II

Calendar No. 122

106TH CONGRESS

1ST SESSION S. 1122

[Report No. 106–53]

Making appropriations for the Department of Defense for the fiscal year

ending September 30, 2000, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 25, 1999

Mr. STEVENS, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for the Department of Defense for

the fiscal year ending September 30, 2000, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 2000, for military func6 tions administered by the Department of Defense, and for

7 other purposes, namely:
2

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1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence,

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel

8 between permanent duty stations, for members of the

9 Army on active duty (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation ca11 dets; and for payments pursuant to section 156 of Public

12 Law 97–377, as amended (42 U.S.C. 402 note), to sec13 tion 229(b) of the Social Security Act (42 U.S.C.

14 429(b)), and to the Department of Defense Military Re15 tirement Fund; $22,041,094,000.

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence,

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel

21 between permanent duty stations, for members of the

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets;

24 and for payments pursuant to section 156 of Public Law

25 97–377, as amended (42 U.S.C. 402 note), to section
3

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1 229(b) of the Social Security Act (42 U.S.C. 429(b)),

2 and to the Department of Defense Military Retirement

3 Fund; $17,236,001,000.

4 MILITARY PERSONNEL, MARINE CORPS

5 For pay, allowances, individual clothing, subsistence,

6 interest on deposits, gratuities, permanent change of sta7 tion travel (including all expenses thereof for organiza8 tional movements), and expenses of temporary duty travel

9 between permanent duty stations, for members of the

10 Marine Corps on active duty (except members of the Re11 serve provided for elsewhere); and for payments pursuant

12 to section 156 of Public Law 97–377, as amended (42

13 U.S.C. 402 note), to section 229(b) of the Social Security

14 Act (42 U.S.C. 429(b)), and to the Department of De15 fense Military Retirement Fund; $6,562,336,000.

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, subsistence,

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel

21 between permanent duty stations, for members of the Air

22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation ca24 dets; and for payments pursuant to section 156 of Public

25 Law 97–377, as amended (42 U.S.C. 402 note), to sec-
4

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1 tion 229(b) of the Social Security Act (42 U.S.C.

2 429(b)), and to the Department of Defense Military Re3 tirement Fund; $17,873,759,000.

4 RESERVE PERSONNEL, ARMY

5 For pay, allowances, clothing, subsistence, gratuities,

6 travel, and related expenses for personnel of the Army

7 Reserve on active duty under sections 10211, 10302, and

8 3038 of title 10, United States Code, or while serving on

9 active duty under section 12301(d) of title 10, United

10 States Code, in connection with performing duty specified

11 in section 12310(a) of title 10, United States Code, or

12 while undergoing reserve training, or while performing

13 drills or equivalent duty or other duty, and for members

14 of the Reserve Officers’ Training Corps, and expenses au15 thorized by section 16131 of title 10, United States Code;

16 and for payments to the Department of Defense Military

17 Retirement Fund; $2,278,696,000.

18 RESERVE PERSONNEL, NAVY

19 For pay, allowances, clothing, subsistence, gratuities,

20 travel, and related expenses for personnel of the Navy

21 Reserve on active duty under section 10211 of title 10,

22 United States Code, or while serving on active duty

23 under section 12301(d) of title 10, United States Code,

24 in connection with performing duty specified in section

25 12310(a) of title 10, United States Code, or while under-
5

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1 going reserve training, or while performing drills or

2 equivalent duty, and for members of the Reserve Officers’

3 Training Corps, and expenses authorized by section

4 16131 of title 10, United States Code; and for payments

5 to the Department of Defense Military Retirement Fund;

6 $1,450,788,000.

7 RESERVE PERSONNEL, MARINE CORPS

8 For pay, allowances, clothing, subsistence, gratuities,

9 travel, and related expenses for personnel of the Marine

10 Corps Reserve on active duty under section 10211 of title

11 10, United States Code, or while serving on active duty

12 under section 12301(d) of title 10, United States Code,

13 in connection with performing duty specified in section

14 12310(a) of title 10, United States Code, or while under15 going reserve training, or while performing drills or

16 equivalent duty, and for members of the Marine Corps

17 platoon leaders class, and expenses authorized by section

18 16131 of title 10, United States Code; and for payments

19 to the Department of Defense Military Retirement Fund;

20 $410,650,000.

21 RESERVE PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities,

23 travel, and related expenses for personnel of the Air

24 Force Reserve on active duty under sections 10211,

25 10305, and 8038 of title 10, United States Code, or
6

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1 while serving on active duty under section 12301(d) of

2 title 10, United States Code, in connection with per3 forming duty specified in section 12310(a) of title 10,

4 United States Code, or while undergoing reserve training,

5 or while performing drills or equivalent duty or other

6 duty, and for members of the Air Reserve Officers’

7 Training Corps, and expenses authorized by section

8 16131 of title 10, United States Code; and for payments

9 to the Department of Defense Military Retirement Fund;

10 $884,794,000.

11 NATIONAL GUARD PERSONNEL, ARMY

12 For pay, allowances, clothing, subsistence, gratuities,

13 travel, and related expenses for personnel of the Army

14 National Guard while on duty under section 10211,

15 10302, or 12402 of title 10 or section 708 of title 32,

16 United States Code, or while serving on duty under sec17 tion 12301(d) of title 10 or section 502(f) of title 32,

18 United States Code, in connection with performing duty

19 specified in section 12310(a) of title 10, United States

20 Code, or while undergoing training, or while performing

21 drills or equivalent duty or other duty, and expenses au22 thorized by section 16131 of title 10, United States Code;

23 and for payments to the Department of Defense Military

24 Retirement Fund; $3,622,479,000.
7

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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For pay, allowances, clothing, subsistence, gratuities,

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 10211, 10305, or

5 12402 of title 10 or section 708 of title 32, United States

6 Code, or while serving on duty under section 12301(d) of

7 title 10 or section 502(f) of title 32, United States Code,

8 in connection with performing duty specified in section

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent

11 duty or other duty, and expenses authorized by section

12 16131 of title 10, United States Code; and for payments

13 to the Department of Defense Military Retirement Fund;

14 $1,494,496,000.

15 TITLE II

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance of the Army, as au21 thorized by law; and not to exceed $10,624,000 can be

22 used for emergencies and extraordinary expenses, to be

23 expended on the approval or authority of the Secretary

24 of the Army, and payments may be made on his certifi25 cate of necessity for confidential military purposes;
8

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1 $19,161,852,000 and, in addition, $50,000,000 shall be

2 derived by transfer from the National Defense Stockpile

3 Transaction Fund: Provided, That of the funds appro4 priated in this paragraph, not less than $355,000,000

5 shall be made available only for conventional ammunition

6 care and maintenance.

7 OPERATION AND MAINTENANCE, NAVY

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses, not otherwise provided for, necessary

10 for the operation and maintenance of the Navy and the

11 Marine Corps, as authorized by law; and not to exceed

12 $5,155,000 can be used for emergencies and extraor13 dinary expenses, to be expended on the approval or au14 thority of the Secretary of the Navy, and payments may

15 be made on his certificate of necessity for confidential

16 military purposes; $22,841,510,000 and, in addition,

17 $50,000,000 shall be derived by transfer from the Na18 tional Defense Stockpile Transaction Fund.

19 OPERATION AND MAINTENANCE, MARINE CORPS

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance of the Marine Corps,

22 as authorized by law; $2,758,139,000.
9

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1 OPERATION AND MAINTENANCE, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary

4 for the operation and maintenance of the Air Force, as

5 authorized by law; and not to exceed $7,882,000 can be

6 used for emergencies and extraordinary expenses, to be

7 expended on the approval or authority of the Secretary

8 of the Air Force, and payments may be made on his cer9 tificate of necessity for confidential military purposes;

10 $20,760,429,000 and, in addition, $50,000,000 shall be

11 derived by transfer from the National Defense Stockpile

12 Transaction Fund.

13 OPERATION AND MAINTENANCE, DEFENSE-WIDE

14 For expenses, not otherwise provided for, necessary

15 for the operation and maintenance of activities and agen16 cies of the Department of Defense (other than the mili17 tary departments), as authorized by law;

18 $11,537,333,000, of which not to exceed $25,000,000

19 may be available for the CINC initiative fund account;

20 and of which not to exceed $32,300,000 can be used for

21 emergencies and extraordinary expenses, to be expended

22 on the approval or authority of the Secretary of Defense,

23 and payments may be made on his certificate of necessity

24 for confidential military purposes.
10

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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Army Reserve; re5 pair of facilities and equipment; hire of passenger motor

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications; $1,438,776,000.

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor

14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications; $946,478,000.

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Marine Corps Re22 serve; repair of facilities and equipment; hire of pas23 senger motor vehicles; travel and transportation; care of

24 the dead; recruiting; procurement of services, supplies,

25 and equipment; and communications; $126,711,000.
11

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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve;

5 repair of facilities and equipment; hire of passenger

6 motor vehicles; travel and transportation; care of the

7 dead; recruiting; procurement of services, supplies, and

8 equipment; and communications; $1,760,591,000.

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

11 For expenses of training, organizing, and admin12 istering the Army National Guard, including medical and

13 hospital treatment and related expenses in non-Federal

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; hire of passenger motor vehicles; per16 sonnel services in the National Guard Bureau; travel ex17 penses (other than mileage), as authorized by law for

18 Army personnel on active duty, for Army National Guard

19 division, regimental, and battalion commanders while in20 specting units in compliance with National Guard Bureau

21 regulations when specifically authorized by the Chief, Na22 tional Guard Bureau; supplying and equipping the Army

23 National Guard as authorized by law; and expenses of re24 pair, modification, maintenance, and issue of supplies

25 and equipment (including aircraft); $3,156,378,000.
12

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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For operation and maintenance of the Air National

3 Guard, including medical and hospital treatment and re4 lated expenses in non-Federal hospitals; maintenance, op5 eration, repair, and other necessary expenses of facilities

6 for the training and administration of the Air National

7 Guard, including repair of facilities, maintenance, oper8 ation, and modification of aircraft; transportation of

9 things, hire of passenger motor vehicles; supplies, mate10 rials, and equipment, as authorized by law for the Air

11 National Guard; and expenses incident to the mainte12 nance and use of supplies, materials, and equipment, in13 cluding such as may be furnished from stocks under the

14 control of agencies of the Department of Defense; travel

15 expenses (other than mileage) on the same basis as au16 thorized by law for Air National Guard personnel on ac17 tive Federal duty, for Air National Guard commanders

18 while inspecting units in compliance with National Guard

19 Bureau regulations when specifically authorized by the

20 Chief, National Guard Bureau; $3,229,638,000.

21 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses directly relating to Overseas Contin24 gency Operations by United States military forces;

25 $2,087,600,000, to remain available until expended: Pro-
13

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1 vided, That the Secretary of Defense may transfer these

2 funds only to operation and maintenance accounts, within

3 this title, the Defense Health Program appropriation,

4 and to working capital funds: Provided further, That the

5 funds transferred shall be merged with and shall be avail6 able for the same purposes and for the same time period,

7 as the appropriation to which transferred: Provided fur8 ther, That upon a determination that all or part of the

9 funds transferred from this appropriation are not nec10 essary for the purposes provided herein, such amounts

11 may be transferred back to this appropriation: Provided

12 further, That the transfer authority provided in this para13 graph is in addition to any other transfer authority con14 tained elsewhere in this Act.

15 UNITED STATES COURT OF APPEALS FOR THE ARMED

16 FORCES

17 For salaries and expenses necessary for the United

18 States Court of Appeals for the Armed Forces;

19 $7,621,000, of which not to exceed $2,500 can be used

20 for official representation purposes.

21 ENVIRONMENTAL RESTORATION, ARMY

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of the Army, $378,170,000, to

24 remain available until transferred: Provided, That the

25 Secretary of the Army shall, upon determining that such
14

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1 funds are required for environmental restoration, reduc2 tion and recycling of hazardous waste, removal of unsafe

3 buildings and debris of the Department of the Army, or

4 for similar purposes, transfer the funds made available by

5 this appropriation to other appropriations made available

6 to the Department of the Army, to be merged with and

7 to be available for the same purposes and for the same

8 time period as the appropriations to which transferred:

9 Provided further, That upon a determination that all or

10 part of the funds transferred from this appropriation are

11 not necessary for the purposes provided herein, such

12 amounts may be transferred back to this appropriation.

13 ENVIRONMENTAL RESTORATION, NAVY

14 (INCLUDING TRANSFER OF FUNDS)

15 For the Department of the Navy, $284,000,000, to

16 remain available until transferred: Provided, That the

17 Secretary of the Navy shall, upon determining that such

18 funds are required for environmental restoration, reduc19 tion and recycling of hazardous waste, removal of unsafe

20 buildings and debris of the Department of the Navy, or

21 for similar purposes, transfer the funds made available by

22 this appropriation to other appropriations made available

23 to the Department of the Navy, to be merged with and

24 to be available for the same purposes and for the same

25 time period as the appropriations to which transferred:
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1 Provided further, That upon a determination that all or

2 part of the funds transferred from this appropriation are

3 not necessary for the purposes provided herein, such

4 amounts may be transferred back to this appropriation.

5 ENVIRONMENTAL RESTORATION, AIR FORCE

6 (INCLUDING TRANSFER OF FUNDS)

7 For the Department of the Air Force,

8 $376,800,000, to remain available until transferred: Pro9 vided, That the Secretary of the Air Force shall, upon de10 termining that such funds are required for environmental

11 restoration, reduction and recycling of hazardous waste,

12 removal of unsafe buildings and debris of the Department

13 of the Air Force, or for similar purposes, transfer the

14 funds made available by this appropriation to other ap15 propriations made available to the Department of the Air

16 Force, to be merged with and to be available for the same

17 purposes and for the same time period as the appropria18 tions to which transferred: Provided further, That upon

19 a determination that all or part of the funds transferred

20 from this appropriation are not necessary for the pur21 poses provided herein, such amounts may be transferred

22 back to this appropriation.
16

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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of Defense, $25,370,000, to re4 main available until transferred: Provided, That the Sec5 retary of Defense shall, upon determining that such

6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe

8 buildings and debris of the Department of Defense, or for

9 similar purposes, transfer the funds made available by

10 this appropriation to other appropriations made available

11 to the Department of Defense, to be merged with and to

12 be available for the same purposes and for the same time

13 period as the appropriations to which transferred: Pro14 vided further, That upon a determination that all or part

15 of the funds transferred from this appropriation are not

16 necessary for the purposes provided herein, such amounts

17 may be transferred back to this appropriation.

18 ENVIRONMENTAL RESTORATION, FORMERLY USED

19 DEFENSE SITES

20 (INCLUDING TRANSFER OF FUNDS)

21 For the Department of the Army, $239,214,000, to

22 remain available until transferred: Provided, That the

23 Secretary of the Army shall, upon determining that such

24 funds are required for environmental restoration, reduc25 tion and recycling of hazardous waste, removal of unsafe
17

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1 buildings and debris at sites formerly used by the De2 partment of Defense, transfer the funds made available

3 by this appropriation to other appropriations made avail4 able to the Department of the Army, to be merged with

5 and to be available for the same purposes and for the

6 same time period as the appropriations to which trans7 ferred: Provided further, That upon a determination that

8 all or part of the funds transferred from this appropria9 tion are not necessary for the purposes provided herein,

10 such amounts may be transferred back to this appropria11 tion.

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humani14 tarian, Disaster, and Civic Aid programs of the Depart15 ment of Defense (consisting of the programs provided

16 under sections 401, 402, 404, 2547, and 2551 of title 10,

17 United States Code); $55,800,000, to remain available

18 until September 30, 2001.

19 FORMER SOVIET UNION THREAT REDUCTION

20 For assistance to the republics of the former Soviet

21 Union, including assistance provided by contract or by

22 grants, for facilitating the elimination and the safe and

23 secure transportation and storage of nuclear, chemical

24 and other weapons; for establishing programs to prevent

25 the proliferation of weapons, weapons components, and
18

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1 weapon-related technology and expertise; for programs

2 relating to the training and support of defense and mili3 tary personnel for demilitarization and protection of

4 weapons, weapons components and weapons technology

5 and expertise; $475,500,000, to remain available until

6 September 30, 2002: Provided, That of the amounts pro7 vided under this heading, $25,000,000 shall be available

8 only to support the dismantling and disposal of nuclear

9 submarines and submarine reactor components in the

10 Russian Far East.

11 PENTAGON RENOVATION TRANSFER FUND

12 For expenses, not otherwise provided for, resulting

13 from the Department of Defense renovation of the Pen14 tagon Reservation; $246,439,000, for the renovation of

15 the Pentagon Reservation, which shall remain available for

16 obligation until September 30, 2001.

17 TITLE III

18 PROCUREMENT

19 AIRCRAFT PROCUREMENT, ARMY

20 For construction, procurement, production, modifica21 tion, and modernization of aircraft, equipment, including

22 ordnance, ground handling equipment, spare parts, and

23 accessories therefor; specialized equipment and training

24 devices; expansion of public and private plants, including

25 the land necessary therefor, for the foregoing purposes,
19

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1 and such lands and interests therein, may be acquired,

2 and construction prosecuted thereon prior to approval of

3 title; and procurement and installation of equipment, ap4 pliances, and machine tools in public and private plants;

5 reserve plant and Government and contractor-owned

6 equipment layaway; and other expenses necessary for the

7 foregoing purposes; $1,440,788,000, to remain available

8 for obligation until September 30, 2002.

9 MISSILE PROCUREMENT, ARMY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, equipment, including

12 ordnance, ground handling equipment, spare parts, and

13 accessories therefor; specialized equipment and training

14 devices; expansion of public and private plants, including

15 the land necessary therefor, for the foregoing purposes,

16 and such lands and interests therein, may be acquired,

17 and construction prosecuted thereon prior to approval of

18 title; and procurement and installation of equipment, ap19 pliances, and machine tools in public and private plants;

20 reserve plant and Government and contractor-owned

21 equipment layaway; and other expenses necessary for the

22 foregoing purposes; $1,267,698,000, to remain available

23 for obligation until September 30, 2002.
20

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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and

4 modification of weapons and tracked combat vehicles,

5 equipment, including ordnance, spare parts, and acces6 sories therefor; specialized equipment and training devices;

7 expansion of public and private plants, including the land

8 necessary therefor, for the foregoing purposes, and such

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and

11 procurement and installation of equipment, appliances,

12 and machine tools in public and private plants; reserve

13 plant and Government and contractor-owned equipment

14 layaway; and other expenses necessary for the foregoing

15 purposes; $1,526,265,000, to remain available for obliga16 tion until September 30, 2002.

17 PROCUREMENT OF AMMUNITION, ARMY

18 For construction, procurement, production, and

19 modification of ammunition, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including ammunition facilities au22 thorized by section 2854 of title 10, United States Code,

23 and the land necessary therefor, for the foregoing pur24 poses, and such lands and interests therein, may be ac25 quired, and construction prosecuted thereon prior to ap-
21

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1 proval of title; and procurement and installation of equip2 ment, appliances, and machine tools in public and private

3 plants; reserve plant and Government and contractor4 owned equipment layaway; and other expenses necessary

5 for the foregoing purposes; $1,145,566,000, to remain

6 available for obligation until September 30, 2002.

7 OTHER PROCUREMENT, ARMY

8 For construction, procurement, production, and

9 modification of vehicles, including tactical, support, and

10 non-tracked combat vehicles; the purchase of not to exceed

11 36 passenger motor vehicles for replacement only; and the

12 purchase of 3 vehicles required for physical security of

13 personnel, notwithstanding price limitations applicable to

14 passenger vehicles but not to exceed $200,000 per vehicle;

15 communications and electronic equipment; other support

16 equipment; spare parts, ordnance, and accessories there17 for; specialized equipment and training devices; expansion

18 of public and private plants, including the land necessary

19 therefor, for the foregoing purposes, and such lands and

20 interests therein, may be acquired, and construction pros21 ecuted thereon prior to approval of title; and procurement

22 and installation of equipment, appliances, and machine

23 tools in public and private plants; reserve plant and Gov24 ernment and contractor-owned equipment layaway; and

25 other expenses necessary for the foregoing purposes;
22

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1 $3,658,070,000, to remain available for obligation until

2 September 30, 2002.

3 AIRCRAFT PROCUREMENT, NAVY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including

6 ordnance, spare parts, and accessories therefor; specialized

7 equipment; expansion of public and private plants, includ8 ing the land necessary therefor, and such lands and inter9 ests therein, may be acquired, and construction prosecuted

10 thereon prior to approval of title; and procurement and

11 installation of equipment, appliances, and machine tools

12 in public and private plants; reserve plant and Govern13 ment and contractor-owned equipment layaway;

14 $8,608,684,000, to remain available for obligation until

15 September 30, 2002.

16 WEAPONS PROCUREMENT, NAVY

17 For construction, procurement, production, modifica18 tion, and modernization of missiles, torpedoes, other weap19 ons, and related support equipment including spare parts,

20 and accessories therefor; expansion of public and private

21 plants, including the land necessary therefor, and such

22 lands and interests therein, may be acquired, and con23 struction prosecuted thereon prior to approval of title; and

24 procurement and installation of equipment, appliances,

25 and machine tools in public and private plants; reserve
23

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1 plant and Government and contractor-owned equipment

2 layaway; $1,423,713,000, to remain available for obliga3 tion until September 30, 2002.

4 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

5 CORPS

6 For construction, procurement, production, and

7 modification of ammunition, and accessories therefor; spe8 cialized equipment and training devices; expansion of pub9 lic and private plants, including ammunition facilities au10 thorized by section 2854 of title 10, United States Code,

11 and the land necessary therefor, for the foregoing pur12 poses, and such lands and interests therein, may be ac13 quired, and construction prosecuted thereon prior to ap14 proval of title; and procurement and installation of equip15 ment, appliances, and machine tools in public and private

16 plants; reserve plant and Government and contractor17 owned equipment layaway; and other expenses necessary

18 for the foregoing purposes; $510,300,000, to remain avail19 able for obligation until September 30, 2002.

20 SHIPBUILDING AND CONVERSION, NAVY

21 For expenses necessary for the construction, acquisi22 tion, or conversion of vessels as authorized by law, includ23 ing armor and armament thereof, plant equipment, appli24 ances, and machine tools and installation thereof in public

25 and private plants; reserve plant and Government and con-
24

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1 tractor-owned equipment layaway; procurement of critical,

2 long leadtime components and designs for vessels to be

3 constructed or converted in the future; and expansion of

4 public and private plants, including land necessary there5 for, and such lands and interests therein, may be acquired,

6 and construction prosecuted thereon prior to approval of

7 title, as follows:

8 NSSN (AP), $748,497,000;

9 CVN–77 (AP), $751,540,000;

10 CVN Refuelings (AP), $345,565,000;

11 DDG–51 destroyer program, $2,681,653,000;

12 LPD–17 amphibious transport dock ship,

13 $1,508,338,000;

14 LHD–8 (AP), $500,000,000;

15 ADC(X), $439,966,000;

16 LCAC landing craft air cushion program,

17 $31,776,000; and

18 For craft, outfitting, post delivery, conversions,

19 and first destination transportation, $171,119,000;

20 In all: $7,178,454,000, to remain available for obliga21 tion until September 30, 2006: Provided, That additional

22 obligations may be incurred after September 30, 2006, for

23 engineering services, tests, evaluations, and other such

24 budgeted work that must be performed in the final stage

25 of ship construction: Provided further, That none of the
25

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1 funds provided under this heading for the construction or

2 conversion of any naval vessel to be constructed in ship3 yards in the United States shall be expended in foreign

4 facilities for the construction of major components of such

5 vessel: Provided further, That none of the funds provided

6 under this heading shall be used for the construction of

7 any naval vessel in foreign shipyards: Provided further,

8 That the Secretary of the Navy is hereby granted the au9 thority to enter into a contract for an LHD–1 Amphibious

10 Assault Ship which shall be funded on an incremental

11 basis.

12 OTHER PROCUREMENT, NAVY

13 For procurement, production, and modernization of

14 support equipment and materials not otherwise provided

15 for, Navy ordnance (except ordnance for new aircraft, new

16 ships, and ships authorized for conversion); the purchase

17 of not to exceed 25 passenger motor vehicles for replace18 ment only; expansion of public and private plants, includ19 ing the land necessary therefor, and such lands and inter20 ests therein, may be acquired, and construction prosecuted

21 thereon prior to approval of title; and procurement and

22 installation of equipment, appliances, and machine tools

23 in public and private plants; reserve plant and Govern24 ment and contractor-owned equipment layaway;
26

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1 $4,184,891,000, to remain available for obligation until

2 September 30, 2002.

3 PROCUREMENT, MARINE CORPS

4 For expenses necessary for the procurement, manu5 facture, and modification of missiles, armament, military

6 equipment, spare parts, and accessories therefor; plant

7 equipment, appliances, and machine tools, and installation

8 thereof in public and private plants; reserve plant and

9 Government and contractor-owned equipment layaway; ve10 hicles for the Marine Corps, including the purchase of not

11 to exceed 43 passenger motor vehicles for replacement

12 only; and expansion of public and private plants, including

13 land necessary therefor, and such lands and interests

14 therein, may be acquired, and construction prosecuted

15 thereon prior to approval of title; $1,236,620,000, to re16 main available for obligation until September 30, 2002.

17 AIRCRAFT PROCUREMENT, AIR FORCE

18 For construction, procurement, lease, and modifica19 tion of aircraft and equipment, including armor and arma20 ment, specialized ground handling equipment, and train21 ing devices, spare parts, and accessories therefor; special22 ized equipment; expansion of public and private plants,

23 Government-owned equipment and installation thereof in

24 such plants, erection of structures, and acquisition of land,

25 for the foregoing purposes, and such lands and interests
27

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1 therein, may be acquired, and construction prosecuted

2 thereon prior to approval of title; reserve plant and Gov3 ernment and contractor-owned equipment layaway; and

4 other expenses necessary for the foregoing purposes in5 cluding rents and transportation of things;

6 $9,758,333,000, to remain available for obligation until

7 September 30, 2002.

8 MISSILE PROCUREMENT, AIR FORCE

9 For construction, procurement, and modification of

10 missiles, spacecraft, rockets, and related equipment, in11 cluding spare parts and accessories therefor, ground han12 dling equipment, and training devices; expansion of public

13 and private plants, Government-owned equipment and in14 stallation thereof in such plants, erection of structures,

15 and acquisition of land, for the foregoing purposes, and

16 such lands and interests therein, may be acquired, and

17 construction prosecuted thereon prior to approval of title;

18 reserve plant and Government and contractor-owned

19 equipment layaway; and other expenses necessary for the

20 foregoing purposes including rents and transportation of

21 things; $2,338,505,000, to remain available for obligation

22 until September 30, 2002.

23 PROCUREMENT OF AMMUNITION, AIR FORCE

24 For construction, procurement, production, and

25 modification of ammunition, and accessories therefor; spe-
28

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1 cialized equipment and training devices; expansion of pub2 lic and private plants, including ammunition facilities au3 thorized by section 2854 of title 10, United States Code,

4 and the land necessary therefor, for the foregoing pur5 poses, and such lands and interests therein, may be ac6 quired, and construction prosecuted thereon prior to ap7 proval of title; and procurement and installation of equip8 ment, appliances, and machine tools in public and private

9 plants; reserve plant and Government and contractor10 owned equipment layaway; and other expenses necessary

11 for the foregoing purposes; $427,537,000, to remain avail12 able for obligation until September 30, 2002.

13 OTHER PROCUREMENT, AIR FORCE

14 For procurement and modification of equipment (in15 cluding ground guidance and electronic control equipment,

16 and ground electronic and communication equipment),

17 and supplies, materials, and spare parts therefor, not oth18 erwise provided for; the purchase of not to exceed 53 pas19 senger motor vehicles for replacement only; lease of pas20 senger motor vehicles; and expansion of public and private

21 plants, Government-owned equipment and installation

22 thereof in such plants, erection of structures, and acquisi23 tion of land, for the foregoing purposes, and such lands

24 and interests therein, may be acquired, and construction

25 prosecuted thereon, prior to approval of title; reserve plant
29

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1 and Government and contractor-owned equipment lay2 away; $7,198,627,000, to remain available for obligation

3 until September 30, 2002.

4 PROCUREMENT, DEFENSE-WIDE

5 For expenses of activities and agencies of the Depart6 ment of Defense (other than the military departments)

7 necessary for procurement, production, and modification

8 of equipment, supplies, materials, and spare parts there9 for, not otherwise provided for; the purchase of not to ex10 ceed 103 passenger motor vehicles for replacement only;

11 the purchase of 7 vehicles required for physical security

12 of personnel, notwithstanding price limitations applicable

13 to passenger vehicles but not to exceed $200,000 per vehi14 cle; expansion of public and private plants, equipment, and

15 installation thereof in such plants, erection of structures,

16 and acquisition of land for the foregoing purposes, and

17 such lands and interests therein, may be acquired, and

18 construction prosecuted thereon prior to approval of title;

19 reserve plant and Government and contractor-owned

20 equipment layaway; $2,327,965,000, to remain available

21 for obligation until September 30, 2002.

22 NATIONAL GUARD AND RESERVE EQUIPMENT

23 For procurement of aircraft, missiles, tracked combat

24 vehicles, ammunition, other weapons, and other procure25 ment for the reserve components of the Armed Forces;
30

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1 $300,000,000, to remain available for obligation until Sep2 tember 30, 2002: Provided, That the Chiefs of the Reserve

3 and National Guard components shall, not later than 30

4 days after the enactment of this Act, individually submit

5 to the congressional defense committees the modernization

6 priority assessment for their respective Reserve or Na7 tional Guard component.

8 TITLE IV

9 RESEARCH, DEVELOPMENT, TEST, AND

10 EVALUATION

11 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

12 ARMY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of

16 facilities and equipment; $4,905,294,000, to remain

17 available for obligation until September 30, 2001.

18 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

19 NAVY

20 For expenses necessary for basic and applied sci21 entific research, development, test and evaluation, includ22 ing maintenance, rehabilitation, lease, and operation of

23 facilities and equipment; $8,448,816,000, to remain

24 available for obligation until September 30, 2001.
31

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1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of

6 facilities and equipment; $13,489,909,000, to remain

7 available for obligation until September 30, 2001.

8 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

9 DEFENSE-WIDE

10 For expenses of activities and agencies of the De11 partment of Defense (other than the military depart12 ments), necessary for basic and applied scientific re13 search, development, test and evaluation; advanced re14 search projects as may be designated and determined by

15 the Secretary of Defense, pursuant to law; maintenance,

16 rehabilitation, lease, and operation of facilities and equip17 ment; $9,325,315,000, to remain available for obligation

18 until September 30, 2001.

19 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

20 For expenses, not otherwise provided for, of inde21 pendent activities of the Director, Test and Evaluation in

22 the direction and supervision of developmental test and

23 evaluation, including performance and joint develop24 mental testing and evaluation; and administrative ex-
32

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1 penses in connection therewith; $251,957,000, to remain

2 available for obligation until September 30, 2001.

3 OPERATIONAL TEST AND EVALUATION, DEFENSE

4 For expenses, not otherwise provided for, necessary

5 for the independent activities of the Director, Operational

6 Test and Evaluation in the direction and supervision of

7 operational test and evaluation, including initial oper8 ational test and evaluation which is conducted prior to,

9 and in support of, production decisions; joint operational

10 testing and evaluation; and administrative expenses in

11 connection therewith; $34,434,000, to remain available

12 for obligation until September 30, 2001.

13 TITLE V

14 REVOLVING AND MANAGEMENT FUNDS

15 DEFENSE WORKING CAPITAL FUNDS

16 For the Defense Working Capital Funds;

17 $90,344,000.

18 NATIONAL DEFENSE SEALIFT FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For National Defense Sealift Fund programs,

21 projects, and activities, and for expenses of the National

22 Defense Reserve Fleet, as established by section 11 of the

23 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744);

24 $354,700,000, to remain available until expended: Pro25 vided, That none of the funds provided in this paragraph
33

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1 shall be used to award a new contract that provides for

2 the acquisition of any of the following major components

3 unless such components are manufactured in the United

4 States: auxiliary equipment, including pumps, for all

5 shipboard services; propulsion system components (that

6 is; engines, reduction gears, and propellers); shipboard

7 cranes; and spreaders for shipboard cranes: Provided fur8 ther, That the exercise of an option in a contract awarded

9 through the obligation of previously appropriated funds

10 shall not be considered to be the award of a new con11 tract: Provided further, That the Secretary of the military

12 department responsible for such procurement may waive

13 the restrictions in the first proviso on a case-by-case

14 basis by certifying in writing to the Committees on Ap15 propriations of the House of Representatives and the

16 Senate that adequate domestic supplies are not available

17 to meet Department of Defense requirements on a timely

18 basis and that such an acquisition must be made in order

19 to acquire capability for national security purposes.

20 TITLE VI

21 OTHER DEPARTMENT OF DEFENSE PROGRAMS

22 DEFENSE HEALTH PROGRAM

23 For expenses, not otherwise provided for, for medical

24 and health care programs of the Department of Defense,

25 as authorized by law; $11,184,857,000, of which
34

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1 $10,527,887,000 shall be for Operation and maintenance,

2 of which not to exceed 2 per centum shall remain avail3 able until September 30, 2001, of which $356,970,000,

4 to remain available for obligation until September 30,

5 2002, shall be for Procurement: and of which

6 $300,000,000, to remain available for obligation until

7 September 30, 2001, shall be for Research, development,

8 test and evaluation.

9 ARMED FORCES RETIREMENT HOME

10 For expenses necessary for the Armed Forces Retire11 ment Home to operate and maintain the United States

12 Soldiers’ and Airmen’s Home and the United States Naval

13 Home, to be paid from funds available in the Armed

14 Forces Retirement Home Trust Fund, $68,295,000, of

15 which $12,696,000 shall remain available until expended

16 for construction and renovation of the physical plants at

17 the United States Soldiers’ and Airmen’s Home and the

18 United States Naval Home: Provided, That, notwith19 standing any other provision of law, a single contract or

20 related contracts for the development and construction, to

21 include construction of a long-term care facility at the

22 United States Naval Home, may be employed which collec23 tively include the full scope of the project: Provided fur24 ther, That the solicitation and contract shall contain the

25 clause ‘‘availability of funds’’ found at 48 CFR 52.232–
35

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1 18 and 252.232–7007, Limitation of Government Obliga2 tions.

3 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

4 ARMY

5 For expenses, not otherwise provided for, necessary

6 for the destruction of the United States stockpile of le7 thal chemical agents and munitions in accordance with

8 the provisions of section 1412 of the Department of De9 fense Authorization Act, 1986 (50 U.S.C. 1521), and for

10 the destruction of other chemical warfare materials that

11 are not in the chemical weapon stockpile,

12 $1,029,000,000, of which $543,500,000 shall be for Op13 eration and maintenance to remain available until Sep14 tember 30, 2001, $191,500,000 shall be for Procurement

15 to remain available until September 30, 2002, and

16 $294,000,000 shall be for Research, development, test

17 and evaluation to remain available until September 30,

18 2001: Provided, That of the funds available under this

19 heading, $1,000,000 shall be available until expended

20 each year only for a Johnston Atoll off-island leave pro21 gram: Provided further, That the Secretaries concerned

22 shall, pursuant to uniform regulations, prescribe travel

23 and transportation allowances for travel by participants

24 in the off-island leave program.
36

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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of

5 the Department of Defense, for transfer to appropria6 tions available to the Department of Defense for military

7 personnel of the reserve components serving under the

8 provisions of title 10 and title 32, United States Code;

9 for Operation and maintenance; for Procurement; and for

10 Research, development, test and evaluation;

11 $842,300,000: Provided, That the funds appropriated

12 under this heading shall be available for obligation for

13 the same time period and for the same purpose as the

14 appropriation to which transferred: Provided further,

15 That the transfer authority provided in this paragraph is

16 in addition to any transfer authority contained elsewhere

17 in this Act.

18 OFFICE OF THE INSPECTOR GENERAL

19 For expenses and activities of the Office of the In20 spector General in carrying out the provisions of the In21 spector General Act of 1978, as amended; $137,544,000,

22 of which $136,244,000 shall be for Operation and main23 tenance, of which not to exceed $500,000 is available for

24 emergencies and extraordinary expenses to be expended

25 on the approval or authority of the Inspector General,
37

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1 and payments may be made on his certificate of necessity

2 for confidential military purposes; and of which

3 $1,300,000 to remain available until September 30,

4 2002, shall be for Procurement.

5 TITLE VII

6 RELATED AGENCIES

7 CENTRAL INTELLIGENCE AGENCY

8 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

9 DISABILITY SYSTEM FUND

10 For payment to the Central Intelligence Agency Re11 tirement and Disability System Fund, to maintain proper

12 funding level for continuing the operation of the Central

13 Intelligence Agency Retirement and Disability System;

14 $209,100,000.

15 INTELLIGENCE COMMUNITY MANAGEMENT

16 ACCOUNT

17 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of the Intelligence Commu20 nity Management Account; $149,415,000, of which

21 $34,923,000 for the Advanced Research and Develop22 ment Committee shall remain available until September

23 30, 2001: Provided, That of the funds appropriated

24 under this heading, $27,000,000 shall be transferred to

25 the Department of Justice for the National Drug Intel-
38

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1 ligence Center to support the Department of Defense’s

2 counter-drug intelligence responsibilities, and of the said

3 amount, $1,500,000 for Procurement shall remain avail4 able until September 30, 2002, and $1,000,000 for Re5 search, development, test and evaluation shall remain

6 available until September 30, 2001.

7 PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, RE8 MEDIATION, AND ENVIRONMENTAL RESTORATION

9 FUND

10 For payment to Kaho’olawe Island Conveyance, Re11 mediation, and Environmental Restoration Fund, as au12 thorized by law; $35,000,000, to remain available until

13 expended.

14 NATIONAL SECURITY EDUCATION TRUST FUND

15 For the purposes of title VIII of Public Law 102–

16 183, $8,000,000, to be derived from the National Secu17 rity Education Trust Fund, to remain available until ex18 pended.

19 GENERAL PROVISIONS—DEPARTMENT OF

20 DEFENSE

21 SEC. 8001. No part of any appropriation contained

22 in this Act shall be used for publicity or propaganda pur23 poses not authorized by the Congress.

24 SEC. 8002. During the current fiscal year, provisions

25 of law prohibiting the payment of compensation to, or em-
39

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1 ployment of, any person not a citizen of the United States

2 shall not apply to personnel of the Department of Defense:

3 Provided, That salary increases granted to direct and indi4 rect hire foreign national employees of the Department of

5 Defense funded by this Act shall not be at a rate in excess

6 of the percentage increase authorized by law for civilian

7 employees of the Department of Defense whose pay is

8 computed under the provisions of section 5332 of title 5,

9 United States Code, or at a rate in excess of the percent10 age increase provided by the appropriate host nation to

11 its own employees, whichever is higher: Provided further,

12 That this section shall not apply to Department of De13 fense foreign service national employees serving at United

14 States diplomatic missions whose pay is set by the Depart15 ment of State under the Foreign Service Act of 1980: Pro16 vided further, That the limitations of this provision shall

17 not apply to foreign national employees of the Department

18 of Defense in the Republic of Turkey.

19 SEC. 8003. No part of any appropriation contained

20 in this Act shall remain available for obligation beyond

21 the current fiscal year, unless expressly so provided herein.

22 SEC. 8004. No more than 20 per centum of the ap23 propriations in this Act which are limited for obligation

24 during the current fiscal year shall be obligated during

25 the last 2 months of the fiscal year: Provided, That this
40

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1 section shall not apply to obligations for support of active

2 duty training of reserve components or summer camp

3 training of the Reserve Officers’ Training Corps.

4 (TRANSFER OF FUNDS)

5 SEC. 8005. Upon determination by the Secretary of

6 Defense that such action is necessary in the national inter7 est, he may, with the approval of the Office of Manage8 ment and Budget, transfer not to exceed $2,000,000,000

9 of working capital funds of the Department of Defense

10 or funds made available in this Act to the Department

11 of Defense for military functions (except military con12 struction) between such appropriations or funds or any

13 subdivision thereof, to be merged with and to be available

14 for the same purposes, and for the same time period, as

15 the appropriation or fund to which transferred: Provided,

16 That such authority to transfer may not be used unless

17 for higher priority items, based on unforeseen military re18 quirements, than those for which originally appropriated

19 and in no case where the item for which funds are re20 quested has been denied by Congress: Provided further,

21 That the Secretary of Defense shall notify the Congress

22 promptly of all transfers made pursuant to this authority

23 or any other authority in this Act: Provided further, That

24 no part of the funds in this Act shall be available to pre25 pare or present a request to the Committees on Appropria26 tions for reprogramming of funds, unless for higher pri-
41

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1 ority items, based on unforeseen military requirements,

2 than those for which originally appropriated and in no

3 case where the item for which reprogramming is requested

4 has been denied by the Congress.

5 (TRANSFER OF FUNDS)

6 SEC. 8006. During the current fiscal year, cash bal7 ances in working capital funds of the Department of De8 fense established pursuant to section 2208 of title 10,

9 United States Code, may be maintained in only such

10 amounts as are necessary at any time for cash disburse11 ments to be made from such funds: Provided, That trans12 fers may be made between such funds: Provided further,

13 That transfers may be made between working capital

14 funds and the ‘‘Foreign Currency Fluctuations, Defense’’

15 appropriation and the ‘‘Operation and Maintenance’’ ap16 propriation accounts in such amounts as may be deter17 mined by the Secretary of Defense, with the approval of

18 the Office of Management and Budget, except that such

19 transfers may not be made unless the Secretary of Defense

20 has notified the Congress of the proposed transfer. Except

21 in amounts equal to the amounts appropriated to working

22 capital funds in this Act, no obligations may be made

23 against a working capital fund to procure or increase the

24 value of war reserve material inventory, unless the Sec25 retary of Defense has notified the Congress prior to any

26 such obligation.
42

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1 SEC. 8007. Funds appropriated by this Act may not

2 be used to initiate a special access program without prior

3 notification 30 calendar days in session in advance to the

4 congressional defense committees.

5 SEC. 8008. None of the funds provided in this Act

6 shall be available to initiate: (1) a multiyear contract that

7 employs economic order quantity procurement in excess of

8 $20,000,000 in any 1 year of the contract or that includes

9 an unfunded contingent liability in excess of $20,000,000;

10 or (2) a contract for advance procurement leading to a

11 multiyear contract that employs economic order quantity

12 procurement in excess of $20,000,000 in any 1 year, un13 less the congressional defense committees have been noti14 fied at least 30 days in advance of the proposed contract

15 award: Provided, That no part of any appropriation con16 tained in this Act shall be available to initiate a multiyear

17 contract for which the economic order quantity advance

18 procurement is not funded at least to the limits of the

19 Government’s liability: Provided further, That no part of

20 any appropriation contained in this Act shall be available

21 to initiate multiyear procurement contracts for any sys22 tems or component thereof if the value of the multiyear

23 contract would exceed $500,000,000 unless specifically

24 provided in this Act: Provided further, That no multiyear

25 procurement contract can be terminated without 10-day
43

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1 prior notification to the congressional defense committees:

2 Provided further, That the execution of multiyear author3 ity shall require the use of a present value analysis to de4 termine lowest cost compared to an annual procurement.

5 Funds appropriated in title III of this Act may be

6 used for multiyear procurement contracts as follows:

7 Longbow Apache Helicopter; MLRS Rocket

8 Launcher; Abrams M1A2 Upgrade; Bradley M2A3

9 Vehicle; F/A–18E/F aircraft; C–17 aircraft; and F–

10 16 aircraft.

11 SEC. 8009. Within the funds appropriated for the op12 eration and maintenance of the Armed Forces, funds are

13 hereby appropriated pursuant to section 401 of title 10,

14 United States Code, for humanitarian and civic assistance

15 costs under chapter 20 of title 10, United States Code.

16 Such funds may also be obligated for humanitarian and

17 civic assistance costs incidental to authorized operations

18 and pursuant to authority granted in section 401 of chap19 ter 20 of title 10, United States Code, and these obliga20 tions shall be reported to Congress on September 30 of

21 each year: Provided, That funds available for operation

22 and maintenance shall be available for providing humani23 tarian and similar assistance by using Civic Action Teams

24 in the Trust Territories of the Pacific Islands and freely

25 associated states of Micronesia, pursuant to the Compact
44

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1 of Free Association as authorized by Public Law 99–239:

2 Provided further, That upon a determination by the Sec3 retary of the Army that such action is beneficial for grad4 uate medical education programs conducted at Army med5 ical facilities located in Hawaii, the Secretary of the Army

6 may authorize the provision of medical services at such

7 facilities and transportation to such facilities, on a non8 reimbursable basis, for civilian patients from American

9 Samoa, the Commonwealth of the Northern Mariana Is10 lands, the Marshall Islands, the Federated States of Mi11 cronesia, Palau, and Guam.

12 SEC. 8010. (a) During fiscal year 2000, the civilian

13 personnel of the Department of Defense may not be man14 aged on the basis of any end-strength, and the manage15 ment of such personnel during that fiscal year shall not

16 be subject to any constraint or limitation (known as an

17 end-strength) on the number of such personnel who may

18 be employed on the last day of such fiscal year.

19 (b) The fiscal year 2001 budget request for the De20 partment of Defense as well as all justification material

21 and other documentation supporting the fiscal year 2001

22 Department of Defense budget request shall be prepared

23 and submitted to the Congress as if subsections (a) and

24 (b) of this provision were effective with regard to fiscal

25 year 2001.
45

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1 (c) Nothing in this section shall be construed to apply

2 to military (civilian) technicians.

3 SEC. 8011. Notwithstanding any other provision of

4 law, none of the funds made available by this Act shall

5 be used by the Department of Defense to exceed, outside

6 the 50 United States, its territories, and the District of

7 Columbia, 125,000 civilian workyears: Provided, That

8 workyears shall be applied as defined in the Federal Per9 sonnel Manual: Provided further, That workyears ex10 pended in dependent student hiring programs for dis11 advantaged youths shall not be included in this workyear

12 limitation.

13 SEC. 8012. None of the funds made available by this

14 Act shall be used in any way, directly or indirectly, to in15 fluence congressional action on any legislation or appro16 priation matters pending before the Congress.

17 SEC. 8013. (a) None of the funds appropriated by

18 this Act shall be used to make contributions to the Depart19 ment of Defense Education Benefits Fund pursuant to

20 section 2006(g) of title 10, United States Code, rep21 resenting the normal cost for future benefits under section

22 3015(c) of title 38, United States Code, for any member

23 of the armed services who, on or after the date of the en24 actment of this Act, enlists in the armed services for a

25 period of active duty of less than three years, nor shall
46

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1 any amounts representing the normal cost of such future

2 benefits be transferred from the Fund by the Secretary

3 of the Treasury to the Secretary of Veterans Affairs pur4 suant to section 2006(d) of title 10, United States Code;

5 nor shall the Secretary of Veterans Affairs pay such bene6 fits to any such member: Provided, That this limitation

7 shall not apply to members in combat arms skills or to

8 members who enlist in the armed services on or after July

9 1, 1989, under a program continued or established by the

10 Secretary of Defense in fiscal year 1991 to test the cost11 effective use of special recruiting incentives involving not

12 more than nineteen noncombat arms skills approved in ad13 vance by the Secretary of Defense: Provided further, That

14 this subsection applies only to active components of the

15 Army.

16 (b) None of the funds appropriated by this Act shall

17 be available for the basic pay and allowances of any mem18 ber of the Army participating as a full-time student and

19 receiving benefits paid by the Secretary of Veterans Af20 fairs from the Department of Defense Education Benefits

21 Fund when time spent as a full-time student is credited

22 toward completion of a service commitment: Provided,

23 That this subsection shall not apply to those members who

24 have reenlisted with this option prior to October 1, 1987:
47

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1 Provided further, That this subsection applies only to ac2 tive components of the Army.

3 SEC. 8014. None of the funds appropriated by this

4 Act shall be available to convert to contractor performance

5 an activity or function of the Department of Defense that,

6 on or after the date of the enactment of this Act, is per7 formed by more than ten Department of Defense civilian

8 employees until a most efficient and cost-effective organi9 zation analysis is completed on such activity or function

10 and certification of the analysis is made to the Committees

11 on Appropriations of the House of Representatives and the

12 Senate: Provided, That this section and subsections (a),

13 (b), and (c) of 10 U.S.C. 2461 shall not apply to a com14 mercial or industrial type function of the Department of

15 Defense that: (1) is included on the procurement list es16 tablished pursuant to section 2 of the Act of June 25,

17 1938 (41 U.S.C. 47), popularly referred to as the Javits18 Wagner-O’Day Act; (2) is planned to be converted to per19 formance by a qualified nonprofit agency for the blind or

20 by a qualified nonprofit agency for other severely handi21 capped individuals in accordance with that Act; or (3) is

22 planned to be converted to performance by a qualified firm

23 under 51 per centum Native American ownership.

24 (TRANSFER OF FUNDS)

25 SEC. 8015. Funds appropriated in title III of this Act

26 for the Department of Defense Pilot Mentor-Protege Pro-
48

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1 gram may be transferred to any other appropriation con2 tained in this Act solely for the purpose of implementing

3 a Mentor-Protege Program developmental assistance

4 agreement pursuant to section 831 of the National De5 fense Authorization Act for Fiscal Year 1991 (Public Law

6 101–510; 10 U.S.C. 2301 note), as amended, under the

7 authority of this provision or any other transfer authority

8 contained in this Act.

9 SEC. 8016. None of the funds in this Act may be

10 available for the purchase by the Department of Defense

11 (and its departments and agencies) of welded shipboard

12 anchor and mooring chain 4 inches in diameter and under

13 unless the anchor and mooring chain are manufactured

14 in the United States from components which are substan15 tially manufactured in the United States: Provided, That

16 for the purpose of this section manufactured will include

17 cutting, heat treating, quality control, testing of chain and

18 welding (including the forging and shot blasting process):

19 Provided further, That for the purpose of this section sub20 stantially all of the components of anchor and mooring

21 chain shall be considered to be produced or manufactured

22 in the United States if the aggregate cost of the compo23 nents produced or manufactured in the United States ex24 ceeds the aggregate cost of the components produced or

25 manufactured outside the United States: Provided further,
49

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1 That when adequate domestic supplies are not available

2 to meet Department of Defense requirements on a timely

3 basis, the Secretary of the service responsible for the pro4 curement may waive this restriction on a case-by-case

5 basis by certifying in writing to the Committees on Appro6 priations that such an acquisition must be made in order

7 to acquire capability for national security purposes.

8 SEC. 8017. None of the funds appropriated by this

9 Act available for the Civilian Health and Medical Program

10 of the Uniformed Services (CHAMPUS) shall be available

11 for the reimbursement of any health care provider for in12 patient mental health service for care received when a pa13 tient is referred to a provider of inpatient mental health

14 care or residential treatment care by a medical or health

15 care professional having an economic interest in the facil16 ity to which the patient is referred: Provided, That this

17 limitation does not apply in the case of inpatient mental

18 health services provided under the program for the handi19 capped under subsection (d) of section 1079 of title 10,

20 United States Code, provided as partial hospital care, or

21 provided pursuant to a waiver authorized by the Secretary

22 of Defense because of medical or psychological cir23 cumstances of the patient that are confirmed by a health

24 professional who is not a Federal employee after a review,

25 pursuant to rules prescribed by the Secretary, which takes
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1 into account the appropriate level of care for the patient,

2 the intensity of services required by the patient, and the

3 availability of that care.

4 SEC. 8018. Funds available in this Act may be used

5 to provide transportation for the next-of-kin of individuals

6 who have been prisoners of war or missing in action from

7 the Vietnam era to an annual meeting in the United

8 States, under such regulations as the Secretary of Defense

9 may prescribe.

10 SEC. 8019. Notwithstanding any other provision of

11 law, during the current fiscal year, the Secretary of De12 fense may, by executive agreement, establish with host na13 tion governments in NATO member states a separate ac14 count into which such residual value amounts negotiated

15 in the return of United States military installations in

16 NATO member states may be deposited, in the currency

17 of the host nation, in lieu of direct monetary transfers to

18 the United States Treasury: Provided, That such credits

19 may be utilized only for the construction of facilities to

20 support United States military forces in that host nation,

21 or such real property maintenance and base operating

22 costs that are currently executed through monetary trans23 fers to such host nations: Provided further, That the De24 partment of Defense’s budget submission for fiscal year

25 2001 shall identify such sums anticipated in residual value
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1 settlements, and identify such construction, real property

2 maintenance or base operating costs that shall be funded

3 by the host nation through such credits: Provided further,

4 That all military construction projects to be executed from

5 such accounts must be previously approved in a prior Act

6 of Congress: Provided further, That each such executive

7 agreement with a NATO member host nation shall be re8 ported to the congressional defense committees, the Com9 mittee on International Relations of the House of Rep10 resentatives and the Committee on Foreign Relations of

11 the Senate 30 days prior to the conclusion and endorse12 ment of any such agreement established under this provi13 sion.

14 SEC. 8020. None of the funds available to the De15 partment of Defense may be used to demilitarize or dis16 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,

17 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols.

18 SEC. 8021. Notwithstanding any other provision of

19 law, none of the funds appropriated by this Act shall be

20 available to pay more than 50 per centum of an amount

21 paid to any person under section 308 of title 37, United

22 States Code, in a lump sum.

23 SEC. 8022. No more than $500,000 of the funds ap24 propriated or made available in this Act shall be used dur25 ing a single fiscal year for any single relocation of an orga-
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1 nization, unit, activity or function of the Department of

2 Defense into or within the National Capital Region: Pro3 vided, That the Secretary of Defense may waive this re4 striction on a case-by-case basis by certifying in writing

5 to the congressional defense committees that such a relo6 cation is required in the best interest of the Government.

7 SEC. 8023. A member of a reserve component whose

8 unit or whose residence is located in a State which is not

9 contiguous with another State is authorized to travel in

10 a space required status on aircraft of the Armed Forces

11 between home and place of inactive duty training, or place

12 of duty in lieu of unit training assembly, when there is

13 no road or railroad transportation (or combination of road

14 and railroad transportation between those locations): Pro15 vided, That a member traveling in that status on a mili16 tary aircraft pursuant to the authority provided in this

17 section is not authorized to receive travel, transportation,

18 or per diem allowances in connection with that travel.

19 SEC. 8024. In addition to the funds provided else20 where in this Act, $8,000,000 is appropriated only for in21 centive payments authorized by section 504 of the Indian

22 Financing Act of 1974 (25 U.S.C. 1544): Provided, That

23 contractors participating in the test program established

24 by section 854 of Public Law 101–189 (15 U.S.C. 637

25 note) shall be eligible for the program established by sec-
53

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1 tion 504 of the Indian Financing Act of 1974 (25 U.S.C.

2 1544).

3 SEC. 8025. During the current fiscal year, funds ap4 propriated or otherwise available for any Federal agency,

5 the Congress, the judicial branch, or the District of Co6 lumbia may be used for the pay, allowances, and benefits

7 of an employee as defined by section 2105 of title 5,

8 United States Code, or an individual employed by the gov9 ernment of the District of Columbia, permanent or tem10 porary indefinite, who—

11 (1) is a member of a Reserve component of the

12 Armed Forces, as described in section 10101 of title

13 10, United States Code, or the National Guard, as

14 described in section 101 of title 32, United States

15 Code;

16 (2) performs, for the purpose of providing mili17 tary aid to enforce the law or providing assistance

18 to civil authorities in the protection or saving of life

19 or property or prevention of injury—

20 (A) Federal service under sections 331,

21 332, 333, or 12406 of title 10, or other provi22 sion of law, as applicable; or

23 (B) full-time military service for his or her

24 State, the District of Columbia, the Common-
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1 wealth of Puerto Rico, or a territory of the

2 United States; and

3 (3) requests and is granted—

4 (A) leave under the authority of this sec5 tion; or

6 (B) annual leave, which may be granted

7 without regard to the provisions of sections

8 5519 and 6323(b) of title 5, if such employee

9 is otherwise entitled to such annual leave:

10 Provided, That any employee who requests leave under

11 subsection (3)(A) for service described in subsection (2)

12 of this section is entitled to such leave, subject to the pro13 visions of this section and of the last sentence of section

14 6323(b) of title 5, and such leave shall be considered leave

15 under section 6323(b) of title 5, United States Code.

16 SEC. 8026. None of the funds appropriated by this

17 Act shall be available to perform any cost study pursuant

18 to the provisions of OMB Circular A–76 if the study being

19 performed exceeds a period of 24 months after initiation

20 of such study with respect to a single function activity or

21 48 months after initiation of such study for a multi-func22 tion activity.

23 SEC. 8027. Funds appropriated by this Act for the

24 American Forces Information Service shall not be used for
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1 any national or international political or psychological ac2 tivities.

3 SEC. 8028. Notwithstanding any other provision of

4 law or regulation, the Secretary of Defense may adjust

5 wage rates for civilian employees hired for certain health

6 care occupations as authorized for the Secretary of Vet7 erans Affairs by section 7455 of title 38, United States

8 Code.

9 SEC. 8029. None of the funds appropriated or made

10 available in this Act shall be used to reduce or disestablish

11 the operation of the 53rd Weather Reconnaissance Squad12 ron of the Air Force Reserve, if such action would reduce

13 the WC–130 Weather Reconnaissance mission below the

14 levels funded in this Act.

15 SEC. 8030. (a) Of the funds for the procurement of

16 supplies or services appropriated by this Act, qualified

17 nonprofit agencies for the blind or other severely handi18 capped shall be afforded the maximum practicable oppor19 tunity to participate as subcontractors and suppliers in the

20 performance of contracts let by the Department of De21 fense.

22 (b) During the current fiscal year, a business concern

23 which has negotiated with a military service or defense

24 agency a subcontracting plan for the participation by

25 small business concerns pursuant to section 8(d) of the
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1 Small Business Act (15 U.S.C. 637(d)) shall be given

2 credit toward meeting that subcontracting goal for any

3 purchases made from qualified nonprofit agencies for the

4 blind or other severely handicapped.

5 (c) For the purpose of this section, the phrase ‘‘quali6 fied nonprofit agency for the blind or other severely handi7 capped’’ means a nonprofit agency for the blind or other

8 severely handicapped that has been approved by the Com9 mittee for the Purchase from the Blind and Other Severely

10 Handicapped under the Javits-Wagner-O’Day Act (41

11 U.S.C. 46–48).

12 SEC. 8031. During the current fiscal year, net re13 ceipts pursuant to collections from third party payers pur14 suant to section 1095 of title 10, United States Code, shall

15 be made available to the local facility of the uniformed

16 services responsible for the collections and shall be over

17 and above the facility’s direct budget amount.

18 SEC. 8032. During the current fiscal year, the De19 partment of Defense is authorized to incur obligations of

20 not to exceed $350,000,000 for purposes specified in sec21 tion 2350j(c) of title 10, United States Code, in anticipa22 tion of receipt of contributions, only from the Government

23 of Kuwait, under that section: Provided, That upon re24 ceipt, such contributions from the Government of Kuwait
57

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1 shall be credited to the appropriations or fund which in2 curred such obligations.

3 SEC. 8033. Of the funds made available in this Act,

4 not less than $26,470,000 shall be available for the Civil

5 Air Patrol Corporation, of which $18,000,000 shall be

6 available for Civil Air Patrol Corporation operation and

7 maintenance to support readiness activities which includes

8 $2,000,000 for the Civil Air Patrol counterdrug program:

9 Provided, That funds identified for ‘‘Civil Air Patrol’’

10 under this section are intended for and shall be for the

11 exclusive use of the Civil Air Patrol Corporation and not

12 for the Air Force or any unit thereof.

13 SEC. 8034. (a) None of the funds appropriated in this

14 Act are available to establish a new Department of De15 fense (department) federally funded research and develop16 ment center (FFRDC), either as a new entity, or as a

17 separate entity administrated by an organization man18 aging another FFRDC, or as a nonprofit membership cor19 poration consisting of a consortium of other FFRDCs and

20 other non-profit entities.

21 (b) LIMITATION ON COMPENSATION—FEDERALLY

22 FUNDED RESEARCH AND DEVELOPMENT CENTER

23 (FFRDC).—No member of a Board of Directors, Trust24 ees, Overseers, Advisory Group, Special Issues Panel, Vis25 iting Committee, or any similar entity of a defense
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1 FFRDC, and no paid consultant to any defense FFRDC,

2 except when acting in a technical advisory capacity, may

3 be compensated for his or her services as a member of

4 such entity, or as a paid consultant by more than one

5 FFRDC in a fiscal year: Provided, That a member of any

6 such entity referred to previously in this subsection shall

7 be allowed travel expenses and per diem as authorized

8 under the Federal Joint Travel Regulations, when en9 gaged in the performance of membership duties.

10 (c) Notwithstanding any other provision of law, none

11 of the funds available to the department from any source

12 during fiscal 2000 may be used by a defense FFRDC,

13 through a fee or other payment mechanism, for construc14 tion of new buildings, for payment of cost sharing for

15 projects funded by government grants, for absorption of

16 contract overruns, or for certain charitable contributions,

17 not to include employee participation in community service

18 and/or development.

19 (d) Notwithstanding any other provision of law, of

20 the funds available to the department during fiscal year

21 2000, not more than 6,100 staff years of technical effort

22 (staff years) may be funded for defense FFRDCs: Pro23 vided, That of the specific amount referred to previously

24 in this subsection, not more than 1,000 staff years may

25 be funded for the defense studies and analysis FFRDCs.
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1 (e) The Secretary of Defense shall, with the submis2 sion of the department’s fiscal year 2001 budget request,

3 submit a report presenting the specific amounts of staff

4 years of technical effort to be allocated for each defense

5 FFRDC during that fiscal year.

6 SEC. 8035. None of the funds appropriated or made

7 available in this Act shall be used to procure carbon, alloy

8 or armor steel plate for use in any Government-owned fa9 cility or property under the control of the Department of

10 Defense which were not melted and rolled in the United

11 States or Canada: Provided, That these procurement re12 strictions shall apply to any and all Federal Supply Class

13 9515, American Society of Testing and Materials (ASTM)

14 or American Iron and Steel Institute (AISI) specifications

15 of carbon, alloy or armor steel plate: Provided further,

16 That the Secretary of the military department responsible

17 for the procurement may waive this restriction on a case18 by-case basis by certifying in writing to the Committees

19 on Appropriations of the House of Representatives and the

20 Senate that adequate domestic supplies are not available

21 to meet Department of Defense requirements on a timely

22 basis and that such an acquisition must be made in order

23 to acquire capability for national security purposes: Pro24 vided further, That these restrictions shall not apply to
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1 contracts which are in being as of the date of the enact2 ment of this Act.

3 SEC. 8036. For the purposes of this Act, the term

4 ‘‘congressional defense committees’’ means the Armed

5 Services Committee of the House of Representatives, the

6 Armed Services Committee of the Senate, the Sub7 committee on Defense of the Committee on Appropriations

8 of the Senate, and the Subcommittee on Defense of the

9 Committee on Appropriations of the House of Representa10 tives.

11 SEC. 8037. During the current fiscal year, the De12 partment of Defense may acquire the modification, depot

13 maintenance and repair of aircraft, vehicles and vessels

14 as well as the production of components and other De15 fense-related articles, through competition between De16 partment of Defense depot maintenance activities and pri17 vate firms: Provided, That the Senior Acquisition Execu18 tive of the military department or defense agency con19 cerned, with power of delegation, shall certify that success20 ful bids include comparable estimates of all direct and in21 direct costs for both public and private bids: Provided fur22 ther, That Office of Management and Budget Circular A–

23 76 shall not apply to competitions conducted under this

24 section.
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1 SEC. 8038. (a)(1) If the Secretary of Defense, after

2 consultation with the United States Trade Representative,

3 determines that a foreign country which is party to an

4 agreement described in paragraph (2) has violated the

5 terms of the agreement by discriminating against certain

6 types of products produced in the United States that are

7 covered by the agreement, the Secretary of Defense shall

8 rescind the Secretary’s blanket waiver of the Buy Amer9 ican Act with respect to such types of products produced

10 in that foreign country.

11 (2) An agreement referred to in paragraph (1) is any

12 reciprocal defense procurement memorandum of under13 standing, between the United States and a foreign country

14 pursuant to which the Secretary of Defense has prospec15 tively waived the Buy American Act for certain products

16 in that country.

17 (b) The Secretary of Defense shall submit to Con18 gress a report on the amount of Department of Defense

19 purchases from foreign entities in fiscal year 2000. Such

20 report shall separately indicate the dollar value of items

21 for which the Buy American Act was waived pursuant to

22 any agreement described in subsection (a)(2), the Trade

23 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

24 international agreement to which the United States is a

25 party.
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1 (c) For purposes of this section, the term ‘‘Buy

2 American Act’’ means title III of the Act entitled ‘‘An Act

3 making appropriations for the Treasury and Post Office

4 Departments for the fiscal year ending June 30, 1934,

5 and for other purposes’’, approved March 3, 1933 (41

6 U.S.C. 10a et seq.).

7 SEC. 8039. Appropriations contained in this Act that

8 remain available at the end of the current fiscal year as

9 a result of energy cost savings realized by the Department

10 of Defense shall remain available for obligation for the

11 next fiscal year to the extent, and for the purposes, pro12 vided in section 2865 of title 10, United States Code.

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8040. Amounts deposited during the current fis15 cal year to the special account established under 40 U.S.C.

16 485(h)(2) and to the special account established under 10

17 U.S.C. 2667(d)(1) are appropriated and shall be available

18 until transferred by the Secretary of Defense to current

19 applicable appropriations or funds of the Department of

20 Defense under the terms and conditions specified by 40

21 U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C.

22 2667(d)(1)(B), to be merged with and to be available for

23 the same time period and the same purposes as the appro24 priation to which transferred.

25 SEC. 8041. During the current fiscal year, appropria26 tions available to the Department of Defense may be used
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1 to reimburse a member of a reserve component of the

2 Armed Forces who is not otherwise entitled to travel and

3 transportation allowances and who occupies transient gov4 ernment housing while performing active duty for training

5 or inactive duty training: Provided, That such members

6 may be provided lodging in kind if transient government

7 quarters are unavailable as if the member was entitled to

8 such allowances under subsection (a) of section 404 of title

9 37, United States Code: Provided further, That if lodging

10 in kind is provided, any authorized service charge or cost

11 of such lodging may be paid directly from funds appro12 priated for operation and maintenance of the reserve com13 ponent of the member concerned.

14 SEC. 8042. The President shall include with each

15 budget for a fiscal year submitted to the Congress under

16 section 1105 of title 31, United States Code, materials

17 that shall identify clearly and separately the amounts re18 quested in the budget for appropriation for that fiscal year

19 for salaries and expenses related to administrative activi20 ties of the Department of Defense, the military depart21 ments, and the Defense agencies.

22 SEC. 8043. Notwithstanding any other provision of

23 law, funds available for ‘‘Drug Interdiction and Counter24 Drug Activities, Defense’’ may be obligated for the Young

25 Marines program.
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1 SEC. 8044. During the current fiscal year, amounts

2 contained in the Department of Defense Overseas Military

3 Facility Investment Recovery Account established by sec4 tion 2921(c)(1) of the National Defense Authorization Act

5 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall

6 be available until expended for the payments specified by

7 section 2921(c)(2) of that Act: Provided, That none of the

8 funds made available for expenditure under this section

9 may be transferred or obligated until thirty days after the

10 Secretary of Defense submits a report which details the

11 balance available in the Overseas Military Facility Invest12 ment Recovery Account, all projected income into the ac13 count during fiscal years 2000 and 2001, and the specific

14 expenditures to be made using funds transferred from this

15 account during fiscal year 2000.

16 SEC. 8045. Of the funds appropriated or otherwise

17 made available by this Act, not more than $119,200,000

18 shall be available for payment of the operating costs of

19 NATO Headquarters: Provided, That the Secretary of De20 fense may waive this section for Department of Defense

21 support provided to NATO forces in and around the

22 former Yugoslavia.

23 SEC. 8046. During the current fiscal year, appropria24 tions which are available to the Department of Defense

25 for operation and maintenance may be used to purchase
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1 items having an investment item unit cost of not more

2 than $100,000.

3 SEC. 8047. (a) During the current fiscal year, none

4 of the appropriations or funds available to the Department

5 of Defense Working Capital Funds shall be used for the

6 purchase of an investment item for the purpose of acquir7 ing a new inventory item for sale or anticipated sale dur8 ing the current fiscal year or a subsequent fiscal year to

9 customers of the Department of Defense Working Capital

10 Funds if such an item would not have been chargeable

11 to the Department of Defense Business Operations Fund

12 during fiscal year 1994 and if the purchase of such an

13 investment item would be chargeable during the current

14 fiscal year to appropriations made to the Department of

15 Defense for procurement.

16 (b) The fiscal year 2001 budget request for the De17 partment of Defense as well as all justification material

18 and other documentation supporting the fiscal year 2001

19 Department of Defense budget shall be prepared and sub20 mitted to the Congress on the basis that any equipment

21 which was classified as an end item and funded in a pro22 curement appropriation contained in this Act shall be

23 budgeted for in a proposed fiscal year 2001 procurement

24 appropriation and not in the supply management business
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1 area or any other area or category of the Department of

2 Defense Working Capital Funds.

3 SEC. 8048. None of the funds appropriated by this

4 Act for programs of the Central Intelligence Agency shall

5 remain available for obligation beyond the current fiscal

6 year, except for funds appropriated for the Reserve for

7 Contingencies, which shall remain available until Sep8 tember 30, 2001: Provided, That funds appropriated,

9 transferred, or otherwise credited to the Central Intel10 ligence Agency Central Services Working Capital Fund

11 during this or any prior or subsequent fiscal year shall

12 remain available until expended.

13 SEC. 8049. Notwithstanding any other provision of

14 law, funds made available in this Act for the Defense In15 telligence Agency may be used for the design, develop16 ment, and deployment of General Defense Intelligence

17 Program intelligence communications and intelligence in18 formation systems for the Services, the Unified and Speci19 fied Commands, and the component commands.

20 SEC. 8050. Of the funds appropriated by the Depart21 ment of Defense under the heading ‘‘Operation and Main22 tenance, Defense-Wide’’, not less than $8,000,000 shall be

23 made available only for the mitigation of environmental

24 impacts, including training and technical assistance to

25 tribes, related administrative support, the gathering of in-
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1 formation, documenting of environmental damage, and de2 veloping a system for prioritization of mitigation and cost

3 to complete estimates for mitigation, on Indian lands re4 sulting from Department of Defense activities.

5 SEC. 8051. Amounts collected for the use of the fa6 cilities of the National Science Center for Communications

7 and Electronics during the current fiscal year pursuant

8 to section 1459(g) of the Department of Defense Author9 ization Act, 1986, and deposited to the special account es10 tablished under subsection 1459(g)(2) of that Act are ap11 propriated and shall be available until expended for the

12 operation and maintenance of the Center as provided for

13 in subsection 1459(g)(2).

14 SEC. 8052. None of the funds appropriated in this

15 Act may be used to fill the commander’s position at any

16 military medical facility with a health care professional

17 unless the prospective candidate can demonstrate profes18 sional administrative skills.

19 SEC. 8053. (a) None of the funds appropriated in this

20 Act may be expended by an entity of the Department of

21 Defense unless the entity, in expending the funds, com22 plies with the Buy American Act. For purposes of this

23 subsection, the term ‘‘Buy American Act’’ means title III

24 of the Act entitled ‘‘An Act making appropriations for the

25 Treasury and Post Office Departments for the fiscal year
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1 ending June 30, 1934, and for other purposes’’, approved

2 March 3, 1933 (41 U.S.C. 10a et seq.).

3 (b) If the Secretary of Defense determines that a per4 son has been convicted of intentionally affixing a label

5 bearing a ‘‘Made in America’’ inscription to any product

6 sold in or shipped to the United States that is not made

7 in America, the Secretary shall determine, in accordance

8 with section 2410f of title 10, United States Code, wheth9 er the person should be debarred from contracting with

10 the Department of Defense.

11 (c) In the case of any equipment or products pur12 chased with appropriations provided under this Act, it is

13 the sense of the Congress that any entity of the Depart14 ment of Defense, in expending the appropriation, purchase

15 only American-made equipment and products, provided

16 that American-made equipment and products are cost17 competitive, quality-competitive, and available in a timely

18 fashion.

19 SEC. 8054. None of the funds appropriated by this

20 Act shall be available for a contract for studies, analysis,

21 or consulting services entered into without competition on

22 the basis of an unsolicited proposal unless the head of the

23 activity responsible for the procurement determines—
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1 (1) as a result of thorough technical evaluation,

2 only one source is found fully qualified to perform

3 the proposed work;

4 (2) the purpose of the contract is to explore an

5 unsolicited proposal which offers significant sci6 entific or technological promise, represents the prod7 uct of original thinking, and was submitted in con8 fidence by one source; or

9 (3) the purpose of the contract is to take ad10 vantage of unique and significant industrial accom11 plishment by a specific concern, or to insure that a

12 new product or idea of a specific concern is given fi13 nancial support:

14 Provided, That this limitation shall not apply to contracts

15 in an amount of less than $25,000, contracts related to

16 improvements of equipment that is in development or pro17 duction, or contracts as to which a civilian official of the

18 Department of Defense, who has been confirmed by the

19 Senate, determines that the award of such contract is in

20 the interest of the national defense.

21 SEC. 8055. (a) Except as provided in subsections (b)

22 and (c), none of the funds made available by this Act may

23 be used—

24 (1) to establish a field operating agency; or
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1 (2) to pay the basic pay of a member of the

2 Armed Forces or civilian employee of the depart3 ment who is transferred or reassigned from a head4 quarters activity if the member or employee’s place

5 of duty remains at the location of that headquarters.

6 (b) The Secretary of Defense or Secretary of a mili7 tary department may waive the limitations in subsection

8 (a), on a case-by-case basis, if the Secretary determines,

9 and certifies to the Committees on Appropriations of the

10 House of Representatives and Senate that the granting

11 of the waiver will reduce the personnel requirements or

12 the financial requirements of the department.

13 (c) This section does not apply to field operating

14 agencies funded within the National Foreign Intelligence

15 Program.

16 SEC. 8056. Funds appropriated by this Act for intel17 ligence activities are deemed to be specifically authorized

18 by the Congress for purposes of section 504 of the Na19 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

20 year 2000 until the enactment of the Intelligence Author21 ization Act for Fiscal Year 2000.

22 SEC. 8057. Notwithstanding section 303 of Public

23 Law 96–487 or any other provision of law, the Secretary

24 of the Navy is authorized to lease real and personal prop25 erty at Naval Air Facility, Adak, Alaska, pursuant to 10
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1 U.S.C. 2667(f), for commercial, industrial or other pur2 poses: Provided, That notwithstanding any other provision

3 of law, the Secretary of the Navy may remove hazardous

4 materials from facilities, buildings, and structures at

5 Adak, Alaska, and may demolish or otherwise dispose of

6 such facilities, buildings, and structures.

7 (RESCISSIONS)

8 SEC. 8058. Of the funds provided in Department of

9 Defense Appropriations Acts, the following funds are here10 by rescinded as of the date of the enactment of this Act

11 from the following accounts and programs in the specified

12 amounts:

13 Under the heading, ‘‘Other Procurement, Air

14 Force, 1999/2001’’, $5,405,000;

15 Under the heading, ‘‘Missile Procurement, Air

16 Force, 1999/2001’’, $8,000,000 ; and

17 Under the heading, ‘‘Research, Development,

18 Test and Evaluation, Air Force, 1999/2000’’,

19 $40,000,000.

20 SEC. 8059. None of the funds available in this Act

21 may be used to reduce the authorized positions for mili22 tary (civilian) technicians of the Army National Guard,

23 the Air National Guard, Army Reserve and Air Force Re24 serve for the purpose of applying any administratively im25 posed civilian personnel ceiling, freeze, or reduction on
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1 military (civilian) technicians, unless such reductions are

2 a direct result of a reduction in military force structure.

3 SEC. 8060. None of the funds appropriated or other4 wise made available in this Act may be obligated or ex5 pended for assistance to the Democratic People’s Republic

6 of North Korea unless specifically appropriated for that

7 purpose.

8 SEC. 8061. During the current fiscal year, funds ap9 propriated in this Act are available to compensate mem10 bers of the National Guard for duty performed pursuant

11 to a plan submitted by a Governor of a State and approved

12 by the Secretary of Defense under section 112 of title 32,

13 United States Code: Provided, That during the perform14 ance of such duty, the members of the National Guard

15 shall be under State command and control: Provided fur16 ther, That such duty shall be treated as full-time National

17 Guard duty for purposes of sections 12602(a)(2) and

18 (b)(2) of title 10, United States Code.

19 SEC. 8062. Funds appropriated in this Act for oper20 ation and maintenance of the Military Departments, Uni21 fied and Specified Commands and Defense Agencies shall

22 be available for reimbursement of pay, allowances and

23 other expenses which would otherwise be incurred against

24 appropriations for the National Guard and Reserve when

25 members of the National Guard and Reserve provide intel-
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1 ligence or counterintelligence support to Unified Com2 mands, Defense Agencies and Joint Intelligence Activities,

3 including the activities and programs included within the

4 National Foreign Intelligence Program (NFIP), the Joint

5 Military Intelligence Program (JMIP), and the Tactical

6 Intelligence and Related Activities (TIARA) aggregate:

7 Provided, That nothing in this section authorizes deviation

8 from established Reserve and National Guard personnel

9 and training procedures.

10 SEC. 8063. During the current fiscal year, none of

11 the funds appropriated in this Act may be used to reduce

12 the civilian medical and medical support personnel as13 signed to military treatment facilities below the September

14 30, 1999 level: Provided, That the Service Surgeons Gen15 eral may waive this section by certifying to the congres16 sional defense committees that the beneficiary population

17 is declining in some catchment areas and civilian strength

18 reductions may be consistent with responsible resource

19 stewardship and capitation-based budgeting.

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8064. (a) None of the funds appropriated in this

22 Act may be transferred to or obligated from the Pentagon

23 Reservation Maintenance Revolving Fund, unless the Sec24 retary of Defense certifies that the total cost for the plan25 ning, design, construction and installation of equipment
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1 for the renovation of the Pentagon Reservation will not

2 exceed $1,222,000,000.

3 (b) The Secretary shall, in conjunction with the Pen4 tagon Renovation, design and construct secure secretarial

5 offices and support facilities and security-related changes

6 to the subway entrance at the Pentagon Reservation.

7 SEC. 8065. (a) None of the funds available to the

8 Department of Defense for any fiscal year for drug inter9 diction or counter-drug activities may be transferred to

10 any other department or agency of the United States ex11 cept as specifically provided in an appropriations law.

12 (b) None of the funds available to the Central Intel13 ligence Agency for any fiscal year for drug interdiction

14 and counter-drug activities may be transferred to any

15 other department or agency of the United States except

16 as specifically provided in an appropriations law.

17 (TRANSFER OF FUNDS)

18 SEC. 8066. Appropriations available in this Act under

19 the heading ‘‘Operation and Maintenance, Defense-Wide’’

20 for increasing energy and water efficiency in Federal

21 buildings may, during their period of availability, be trans22 ferred to other appropriations or funds of the Department

23 of Defense for projects related to increasing energy and

24 water efficiency, to be merged with and to be available

25 for the same general purposes, and for the same time pe26 riod, as the appropriation or fund to which transferred.
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1 SEC. 8067. None of the funds appropriated by this

2 Act may be used for the procurement of ball and roller

3 bearings other than those produced by a domestic source

4 and of domestic origin: Provided, That the Secretary of

5 the military department responsible for such procurement

6 may waive this restriction on a case-by-case basis by certi7 fying in writing to the Committees on Appropriations of

8 the House of Representatives and the Senate, that ade9 quate domestic supplies are not available to meet Depart10 ment of Defense requirements on a timely basis and that

11 such an acquisition must be made in order to acquire ca12 pability for national security purposes.

13 SEC. 8068. Notwithstanding any other provision of

14 law, funds available to the Department of Defense shall

15 be made available to provide transportation of medical

16 supplies and equipment, on a nonreimbursable basis, to

17 American Samoa, and funds available to the Department

18 of Defense shall be made available to provide transpor19 tation of medical supplies and equipment, on a non20 reimbursable basis, to the Indian Health Service when it

21 is in conjunction with a civil-military project.

22 SEC. 8069. None of the funds in this Act may be

23 used to purchase any supercomputer which is not manu24 factured in the United States, unless the Secretary of De25 fense certifies to the congressional defense committees
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1 that such an acquisition must be made in order to acquire

2 capability for national security purposes that is not avail3 able from United States manufacturers.

4 SEC. 8070. Notwithstanding any other provision of

5 law, each contract awarded by the Department of Defense

6 during the current fiscal year for construction or service

7 performed in whole or in part in a State which is not con8 tiguous with another State and has an unemployment rate

9 in excess of the national average rate of unemployment

10 as determined by the Secretary of Labor, shall include a

11 provision requiring the contractor to employ, for the pur12 pose of performing that portion of the contract in such

13 State that is not contiguous with another State, individ14 uals who are residents of such State and who, in the case

15 of any craft or trade, possess or would be able to acquire

16 promptly the necessary skills: Provided, That the Sec17 retary of Defense may waive the requirements of this sec18 tion, on a case-by-case basis, in the interest of national

19 security.

20 SEC. 8071. During the current fiscal year, the Army

21 shall use the former George Air Force Base as the airhead

22 for the National Training Center at Fort Irwin: Provided,

23 That none of the funds in this Act shall be obligated or

24 expended to transport Army personnel into Edwards Air
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1 Force Base for training rotations at the National Training

2 Center.

3 SEC. 8072. (a) The Secretary of Defense shall sub4 mit, on a quarterly basis, a report to the congressional

5 defense committees, the Committee on International Rela6 tions of the House of Representatives and the Committee

7 on Foreign Relations of the Senate setting forth all costs

8 (including incremental costs) incurred by the Department

9 of Defense during the preceding quarter in implementing

10 or supporting resolutions of the United Nations Security

11 Council, including any such resolution calling for inter12 national sanctions, international peacekeeping operations,

13 and humanitarian missions undertaken by the Depart14 ment of Defense. The quarterly report shall include an ag15 gregate of all such Department of Defense costs by oper16 ation or mission.

17 (b) The Secretary of Defense shall detail in the quar18 terly reports all efforts made to seek credit against past

19 United Nations expenditures and all efforts made to seek

20 compensation from the United Nations for costs incurred

21 by the Department of Defense in implementing and sup22 porting United Nations activities.

23 SEC. 8073. (a) LIMITATION ON TRANSFER OF DE24 FENSE ARTICLES AND SERVICES.—Notwithstanding any

25 other provision of law, none of the funds available to the
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1 Department of Defense for the current fiscal year may be

2 obligated or expended to transfer to another nation or an

3 international organization any defense articles or services

4 (other than intelligence services) for use in the activities

5 described in subsection (b) unless the congressional de6 fense committees, the Committee on International Rela7 tions of the House of Representatives, and the Committee

8 on Foreign Relations of the Senate are notified 15 days

9 in advance of such transfer.

10 (b) COVERED ACTIVITIES.—This section applies to—

11 (1) any international peacekeeping or peace-en12 forcement operation under the authority of chapter

13 VI or chapter VII of the United Nations Charter

14 under the authority of a United Nations Security

15 Council resolution; and

16 (2) any other international peacekeeping, peace17 enforcement, or humanitarian assistance operation.

18 (c) REQUIRED NOTICE.—A notice under subsection

19 (a) shall include the following:

20 (1) A description of the equipment, supplies, or

21 services to be transferred.

22 (2) A statement of the value of the equipment,

23 supplies, or services to be transferred.

24 (3) In the case of a proposed transfer of equip25 ment or supplies—
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1 (A) a statement of whether the inventory

2 requirements of all elements of the Armed

3 Forces (including the reserve components) for

4 the type of equipment or supplies to be trans5 ferred have been met; and

6 (B) a statement of whether the items pro7 posed to be transferred will have to be replaced

8 and, if so, how the President proposes to pro9 vide funds for such replacement.

10 SEC. 8074. To the extent authorized by subchapter

11 VI of chapter 148 of title 10, United States Code, the

12 Secretary of Defense shall issue loan guarantees in sup13 port of United States defense exports not otherwise pro14 vided for: Provided, That the total contingent liability of

15 the United States for guarantees issued under the author16 ity of this section may not exceed $15,000,000,000: Pro17 vided further, That the exposure fees charged and collected

18 by the Secretary for each guarantee, shall be paid by the

19 country involved and shall not be financed as part of a

20 loan guaranteed by the United States: Provided further,

21 That the Secretary shall provide quarterly reports to the

22 Committees on Appropriations, Armed Services and For23 eign Relations of the Senate and the Committees on Ap24 propriations, Armed Services and International Relations

25 in the House of Representatives on the implementation of
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1 this program: Provided further, That amounts charged for

2 administrative fees and deposited to the special account

3 provided for under section 2540c(d) of title 10, shall be

4 available for paying the costs of administrative expenses

5 of the Department of Defense that are attributable to the

6 loan guarantee program under subchapter VI of chapter

7 148 of title 10, United States Code.

8 SEC. 8075. None of the funds available to the De9 partment of Defense under this Act shall be obligated or

10 expended to pay a contractor under a contract with the

11 Department of Defense for costs of any amount paid by

12 the contractor to an employee when—

13 (1) such costs are for a bonus or otherwise in

14 excess of the normal salary paid by the contractor

15 to the employee; and

16 (2) such bonus is part of restructuring costs as17 sociated with a business combination.

18 SEC. 8076. (a) None of the funds appropriated or

19 otherwise made available in this Act may be used to trans20 port or provide for the transportation of chemical muni21 tions or agents to the Johnston Atoll for the purpose of

22 storing or demilitarizing such munitions or agents.

23 (b) The prohibition in subsection (a) shall not apply

24 to any obsolete World War II chemical munition or agent
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1 of the United States found in the World War II Pacific

2 Theater of Operations.

3 (c) The President may suspend the application of

4 subsection (a) during a period of war in which the United

5 States is a party.

6 SEC. 8077. None of the funds provided in title II of

7 this Act for ‘‘Former Soviet Union Threat Reduction’’

8 may be obligated or expended to finance housing for any

9 individual who was a member of the military forces of the

10 Soviet Union or for any individual who is or was a member

11 of the military forces of the Russian Federation.

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8078. During the current fiscal year, no more

14 than $10,000,000 of appropriations made in this Act

15 under the heading ‘‘Operation and Maintenance, Defense16 Wide’’ may be transferred to appropriations available for

17 the pay of military personnel, to be merged with, and to

18 be available for the same time period as the appropriations

19 to which transferred, to be used in support of such per20 sonnel in connection with support and services for eligible

21 organizations and activities outside the Department of De22 fense pursuant to section 2012 of title 10, United States

23 Code.

24 SEC. 8079. For purposes of section 1553(b) of title

25 31, United States Code, any subdivision of appropriations

26 made in this Act under the heading ‘‘Shipbuilding and
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1 Conversion, Navy’’ shall be considered to be for the same

2 purpose as any subdivision under the heading ‘‘Ship3 building and Conversion, Navy’’ appropriations in any

4 prior year, and the 1 percent limitation shall apply to the

5 total amount of the appropriation.

6 SEC. 8080. During the current fiscal year, in the case

7 of an appropriation account of the Department of Defense

8 for which the period of availability for obligation has ex9 pired or which has closed under the provisions of section

10 1552 of title 31, United States Code, and which has a

11 negative unliquidated or unexpended balance, an obliga12 tion or an adjustment of an obligation may be charged

13 to any current appropriation account for the same purpose

14 as the expired or closed account if—

15 (1) the obligation would have been properly

16 chargeable (except as to amount) to the expired or

17 closed account before the end of the period of avail18 ability or closing of that account;

19 (2) the obligation is not otherwise properly

20 chargeable to any current appropriation account of

21 the Department of Defense; and

22 (3) in the case of an expired account, the obli23 gation is not chargeable to a current appropriation

24 of the Department of Defense under the provisions

25 of section 1405(b)(8) of the National Defense Au-
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1 thorization Act for Fiscal Year 1991, Public Law

2 101–510, as amended (31 U.S.C. 1551 note): Pro3 vided, That in the case of an expired account, if sub4 sequent review or investigation discloses that there

5 was not in fact a negative unliquidated or unex6 pended balance in the account, any charge to a cur7 rent account under the authority of this section shall

8 be reversed and recorded against the expired ac9 count: Provided further, That the total amount

10 charged to a current appropriation under this sec11 tion may not exceed an amount equal to 1 percent

12 of the total appropriation for that account.

13 (TRANSFER OF FUNDS)

14 SEC. 8081. Upon enactment of this Act, the Sec15 retary of Defense shall make the following transfers of

16 funds: Provided, That the amounts transferred shall be

17 available for the same purposes as the appropriations to

18 which transferred, and for the same time period as the

19 appropriation from which transferred: Provided further,

20 That the amounts shall be transferred between the fol21 lowing appropriations in the amount specified:

22 From:

23 Under the heading, ‘‘Shipbuilding and

24 Conversion, Navy, 1988/2001’’:

25 SSN–688 attack submarine program,

26 $6,585,000;
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1 CG–47 cruiser program, $12,100,000;

2 Aircraft carrier service life extension

3 program, $202,000;

4 LHD–1 amphibious assault ship pro5 gram, $2,311,000;

6 LSD–41 cargo variant ship program,

7 $566,000;

8 T–AO fleet oiler program,

9 $3,494,000;

10 AO conversion program, $133,000;

11 Craft, outfitting, and post delivery,

12 $1,688,000;

13 To:

14 Under the heading, ‘‘Shipbuilding and

15 Conversion, Navy, 1995/2001’’:

16 DDG–51 destroyer program,

17 $27,079,000;

18 From:

19 Under the heading, ‘‘Shipbuilding and

20 Conversion, Navy, 1989/2000’’:

21 DDG–51 destroyer program,

22 $13,200,000;

23 Aircraft carrier service life extension

24 program, $186,000;
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1 LHD–1 amphibious assault ship pro2 gram, $3,621,000;

3 LCAC landing craft, air cushioned

4 program, $1,313,000;

5 T–AO fleet oiler program, $258,000;

6 AOE combat support ship program,

7 $1,078,000;

8 AO conversion program, $881,000;

9 T–AGOS drug interdiction conversion,

10 $407,000;

11 Outfitting and post delivery,

12 $219,000;

13 To:

14 Under the heading, ‘‘Shipbuilding and

15 Conversion, Navy, 1996/2000’’:

16 LPD–17 amphibious transport dock

17 ship, $21,163,000;

18 From:

19 Under the heading, ‘‘Shipbuilding and

20 Conversion, Navy, 1990/2002’’:

21 SSN–688 attack submarine program,

22 $5,606,000;

23 DDG–51 destroyer program,

24 $6,000,000;
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1 ENTERPRISE refueling/moderniza2 tion program, $2,306,000;

3 LHD–1 amphibious assault ship pro4 gram, $183,000;

5 LSD–41 dock landing ship cargo vari6 ant program, $501,000;

7 LCAC landing craft, air cushioned

8 program, $345,000;

9 MCM mine countermeasures program,

10 $1,369,000;

11 Moored training ship demonstration

12 program, $1,906,000;

13 Oceanographic ship program,

14 $1,296,000;

15 AOE combat support ship program,

16 $4,086,000;

17 AO conversion program, $143,000;

18 Craft, outfitting, post delivery, and

19 ship special support equipment,

20 $1,209,000;

21 To:

22 Under the heading, ‘‘Shipbuilding and

23 Conversion, Navy, 1990/2002’’:

24 T–AGOS surveillance ship program,

25 $5,000,000;
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1 Coast Guard icebreaker program,

2 $8,153,000;

3 Under the heading, ‘‘Shipbuilding and

4 Conversion, Navy, 1996/2002’’:

5 LPD–17 amphibious transport dock

6 ship, $7,192,000;

7 Under the heading, ‘‘Shipbuilding and

8 Conversion, Navy, 1998/2002’’:

9 CVN refuelings, $4,605,000;

10 From:

11 Under the heading, ‘‘Shipbuilding and

12 Conversion, Navy, 1991/2001’’:

13 SSN–21(AP) attack submarine pro14 gram, $1,614,000;

15 LHD–1 amphibious assault ship pro16 gram, $5,647,000;

17 LSD–41 dock landing ship cargo vari18 ant program, $1,389,000;

19 LCAC landing craft, air cushioned

20 program, $330,000;

21 AOE combat support ship program,

22 $1,435,000;

23 To:

24 Under the heading, ‘‘Shipbuilding and

25 Conversion, Navy, 1998/2001’’:
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1 CVN refuelings, $10,415,000;

2 From:

3 Under the heading, ‘‘Shipbuilding and

4 Conversion, Navy, 1992/2001’’:

5 SSN–21 attack submarine program,

6 $11,983,000;

7 Craft, outfitting, post delivery, and

8 DBOF transfer, $836,000;

9 Escalation, $5,378,000;

10 To:

11 Under the heading, ‘‘Shipbuilding and

12 Conversion, Navy, 1998/2001’’:

13 CVN refuelings, $18,197,000;

14 From:

15 Under the heading, ‘‘Shipbuilding and

16 Conversion, Navy, 1993/2002’’:

17 Carrier replacement program(AP),

18 $30,332,000;

19 LSD–41 cargo variant ship program,

20 $676,000;

21 AOE combat support ship program,

22 $2,066,000;

23 Craft, outfitting, post delivery, and

24 first destination transportation, and infla25 tion adjustments, $2,127,000;
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1 To:

2 Under the heading, ‘‘Shipbuilding and

3 Conversion, Navy, 1998/2002’’:

4 CVN refuelings, $29,884,000;

5 Under the heading, ‘‘Shipbuilding and

6 Conversion, Navy, 1999/2002’’:

7 Craft, outfitting, post delivery, conver8 sions, and first destination transportation,

9 $5,317,000;

10 From:

11 Under the heading, ‘‘Shipbuilding and

12 Conversion, Navy, 1994/2003’’:

13 LHD–1 amphibious assault ship pro14 gram, $18,349,000;

15 Oceanographic ship program, $9,000;

16 To:

17 Under the heading, ‘‘Shipbuilding and

18 Conversion, Navy, 1994/2003’’:

19 DDG–51 destroyer program,

20 $18,349,000;

21 Under the heading, ‘‘Shipbuilding and

22 Conversion, Navy, 1999/2003’’:

23 Craft, outfitting, post delivery, conver24 sions, and first destination transportation,

25 $9,000;
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1 From:

2 Under the heading, ‘‘Shipbuilding and

3 Conversion, Navy, 1996/2000’’:

4 SSN–21 attack submarine program,

5 $10,100,000;

6 LHD–1 amphibious assault ship pro7 gram, $7,100,000;

8 To:

9 Under the heading, ‘‘Shipbuilding and

10 Conversion, Navy, 1996/2000’’:

11 DDG–51 destroyer program,

12 $3,723,000;

13 LPD–17 amphibious transport dock

14 ship, $13,477,000.

15 SEC. 8082. Funds appropriated in title II of this Act

16 and for the Defense Health Program in title VI of this

17 Act for supervision and administration costs for facilities

18 maintenance and repair, minor construction, or design

19 projects may be obligated at the time the reimbursable

20 order is accepted by the performing activity: Provided,

21 That for the purpose of this section, supervision and ad22 ministration costs includes all in-house Government cost.

23 SEC. 8083. During the current fiscal year, the Sec24 retary of Defense may waive reimbursement of the cost

25 of conferences, seminars, courses of instruction, or similar
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1 educational activities of the Asia-Pacific Center for Secu2 rity Studies for military officers and civilian officials of

3 foreign nations if the Secretary determines that attend4 ance by such personnel, without reimbursement, is in the

5 national security interest of the United States: Provided,

6 That costs for which reimbursement is waived pursuant

7 to this subsection shall be paid from appropriations avail8 able for the Asia-Pacific Center.

9 SEC. 8084. (a) Notwithstanding any other provision

10 of law, the Chief of the National Guard Bureau may per11 mit the use of equipment of the National Guard Distance

12 Learning Project by any person or entity on a space-avail13 able, reimbursable basis. The Chief of the National Guard

14 Bureau shall establish the amount of reimbursement for

15 such use on a case-by-case basis.

16 (b) Amounts collected under subsection (a) shall be

17 credited to funds available for the National Guard Dis18 tance Learning Project and be available to defray the costs

19 associated with the use of equipment of the project under

20 that subsection. Such funds shall be available for such

21 purposes without fiscal year limitation.

22 SEC. 8085. Using funds available by this Act or any

23 other Act, the Secretary of the Air Force, pursuant to a

24 determination under section 2690 of title 10, United

25 States Code, may implement cost-effective agreements for
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1 required heating facility modernization in the

2 Kaiserslautern Military Community in the Federal Repub3 lic of Germany: Provided, That in the City of

4 Kaiserslautern such agreements will include the use of

5 United States anthracite as the base load energy for mu6 nicipal district heat to the United States Defense installa7 tions: Provided further, That at Landstuhl Army Regional

8 Medical Center and Ramstein Air Base, furnished heat

9 may be obtained from private, regional or municipal serv10 ices, if provisions are included for the consideration of

11 United States coal as an energy source.

12 SEC. 8086. During the current fiscal year, refunds

13 attributable to the use of the Government travel card and

14 the Government Purchase Card by military personnel and

15 civilian employees of the Department of Defense and re16 funds attributable to official Government travel arranged

17 by Government Contracted Travel Management Centers

18 may be credited to the accounts current when the refunds

19 are received that are available for the same purposes as

20 the accounts originally charged.

21 SEC. 8087. Notwithstanding 31 U.S.C. 3902, during

22 the current fiscal year, interest penalties may be paid by

23 the Department of Defense from funds financing the oper24 ation of the military department or defense agency with

25 which the invoice or contract payment is associated.
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1 SEC. 8088. (a) The Secretary of Defense may, on a

2 case-by-case basis, waive with respect to a foreign country

3 each limitation on the procurement of defense items from

4 foreign sources provided in law if the Secretary determines

5 that the application of the limitation with respect to that

6 country would invalidate cooperative programs entered

7 into between the Department of Defense and the foreign

8 country, or would invalidate reciprocal trade agreements

9 for the procurement of defense items entered into under

10 section 2531 of title 10, United States Code, and the

11 country does not discriminate against the same or similar

12 defense items produced in the United States for that coun13 try.

14 (b) Subsection (a) applies with respect to—

15 (1) contracts and subcontracts entered into on

16 or after the date of the enactment of this Act; and

17 (2) options for the procurement of items that

18 are exercised after such date under contracts that

19 are entered into before such date if the option prices

20 are adjusted for any reason other than the applica21 tion of a waiver granted under subsection (a).

22 (c) Subsection (a) does not apply to a limitation re23 garding construction of public vessels, ball and roller bear24 ings, food, and clothing or textile materials as defined by

25 section 11 (chapters 50–65) of the Harmonized Tariff
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1 Schedule and products classified under headings 4010,

2 4202, 4203, 6401 through 6406, 6505, 7019, 7218

3 through 7229, 7304.41 through 7304.49, 7306.40, 7502

4 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

5 SEC. 8089. Funds made available to the Civil Air Pa6 trol in this Act under the heading ‘‘Drug Interdiction and

7 Counter-Drug Activities, Defense’’ may be used for the

8 Civil Air Patrol Corporation’s counterdrug program, in9 cluding its demand reduction program involving youth

10 programs, as well as operational and training drug recon11 naissance missions for Federal, State and local govern12 ment agencies; for administrative costs, including the hir13 ing of Civil Air Patrol Corporation employees; for travel

14 and per diem expenses of Civil Air Patrol Corporation per15 sonnel in support of those missions; and for equipment

16 needed for mission support or performance: Provided,

17 That the Department of the Air Force should waive reim18 bursement from the Federal, State and local government

19 agencies for the use of these funds.

20 SEC. 8090. Notwithstanding any other provision of

21 law, the TRICARE managed care support contracts in ef22 fect, or in final stages of acquisition as of September 30,

23 1999, may be extended for two years: Provided, That any

24 such extension may only take place if the Secretary of De25 fense determines that it is in the best interest of the Gov-
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1 ernment: Provided further, That any contract extension

2 shall be based on the price in the final best and final offer

3 for the last year of the existing contract as adjusted for

4 inflation and other factors mutually agreed to by the con5 tractor and the Government: Provided further, That not6 withstanding any other provision of law, all future

7 TRICARE managed care support contracts replacing con8 tracts in effect, or in the final stages of acquisition as of

9 September 30, 1998, may include a base contract period

10 for transition and up to seven one-year option periods.

11 SEC. 8091. Notwithstanding any other provision in

12 this Act, the total amount appropriated in this Act is here13 by reduced by $452,100,000 to reflect savings from re14 vised economic assumptions, to be distributed as follows:

15 ‘‘Aircraft Procurement, Army’’, $8,000,000;

16 ‘‘Missile Procurement, Army’’, $7,000,000;

17 ‘‘Procurement of Weapons and Tracked Combat

18 Vehicles, Army’’, $9,000,000;

19 ‘‘Procurement of Ammunition, Army’’,

20 $6,000,000;

21 ‘‘Other Procurement, Army’’, $19,000,000;

22 ‘‘Aircraft Procurement, Navy’’, $44,000,000;

23 ‘‘Weapons Procurement, Navy’’, $8,000,000;

24 ‘‘Procurement of Ammunition, Navy and Ma25 rine Corps’’, $3,000,000;
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1 ‘‘Shipbuilding and Conversion, Navy’’,

2 $37,000,000;

3 ‘‘Other Procurement, Navy’’, $23,000,000;

4 ‘‘Procurement, Marine Corps’’, $5,000,000;

5 ‘‘Aircraft Procurement, Air Force’’,

6 $46,000,000;

7 ‘‘Missile Procurement, Air Force’’,

8 $14,000,000;

9 ‘‘Procurement of Ammunition, Air Force’’,

10 $2,000,000;

11 ‘‘Other Procurement, Air Force’’, $44,400,000;

12 ‘‘Procurement, Defense-Wide’’, $5,200,000;

13 ‘‘Chemical Agents and Munitions Destruction,

14 Army’’, $5,000,000;

15 ‘‘Research, Development, Test and Evaluation,

16 Army’’, $20,000,000;

17 ‘‘Research, Development, Test and Evaluation,

18 Navy’’, $40,900,000;

19 ‘‘Research, Development, Test and Evaluation,

20 Air Force’’, $76,900,000; and

21 ‘‘Research, Development, Test and Evaluation,

22 Defense-Wide’’, $28,700,000:

23 Provided, That these reductions shall be applied propor24 tionally to each budget activity, activity group and sub-
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1 activity group and each program, project, and activity

2 within each appropriation account.

3 SEC. 8092. TRAINING AND OTHER PROGRAMS. (a)

4 PROHIBITION.—None of the funds made available by this

5 Act may be used to support any training program involv6 ing a unit of the security forces of a foreign country if

7 the Secretary of Defense has received credible information

8 from the Department of State that the unit has committed

9 a gross violation of human rights, unless all necessary cor10 rective steps have been taken.

11 (b) MONITORING.—The Secretary of Defense, in con12 sultation with the Secretary of State, shall ensure that

13 prior to a decision to conduct any training program re14 ferred to in subsection (a), full consideration is given to

15 all credible information available to the Department of

16 State relating to human rights violations by foreign secu17 rity forces.

18 (c) WAIVER.—The Secretary of Defense, after con19 sultation with the Secretary of State, may waive the prohi20 bition in subsection (a) if he determines that such waiver

21 is required by extraordinary circumstances.

22 SEC. 8093. The Secretary of Defense, in coordination

23 with the Secretary of Health and Human Services, may

24 carry out a program to distribute surplus dental equip25 ment of the Department of Defense, at no cost to the De-
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1 partment of Defense, to Indian health service facilities and

2 to federally-qualified health centers (within the meaning

3 of section 1905(l)(2)(B) of the Social Security Act (42

4 U.S.C. 1396d(l)(2)(B))).

5 SEC. 8094. Notwithstanding any other provision in

6 this Act, the total amount appropriated in this Act is here7 by reduced by $209,300,000 to reflect savings from the

8 pay of civilian personnel, to be distributed as follows:

9 ‘‘Operation and Maintenance, Army’’,

10 $45,100,000;

11 ‘‘Operation and Maintenance, Navy’’,

12 $74,400,000;

13 ‘‘Operation and Maintenance, Air Force’’,

14 $59,800,000; and

15 ‘‘Operation and Maintenance, Defense-Wide’’,

16 $30,000,000.

17 SEC. 8095. Notwithstanding any other provision in

18 this Act, the total amount appropriated in this Act is here19 by reduced by $206,600,000 to reflect savings from favor20 able foreign currency fluctuations, to be distributed as fol21 lows:

22 ‘‘Operation and Maintenance, Army’’,

23 $138,000,000;

24 ‘‘Operation and Maintenance, Navy’’,

25 $10,600,000;
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1 ‘‘Operation and Maintenance, Marine Corps’’,

2 $2,000,000;

3 ‘‘Operation and Maintenance, Air Force’’,

4 $43,000,000; and

5 ‘‘Operation and Maintenance, Defense-Wide’’,

6 $13,000,000.

7 SEC. 8096. Notwithstanding any other provision in

8 this Act, the total amount appropriated in this Act is here9 by reduced by $250,307,000 to reflect savings from reduc10 tions in the price of bulk fuel, to be distributed as follows:

11 ‘‘Operation and Maintenance, Army’’,

12 $56,000,000;

13 ‘‘Operation and Maintenance, Navy’’,

14 $67,000,000;

15 ‘‘Operation and Maintenance, Marine Corps’’,

16 $7,700,000;

17 ‘‘Operation and Maintenance, Air Force’’,

18 $62,000,000;

19 ‘‘Operation and Maintenance, Defense-Wide’’,

20 $34,000,000;

21 ‘‘Operation and Maintenance, Army Reserve’’,

22 $4,107,000;

23 ‘‘Operation and Maintenance, Navy Reserve’’,

24 $2,700,000;
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1 ‘‘Operation and Maintenance, Air Force Re2 serve’’, $5,000,000;

3 ‘‘Operation and Maintenance, Army National

4 Guard’’ $8,700,000; and

5 ‘‘Operation and Maintenance, Air National

6 Guard’’, $3,100,000.

7 SEC. 8097. Notwithstanding any other provision of

8 law, the Secretary of Defense may retain all or a portion

9 of the family housing at Fort Buchanan, Puerto Rico, as

10 the Secretary deems necessary to meet military family

11 housing needs arising out of the relocation of elements of

12 the United States Army South to Fort Buchanan.

13 SEC. 8098. Funds appropriated to the Department

14 of the Navy in title II of this Act may be available to re15 place lost and canceled Treasury checks issued to Trans

16 World Airlines in the total amount of $255,333.24 for

17 which timely claims were filed and for which detailed sup18 porting records no longer exist.

19 SEC. 8099. Notwithstanding any other provision of

20 law, the Chief of the National Guard Bureau, or his des21 ignee, may waive payment of all or part of the consider22 ation in the case of a lease of personal property for a pe23 riod not in excess of one year to—

24 (1) any department or agency of the Federal

25 Government;
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1 (2) any State or local government, including

2 any interstate organization established by agreement

3 of two or more States;

4 (3) any organization determined by the Chief of

5 the National Guard Bureau, or his designee, to be

6 a youth or charitable organization; or

7 (4) any other entity that the Chief of the Na8 tional Guard Bureau, or his designee, approves on a

9 case-by-case basis.

10 SEC. 8100. In the current fiscal year and hereafter,

11 funds appropriated for the Pacific Disaster Center may

12 be obligated to carry out such missions as the Secretary

13 of Defense may specify for disaster information manage14 ment and related supporting activities in the geographic

15 area of responsibility of the Commander in Chief, Pacific

16 and beyond in support of a global disaster information

17 network: Provided, That the Secretary may enable the Pa18 cific Disaster Center and its derivatives to enter into flexi19 ble public-private cooperative arrangements for the delega20 tion or implementation of some or all of its missions and

21 accept and provide grants, or other remuneration to or

22 from any agency of the Federal government, state or local

23 government, private source or foreign government to carry

24 out any of its activities: Provided further, That the Pacific

25 Disaster Center may not accept any remuneration or pro-
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1 vide any service or grant which could compromise national

2 security.

3 SEC. 8101. Notwithstanding any other provision in

4 this Act, the total amount appropriated in Title I of this

5 Act is hereby reduced by $1,838,426,000 to reflect

6 amounts appropriated in H.R. 1141, as enacted. This

7 amount is to be distributed as follows:

8 ‘‘Military Personnel, Army’’, $559,533,000;

9 ‘‘Military Personnel, Navy’’, $436,773,000;

10 ‘‘Military Personnel, Marine Corps’’,

11 $177,980,000;

12 ‘‘Military Personnel, Air Force’’, $471,892,000;

13 ‘‘Reserve Personnel, Army’’, $40,574,000;

14 ‘‘Reserve Personnel, Navy’’, $29,833,000;

15 ‘‘Reserve Personnel, Marine Corps’’,

16 $7,820,000;

17 ‘‘Reserve Personnel, Air Force’’, $13,143,000;

18 ‘‘National Guard Personnel, Army’’,

19 $70,416,000; and

20 ‘‘National Guard Personnel, Air Force’’,

21 $30,462,000.

22 SEC. 8102. Notwithstanding any other provision of

23 law, that not more than twenty-five per centum of funds

24 provided in this Act, may be obligated for environmental

25 remediation under indefinite delivery/indefinite quantity
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1 contracts with a total contract value of $130,000,000 or

2 higher.

3 SEC. 8103. Of the funds made available under the

4 heading ‘‘Operation and Maintenance, Air Force’’,

5 $5,000,000 shall be transferred to the Department of

6 Transportation to enable the Secretary of Transportation

7 to realign railroad track on Elmendorf Air Force Base.

8 SEC. 8104. (a) Of the amounts provided in Title II

9 of this Act, not less than $1,353,900,000 shall be available

10 for the missions of the Department of Defense related to

11 combating terrorism inside and outside the United States.

12 (b) The budget of the United States Government sub13 mitted to Congress under section 1105 of title 31, United

14 States Code, for each fiscal year after fiscal year 2000

15 shall set forth separately for a single account the amount

16 requested for the missions of the Department of Defense

17 related to combating terrorism inside and outside the

18 United States.

19 SEC. 8105. None of the funds appropriated by this

20 Act shall be used for the support of any nonappropriated

21 funds activity of the Department of Defense that procures

22 malt beverages and wine with nonappropriated funds for

23 resale (including such alcoholic beverages sold by the

24 drink) on a military installation located in the United

25 States unless such malt beverages and wine are procured
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1 within that State, or in the case of the District of Colum2 bia, within the District of Columbia, in which the military

3 installation is located: Provided, That in a case in which

4 the military installation is located in more than one State,

5 purchases may be made in any State in which the installa6 tion is located: Provided further, That such local procure7 ment requirements for malt beverages and wine shall

8 apply to all alcoholic beverages only for military installa9 tions in States which are not contiguous with another

10 State: Provided further, That alcoholic beverages other

11 than wine and malt beverages, in contiguous States and

12 the District of Columbia shall be procured from the most

13 competitive source, price and other factors considered.

14 SEC. 8106. (a) The Secretary of the Air Force may

15 obtain transportation for operational support purposes, in16 cluding transportation for combatant Commanders in

17 Chief, by lease of aircraft, on such terms and conditions

18 as the Secretary may deem appropriate, consistent with

19 this section, through an operating lease consistent with

20 OMB Circular A–11.

21 (b) The term of any lease into which the Secretary

22 enters under this section shall not exceed ten years from

23 the date on which the lease takes effect.

24 (c) The Secretary may include terms and conditions

25 in any lease into which the Secretary enters under this
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1 section that are customary in the leasing of aircraft by

2 a nongovernmental lessor to a nongovernmental lessee.

3 (d) The Secretary may, in connection with any lease

4 into which the Secretary enters under this section, to the

5 extent the Secretary deems appropriate, provide for special

6 payments to the lessor if either the Secretary terminates

7 or cancels the lease prior to the expiration of its term or

8 the aircraft is damaged or destroyed prior to the expira9 tion of the term of the lease. In the event of termination

10 or cancellation of the lease, the total value of such pay11 ments shall not exceed the value of one year’s lease pay12 ment.

13 (e) Notwithstanding any other provision of law any

14 payments required under a lease under this section, and

15 any payments made pursuant to subsection (d), may be

16 made from—

17 (1) appropriations available for the performance

18 of the lease at the time the lease takes effect;

19 (2) appropriations for the operation and main20 tenance available at the time which the payment is

21 due; and

22 (3) funds appropriated for those payments.

23 (f) The authority granted to the Secretary of the Air

24 Force by this section is separate from and in addition to,

25 and shall not be construed to impair or otherwise affect,
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1 the authority of the Secretary to procure transportation

2 or enter into leases under a provision of law other than

3 this section.

4 SEC. 8107. The Communications Act is amended in

5 section 337(b) (47 U.S.C. 337(b)), by deleting paragraph

6 (2). Upon enactment of this provision, the FCC shall ini7 tiate the competitive bidding process in fiscal year 1999

8 and shall conduct the competitive bidding in a manner

9 that ensures that all proceeds of such bidding are depos10 ited in accordance with section 309(j)(8) of the Act not

11 later than September 30, 2000. To expedite the assign12 ment by competitive bidding of the frequencies identified

13 in section 337(a)(2) of the Act, the rules governing such

14 frequencies shall be effective immediately upon publication

15 in the Federal Register, notwithstanding 5 U.S.C. 553(d),

16 801(a)(3), 804(2), and 806(a). Chapter 6 of such title,

17 15 U.S.C. 632, and 44 U.S.C. 3507 and 3512, shall not

18 apply to the rules and competitive bidding procedures gov19 erning such frequencies. Notwithstanding section 309(b)

20 of the Act, no application for an instrument of authoriza21 tion for such frequencies shall be granted by the Commis22 sion earlier than 7 days following issuance of public notice

23 by the Commission of the acceptance for filing of such ap24 plication or of any substantial amendment thereto. Not25 withstanding section 309(d)(1) of such Act, the Commis-
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1 sion may specify a period (no less than 5 days following

2 issuance of such public notice) for the filing of petitions

3 to deny any application for an instrument of authorization

4 for such frequencies.

5 SEC. 8108. Notwithstanding any other provision in

6 this Act, the total amount appropriated in this Act for

7 Titles II and III is hereby reduced by $3,100,000,000 to

8 reflect supplemental appropriations provided under Public

9 Law 106–31 for Readiness/Munitions; Operational Rapid

10 Response Transfer Fund; Spare Parts; Depot Mainte11 nance; Recruiting; Readiness Training/OPTEMPO; and

12 Base Operations.

13 This Act may be cited as the ‘‘Department of Defense

14 Appropriations Act, 2000’’.
Calendar No. 122

106TH CONGRESS

1ST SESSION S. 1122

[Report No. 106–53]

A BILL

Making appropriations for the Department of De2000, and for other purposes. fense for the fiscal year ending September 30,

MAY 25, 1999

Read twice and placed on the calendar