. In addition to the amounts provided elsewhere in this
Act, the amount of $5,500,000 is hereby appropriated for ``Operation and
Maintenance, Defense-Wide'', to be available, notwithstanding any other
provision of law, only for a grant to the High Desert Partnership in
Academic Excellence Foundation, Inc., for 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. 8149. None of the funds appropriated in this Act may be used
for the payment of a fine or penalty that is imposed against the
Department of Defense or a military department arising from an
environmental violation at a military installation or facility unless
the payment of the fine or penalty has been specifically authorized by
law. For purposes of this section, expenditure of funds to carry out a
supplemental environmental project that is
[[Page 113 STAT. 1272]]
required to be carried out as part of such a penalty shall be considered
to be a payment of the penalty.
Sec. 8150. Section 8145 of the Department of Defense Appropriations
Act, 1999 (Public Law 105-262; 112 Stat. 2340), is amended by inserting
before the period at the end the following: ``, and for such additional
environmental restoration activities at such former base as may be
accomplished within such total amount''.
Sec. 8151. 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. 8152. Funds appropriated by the paragraph under the heading
``MILITARY CONSTRUCTION TRANSFER FUND'' in the 1999 Emergency
Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 85) may be
transferred to military construction accounts, as authorized by that
paragraph, and shall be merged with and shall be available for the same
purposes and for the same time period as the account to which
transferred.
Sec. 8153. Section 127 of the Military Construction Appropriations
Act, 1995 (Public Law 103-307; 108 Stat. 1666) is amended--
(1) in subsection (B)(1), by striking ``an amount'' and all
that follows and inserting ``$3,400,000.''; and
(2) by adding at the end the following:
``(i) Completion of Conveyance by End of Fiscal Year 2000.--
The <<NOTE: Deadline.>> Secretary shall endeavor to complete any
conveyance under this section not later than September 30, 2000.''.
Sec. 8154. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Operation and Maintenance,
Army'' shall be available for expenses associated with characterization
and remediation activities at the Massachusetts Military Reservation,
Cape Cod, Massachusetts, resulting from environmental problems
pertaining to use of Camp Edwards as a training range and impact area
and any administrative orders issued by the United States Environmental
Protection Agency to address those problems.
Sec. 8155. (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 request of Indian
tribes for housing units under subsection (a) before
[[Page 113 STAT. 1273]]
submitting requests to the Secretary of the Air Force under paragraph
(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 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. 8156. Of the amounts appropriated in the Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'',
$45,000,000 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. 8157. The Secretary of Defense shall fully identify and
determine the validity of healthcare contract additional liabilities,
requests for equitable adjustment, and claims for unanticipated
healthcare 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, including fiscal year 2000
supplemental appropriation requests if appropriate: Provided
further, <<NOTE: Deadline. Reports.>> That not later than December 1,
1999, the Secretary of Defense shall submit a report to the
congressional defense committees on the scope and extent of healthcare
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. 8158. Of the funds appropriated in title II of this Act under
the heading ``Operation and Maintenance, Defense-Wide'', $8,000,000
shall be available only for a community retraining, reinvestment, and
manufacturing initiative to be conducted by an academic consortia with
existing programs in manufacturing and retraining:
Provided, <<NOTE: Deadline.>> That the $8,000,000 made available in this
section shall be obligated by grant not later than 15 days after the
enactment of this Act.
Sec. 8159. <<NOTE: Deadline.>> (a) Report Required.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a report on
the management of the chemical weapons demilitarization program.
(b) Report Elements.--The report under subsection (a) shall include
the following:
(1) A description and assessment of the current management
structure of the chemical weapons demilitarization program,
including the management of the assembled chemical weapons
assessment (ACWA) program.
(2) An assessment of the feasibility and advisability for
the management of the chemical weapons demilitarization program
of the assignment of a panel for oversight of the management of
program, which panel would--
(A) consist of officials of the Department of
Defense and of other departments and agencies of the
Federal Government having an interest in the safe and
timely demilitarization of chemical weapons; and
(B) prepare annual reports on the schedule, cost,
and effectiveness of the program.
[[Page 113 STAT. 1274]]
(3) Any other matters relating to the management of the
chemical weapons demilitarization program, including the
improvement of the management of the program, that the
Secretary considers appropriate.
Sec. 8160. Notwithstanding any other provision of law, all military
construction projects for which funds were appropriated in Public Law
106-52 are hereby authorized.
Sec. 8161. The Secretary of Defense may treat the opening of the
National D-Day Museum in New Orleans, Louisiana, as an official event of
the Department of Defense for the purposes of the provision of support
for ceremonies and activities related to that opening.
Sec. <<NOTE: 16 USC 431 note.>> 8162. Dwight D. Eisenhower Memorial.
(a) Findings.--Congress finds that--
(1) the people of the United States feel a deep debt of
gratitude to Dwight D. Eisenhower, who served as Supreme
Commander of the Allied Forces in Europe in World War II and
subsequently as 34th President of the United States; and
(2) an appropriate permanent memorial to Dwight D.
Eisenhower should be created to perpetuate his memory and his
contributions to the United States.
(b) Commission.--There <<NOTE: Establishment.>> is established a
commission to be known as the ``Dwight D. Eisenhower Memorial
Commission'' (referred to in this section as the ``Commission'').
(c) Membership.--The Commission shall be composed of--
(1) four persons appointed by the President, not more than
two of whom may be members of the same political party;
(2) four Members of the Senate appointed by the President
Pro Tempore of the Senate in consultation with the Majority
Leader and Minority Leader of the Senate, of which not more than
two appointees may be members of the same political party; and
(3) four Members of the House of Representatives appointed
by the Speaker of the House of Representatives in consultation
with the Majority Leader and Minority Leader of the House of
Representatives, of which not more than two appointees may be
members of the same political party.
(d) Chair and Vice Chair.--The members of the Commission shall
select a Chair and Vice Chair of the Commission. The Chair and Vice
Chair shall not be members of the same political party.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers if a quorum is present, but shall be filled in the same manner as
the original appointment.
(f ) Meetings.--
(1) Initial <<NOTE: Deadline.>> meeting.--Not later than 45
days after the date on which a majority of the members of the
Commission have been appointed, the Commission shall hold its
first meeting.
(2) Subsequent meetings.--The Commission shall meet at the
call of the Chair.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum but a lesser number of members may hold hearings.
(h) No Compensation.--A member of the Commission shall serve without
compensation, but may be reimbursed for expenses incurred in carrying
out the duties of the Commission.
[[Page 113 STAT. 1275]]
(i) Duties.--The Commission shall consider and formulate plans for
such a permanent memorial to Dwight D. Eisenhower, including its nature,
design, construction, and location.
( j) Powers.--The Commission may--
(1) make such expenditures for services and materials for
the purpose of carrying out this section as the Commission
considers advisable from funds appropriated or received as gifts
for that purpose;
(2) accept gifts to be used in carrying out this section or
to be used in connection with the construction or other expenses
of the memorial; and
(3) hold hearings, enter into contracts for personal
services and otherwise, and do such other things as are
necessary to carry out this section.
(k) Reports.--The Commission shall--
(1) report the plans under subsection (i), together with
recommendations, to the President and the Congress at the
earliest practicable date; and
(2) in the interim, make annual reports on its progress to
the President and the Congress.
(l) Applicability of Other Laws.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(m) Appropriation of Funds.--In addition to amounts
provided elsewhere in this Act, there is appropriated to the Commission
$300,000, to remain available until expended.
Sec. 8163. (a) The Secretary of the Air Force may accept
contributions from the State of New York for the project at Rome
Research Site, Rome, New York authorized in section 2301(a) of the
National Defense Authorization Act for Fiscal Year 2000, for purposes of
carrying out military construction relating to the consolidation of Air
Force Research Laboratory facilities at the Rome Research Site, Rome,
New York. Any contributions received from the State of New York shall be
in addition to the funds authorized for the project in section
2304(a)(1) of the National Defense Authorization Act for Fiscal Year
2000.
(b) The item for ``New York, Rome Research Site'', in the table in
section 2301(a) of the National Defense Authorization Act for Fiscal
Year 2000 <<NOTE: Ante, p. 832.>> is amended by striking ``12,800,000''
and inserting ``25,800,000''.
Sec. 8164. Chapter 1 of title I of division B of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public
Law 105-277; 112 Stat. 2681-553) is amended in the paragraph under the
heading ``Operation and Maintenance, Defense-Wide'' by inserting before
the period at the end the following: ``: Provided further, That an
amount not to exceed $75,000,000 of the funds provided under this
heading shall remain available without fiscal year limitation after
transfer from this account: Provided further, That, notwithstanding any
other provision of law, the Secretary of Defense is authorized to
transfer the funds referred to in the immediately preceding proviso to
other activities of the Federal Government pursuant to section 1535 of
title 31, United States Code (referred to as the `Economy Act')''.
Sec. 8165. Review of Low Density, High Demand Assets. (a) Report to
Congressional Defense Committees.--The Secretary of Defense shall submit
to the congressional defense committees a report assessing the
requirements, plans, and resources needed to maintain, update,
modernize, restore, and expand the
[[Page 113 STAT. 1276]]
Department of Defense fleet of specialized aircraft and related
equipment commonly described as ``Low Density, High Demand
Assets''. <<NOTE: Deadline.>> The report shall be submitted no later
than May 15, 2000 and shall be submitted in both classified and
unclassified versions.
(b) Assets to be Covered.--The report shall cover the following
aircraft and equipment:
(1) Electronic warfare aircraft and specialized jamming
equipment.
(2) Intelligence, surveillance, and reconnaissance (ISR)
platforms and major systems, including--
(A) U-2 aircraft;
(B) AWACS aircraft;
(C) JSTARS aircraft;
(D) RIVET JOINT aircraft;
(E) tactical unmanned aerial vehicles (UAVs);
(F) interoperable/secure communications;
(G) command and control systems;
(H) new data links; and
(I) data fusion capability.
(3) Strategic and tactical airlift aircraft.
(4) Aerial refueling aircraft.
(5) Strategic bomber aircraft.
(c) Report Elements.--The report shall include for each asset
specified in subsection (b) the following:
(1) A description of--
(A) inventory, age, capabilities, current
deficiencies, usage rates, current and remaining service
life, and expected rates of fatigue;
(B) ability to provide logistical support;
(C) planned replacement dates; and
(D) number of sorties, percentage of inventory used,
and overall effectiveness in Operation Desert Fox and in
Operation Allied Force.
(2) A comparison of the Department's plans and resource
requirements to update, replace, modernize, or restore the asset
as contained in the Future Years Defense Plan for fiscal year
2000 with those plans and resource requirements for that asset
as contained in the Future Years Defense Plan for fiscal year
2001, and an explanation for any significant difference in those
plans and requirements.
(3) A detailed listing, by fiscal year, of--
(A) the total amount required to fulfill mission
needs statements and documented inventory objectives for
the asset in order to improve critical warfighting
capabilities over the next 10 years; and
(B) of that total amount for each such year, the
portion (stated as an amount and as a percentage) that
is not included in the fiscal year 2001 Future Years
Defense Plan.
Sec. 8166. Of the funds appropriated in title II of this Act under
the heading ``Operation and Maintenance, Army'', $5,000,000 shall be
available only for a grant to the Chicago Public Schools for conversion
and expansion of the former Eighth Regiment National Guard Armory
(Bronzeville).
Sec. 8167. Notwithstanding any other provision of law, $10,000,000,
is hereby appropriated and authorized for ``Military
[[Page 113 STAT. 1277]]
Construction, Army National Guard'', to remain available until September
30, 2004, for construction, and, contributions therefor, of an Army
Aviation Support Facility at West Bend, Wisconsin.
Sec. 8168. (a) Purpose.--The purpose of this section is to evaluate
and demonstrate methods for more efficient operation of military
installations through improved capital asset management and greater
reliance on the public or private sector for less-costly base support
services, where available.
(b) Authority.--(1) The Secretary of the Air Force may carry out at
Brooks Air Force Base, Texas, a demonstration project to be known as the
``Base Efficiency Project'' to improve mission effectiveness and reduce
the cost of providing quality installation support at Brooks Air Force
Base.
(2) The Secretary may carry out the Project in consultation with the
Community to the extent the Secretary determines such consultation is
necessary and appropriate.
(3) The authority provided in this section is in addition to any
other authority vested in or delegated to the Secretary, and the
Secretary may exercise any authority or combination of authorities
provided under this section or elsewhere to carry out the purposes of
the Project.
(c) Efficient Practices.--(1) The Secretary may convert services at
or for the benefit of the Base from accomplishment by military personnel
or by Department civilian employees (appropriated fund or non-
appropriated fund), to services performed by contract or provided as
consideration for the lease, sale, or other conveyance or transfer of
property.
(2) Notwithstanding section 2462 of title 10, United States Code, a
contract for services may be awarded based on ``best value'' if the
Secretary determines that the award will advance the purposes of a joint
activity conducted under the Project and is in the best interest of the
Department.
(3) Notwithstanding that such services are generally funded by local
and State taxes and provided without specific charge to the public at
large, the Secretary may contract for public services at or for the
benefit of the Base in exchange for such consideration, if any, the
Secretary determines to be appropriate.
(4)(A) The Secretary may conduct joint activities with the
Community, the State, and any private parties or entities on or for the
benefit of the Base.
(B) Payments or reimbursements received from participants for their
share of direct and indirect costs of joint activities, including the
costs of providing, operating, and maintaining facilities, shall be in
an amount and type determined to be adequate and appropriate by the
Secretary.
(C) Such payments or reimbursements received by the Department shall
be deposited into the Project Fund.
(d) Lease Authority.--(1) The Secretary may lease real or personal
property located on the Base and not required at other Air Force
installations to any lessee upon such terms and conditions as the
Secretary considers appropriate and in the interest of the United
States, if the Secretary determines that the lease would facilitate the
purposes of the Project.
(2) Consideration for a lease under this subsection shall be
determined in accordance with subsection (g).
(3) A lease under this subsection--
[[Page 113 STAT. 1278]]
(A) may be for such period as the Secretary determines is
necessary to accomplish the goals of the Project; and
(B) may give the lessee the first right to purchase the
property at fair market value if the lease is terminated to
allow the United States to sell the property under any other
provision of law.
(4)(A) The interest of a lessee of property leased under this
subsection may be taxed by the State or the Community.
(B) A lease under this subsection shall provide that, if and to the
extent that the leased property is later made taxable by State
governments or local governments under Federal law, the lease shall be
renegotiated.
(5) The Department may furnish a lessee with utilities, custodial
services, and other base operation, maintenance, or support services
performed by Department civilian or contract employees, in exchange for
such consideration, payment, or reimbursement as the Secretary
determines appropriate.
(6) All amounts received from leases under this subsection shall be
deposited into the Project Fund.
(7) A lease under this subsection shall not be subject to the
following provisions of law:
(A) Section 2667 of title 10, United States Code, other than
subsection (b)(1) of that section.
(B) Section 321 of the Act of June 30, 1932 (40 U.S.C.
303b).
(C) The Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
(e) Property Disposal.--(1) The Secretary may sell or otherwise
convey or transfer real and personal property located at the Base to the
Community or to another public or private party during the Project, upon
such terms and conditions as the Secretary considers appropriate for
purposes of the Project.
(2) Consideration for a sale or other conveyance or transfer of
property under this subsection shall be determined in accordance with
subsection (g).
(3) The sale or other conveyance or transfer of property under this
subsection shall not be subject to the following provisions of law:
(A) Section 2693 of title 10, United States Code.
(B) The Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
(4) Cash payments received as consideration for the sale or other
conveyance or transfer of property under this subsection shall be
deposited into the Project Fund.
(f ) Leaseback of Property Leased or Disposed.--(1) The Secretary
may lease, sell, or otherwise convey or transfer real property at the
Base under subsections (b) and (e), as applicable, which will be
retained for use by the Department or by another military department or
other Federal agency, if the lessee, purchaser, or other grantee or
transferee of the property agrees to enter into a leaseback to the
Department in connection with the lease, sale, or other conveyance or
transfer of one or more portions or all of the property leased, sold, or
otherwise conveyed or transferred, as applicable.
(2) A leaseback of real property under this subsection shall be an
operating lease for no more than 20 years unless the Secretary of the
Air Force determines that a longer term is appropriate.
[[Page 113 STAT. 1279]]
(3)(A) Consideration, if any, for real property leased under a
leaseback entered into under this subsection shall be in such form and
amount as the Secretary considers appropriate.
(B) The Secretary may use funds in the Project Fund or other funds
appropriated or otherwise available to the Department for use at the
Base for payment of any such cash rent.
(4) Notwithstanding any other provision of law, the Department or
other military department or other Federal agency using the real
property leased under a leaseback entered into under this subsection may
construct and erect facilities on or otherwise improve the leased
property using funds appropriated or otherwise available to the
Department or other military department or other Federal agency for such
purpose.
(g) Consideration.--(1) The Secretary shall determine the nature,
value, and adequacy of consideration required or offered in exchange for
a lease, sale, or other conveyance or transfer of real or personal
property or for other actions taken under the Project.
(2) Consideration may be in cash or in-kind or any combination
thereof. In-kind consideration may include the following:
(A) Real property.
(B) Personal property.
(C) Goods or services, including operation, maintenance,
protection, repair, or restoration (including environmental
restoration) of any property or facilities (including non-
appropriated fund facilities).
(D) Base operating support services.
(E) Improvement of Department facilities.
(F) Provision of facilities, including office, storage, or
other usable space, for use by the Department on or off the
Base.
(G) Public services.
(3) Consideration may not be for less than the fair market value.
(h) Project Fund.--(1) There is established on the books of the
Treasury a fund to be known as the ``Base Efficiency Project Fund'' into
which all cash rents, proceeds, payments, reimbursements, and other
amounts from leases, sales, or other conveyances or transfers, joint
activities, and all other actions taken under the Project shall be
deposited. All amounts deposited into the Project Fund are without
fiscal year limitation.
(2) Amounts in the Project Fund may be used only for operation, base
operating support services, maintenance, repair, or improvement of
Department facilities, payment of consideration for acquisitions of
interests in real property (including payment of rentals for
leasebacks), and environmental protection or restoration, in addition to
or in combination with other amounts appropriated for these purposes.
(3) Subject to generally prescribed financial management
regulations, the Secretary shall establish the structure of the Project
Fund and such administrative policies and procedures as the Secretary
considers necessary to account for and control deposits into and
disbursements from the Project Fund effectively.
(4) All amounts in the Project Fund shall be available for use for
the purposes authorized in paragraph (2) at the Base.
(i) Federal Agencies.--(1)(A) Any Federal agency, its contractors,
or its grantees shall pay rent, in cash or services, for the
[[Page 113 STAT. 1280]]
use of facilities or property at the Base, in an amount and type
determined to be adequate by the Secretary.
(B) Such rent shall generally be the fair market rental of the
property provided, but in any case shall be sufficient to compensate the
Base for the direct and overhead costs incurred by the Base due to the
presence of the tenant agency on the Base.
(2) Transfers of real or personal property at the Base to other
Federal agencies shall be at fair market value consideration. Such
consideration may be paid in cash, by appropriation transfer, or in
property, goods, or services.
(3) Amounts received from other Federal agencies, their contractors,
or grantees, including any amounts paid by appropriation transfer, shall
be deposited in the Project Fund.
( j) Reports to Congress.--(1) Section 2662 of title 10, United
States Code, shall not apply to transactions at the Base during the
Project.
(2)(A) <<NOTE: Deadline. Reports.>> Not later than March 1 each
year, the Secretary shall submit to the appropriate committees of the
Congress a report on any transactions at the Base during the preceding
fiscal year that would be subject to such section 2662.
(B) The report shall include a detailed cost analysis of the
financial savings and gains realized through joint activities and other
actions under the Project authorized by this section and a description
of the status of the Project.
(k) Limitation.--None of the authorities in this section shall
create any legal rights in any person or entity except rights embodied
in leases, deeds, or contracts.
(l) Expiration of Authority.--The authority to enter into a lease,
deed, permit, license, contract, or other agreement under this section
shall expire on September 30, 2004.
(m) Definitions.--In this section:
(1) The term ``Project'' means the Base Efficiency Project
authorized by this section.
(2) The term ``Base'' means Brooks Air Force Base, Texas.
(3) The term ``Community'' means the City of San Antonio,
Texas.
(4) The term ``Department'' means the Department of the Air
Force.
(5) The term ``facility'' means a building, structure, or
other improvement to real property (except a military family
housing unit as that term is used in subchapter IV of chapter
169 of title 10, United States Code).
(6) The term ``joint activity'' means an activity conducted
on or for the benefit of the Base by the Department, jointly
with the Community, the State, or any private entity, or any
combination thereof.
(7) The term ``Project Fund'' means the Base Efficiency
Project Fund established by subsection (h).
(8) The term ``public services'' means public services
(except public schools, fire protection, and police protection)
that are funded by local and State taxes and provided without
specific charge to the public at large.
(9) The term ``Secretary'' means the Secretary of the Air
Force or the Secretary's designee, who shall be a civilian
official of the Department appointed by the President with the
advice and consent of the Senate.
(10) The term ``State'' means the State of Texas.
[[Page 113 STAT. 1281]]
(n) The authorities provided in this section shall not take effect
until June 15, 2000.
Sec. 8169. Notwithstanding any other provision of this Act, the
total amount appropriated in this Act is hereby reduced by $400,000,000,
to be distributed as follows:
``Operation and Maintenance, Army'', $115,000,000;
``Operation and Maintenance, Navy'', $150,000,000;
``Operation and Maintenance, Marine Corps'', $20,000,000;
and
``Operation and Maintenance, Air Force'', $115,000,000:
Provided, That of the unobligated amounts made available in section 2008
of title II, chapter 3 of Public Law 106-31, $400,000,000 shall be made
available only for depot level maintenance and repair, as follows:
``Operation and Maintenance, Army'', $115,000,000;
``Operation and Maintenance, Navy'', $150,000,000;
``Operation and Maintenance, Marine Corps'', $20,000,000;
and
``Operation and Maintenance, Air Force'', $115,000,000.
Sec. 8170. Notwithstanding any other provision of this Act, the
total amount appropriated in this Act is hereby reduced by $550,000,000,
to be distributed as follows:
``Operation and Maintenance, Army'', $170,000,000;
``Operation and Maintenance, Navy'', $170,000,000;
``Operation and Maintenance, Marine Corps'', $40,000,000;
and
``Operation and Maintenance, Air Force'', $170,000,000:
Provided, That of the unobligated amounts made available in section 2007
of title II, chapter 3 of Public Law 106-31, $550,000,000 shall be made
available only for spare and repair parts and associated logistical
support necessary for the maintenance of weapons systems and equipment,
as follows:
``Operation and Maintenance, Army'', $170,000,000;
``Operation and Maintenance, Navy'', $170,000,000;
``Operation and Maintenance, Marine Corps'', $40,000,000;
and
``Operation and Maintenance, Air Force'', $170,000,000.
Sec. 8171. Notwithstanding any other provision of this Act, the
total amount appropriated in this Act is hereby reduced by $100,000,000,
to be distributed as follows:
``Operation and Maintenance, Army'', $60,000,000;
``Operation and Maintenance, Navy'', $20,000,000; and
``Operation and Maintenance, Air Force'', $20,000,000:
Provided, That of the unobligated amounts made available in section 2011
of title II, chapter 3 of Public Law 106-31, $100,000,000 shall be made
available only for base operations support costs at Department of
Defense facilities, as follows:
``Operation and Maintenance, Army'', $60,000,000;
``Operation and Maintenance, Navy'', $20,000,000; and
``Operation and Maintenance, Air Force'', $20,000,000.
Sec. 8172. Notwithstanding any other provision of this Act, the
total amount appropriated in this Act is hereby reduced by $356,400,000,
to be distributed as follows:
``Weapons Procurement, Navy'', $50,900,000;
``Procurement of Ammunition, Navy and Marine Corps'',
$113,500,000;
``Aircraft Procurement, Air Force'', $20,800,000; and
[[Page 113 STAT. 1282]]
``Procurement of Ammunition, Air Force'', $171,200,000:
Provided, That the Secretary of Defense shall allocate these reductions
to reflect savings available as a result of the increased procurement of
munitions resulting from funds made available in title II, chapter 3 of
Public Law 106-31.
Sec. 8173. (a) Notwithstanding any other provision of this Act,
amounts otherwise provided by this Act in title II for the following
accounts and activities are reduced by the following amounts:
``Operation and Maintenance, Army'', $1,572,947,000;
``Operation and Maintenance, Navy'', $1,874,598,000;
``Operation and Maintenance, Marine Corps'', $228,709,000;
``Operation and Maintenance, Air Force'', $1,707,150,000;
``Operation and Maintenance, Defense-Wide'', $939,341,000;
``Operation and Maintenance, Army Reserve'', $120,072,000;
``Operation and Maintenance, Navy Reserve'', $77,598,000;
``Operation and Maintenance, Marine Corps Reserve'',
$11,346,000;
``Operation and Maintenance, Air Force Reserve'',
$145,393,000;
``Operation and Maintenance, Army National Guard'',
$258,115,000;
``Operation and Maintenance, Air National Guard'',
$264,731,000;
in all: $7,200,000,000.
(b) In addition to amounts appropriated elsewhere in this Act there
are hereby appropriated the following amounts for the following
accounts:
``Operation and Maintenance, Army'', $1,572,947,000;
``Operation and Maintenance, Navy'', $1,874,598,000;
``Operation and Maintenance, Marine Corps'', $228,709,000;
``Operation and Maintenance, Air Force'', $1,707,150,000;
``Operation and Maintenance, Defense-Wide'', $939,341,000;
``Operation and Maintenance, Army Reserve'', $120,072,000;
``Operation and Maintenance, Navy Reserve'', $77,598,000;
``Operation and Maintenance, Marine Corps Reserve'',
$11,346,000;
``Operation and Maintenance, Air Force Reserve'',
$145,393,000;
``Operation and Maintenance, Army National Guard'',
$258,115,000;
``Operation and Maintenance, Air National Guard'',
$264,731,000;
in all; $7,200,000,000:
Provided, That the entire amount shall be available only to the extent
an official budget request for $7,200,000,000, that 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, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of such
Act.
Sec. 8174. None of the funds appropriated or otherwise made
available in this Act may be used for the American Heritage Rivers
Initiative.
[[Page 113 STAT. 1283]]
Sec. 8175. Notwithstanding any other provision of law, the
Department of Defense shall make progress payments based on progress no
less than 12 days after receiving a valid billing and the Department of
Defense shall make progress payments based on cost no less than 19 days
after receiving a valid billing.
Sec. 8176. Notwithstanding any other provision of law, the
Department of Defense shall make adjustments in payment procedures and
policies to ensure that payments are made no less than 29 days after
receipt of a proper invoice.
TITLE IX
WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN
Sec. 9001. <<NOTE: 22 USC 2799aa-1 note.>> (a) Waiver Authority.--
Except as provided in subsections (b) and (c) of this section, the
President may waive, with respect to India and Pakistan, the application
of any sanction contained in section 101 or 102 of the Arms Export
Control Act (22 U.S.C. 2799aa or 22 U.S.C. 2799aa-1), section 2(b)(4) of
the Export Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section
620E(e) of the Foreign Assistance Act of 1961, as amended, (22 U.S.C.
2375(e)).
(b) Exception.--The authority to waive the application of a sanction
or prohibition (or portion thereof ) under subsection (a) shall not
apply with respect to a sanction or prohibition contained in
subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export
Control Act, unless the President determines, and so certifies to the
Congress, that the application of the restriction would not be in the
national security interests of the United States.
(c) Termination of Waiver.--The President may not exercise the
authority of subsection (a), and any waiver previously issued under
subsection (a) shall cease to apply, with respect to India or Pakistan,
if that country detonates a nuclear explosive device after the date of
the enactment of this Act or otherwise takes such action which would
cause the President to report pursuant to section 102(b)(1) of the Arms
Export Control Act.
(d) Targeted Sanctions.--
(1) Sense of the congress.--
(A) it is the sense of the Congress that the broad
application of export controls to nearly 300 Indian and
Pakistani entities is inconsistent with the specific
national security interests of the United States and
that this control list requires refinement; and
(B) export controls should be applied only to those
Indian and Pakistani entities that make direct and
material contributions to weapons of mass destruction
and missile programs and only to those items that can
contribute to such programs.
(2) Reporting <<NOTE: Deadline.>> requirement.--Not later
than 60 days after the date of the enactment of this Act, the
President shall submit both a classified and unclassified report
to the appropriate congressional committees listing those Indian
and Pakistani entities whose activities contribute to missile
programs or weapons of mass destruction programs.
(e) Congressional Notification.--The issuance of a license for
export of a defense article, defense service, or technology under
[[Page 113 STAT. 1284]]
the authority of this section shall be subject to the same requirements
as are applicable to the export of items described in section 36(c) of
the Arms Export Control Act (22 U.S.C. 2776(c)), including the
transmittal of information and the application of congressional review
procedures.
(f ) Repeal.--The India-Pakistan Relief Act (title IX of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, as contained in section
101(a) of Public Law 105-277) <<NOTE: 22 USC 2799aa-1 note.>> is
repealed effective October 21, 1999.
This Act may be cited as the ``Department of Defense Appropriations
Act, 2000''.
Approved October 25, 1999.
LEGISLATIVE HISTORY--H.R. 2561 (S. 1122):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 106-244 (Comm. on Appropriations) and 106-371
(Comm. of Conference).
SENATE REPORTS: No. 106-53 accompanying S. 1122 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 145 (1999):
July 22, considered and passed House.
July 28, considered and passed Senate, amended, in lieu of
S. 1122.
Oct. 13, House agreed to conference report.
Oct. 14, Senate agreed to conference report.
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