106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–754

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,

2001, AND FOR OTHER PURPOSES

JULY 17, 2000.—Ordered to be printed

Mr. LEWIS of California, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 4576]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 4576)

‘‘making appropriations for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes’’, having met, after full and free conference, have agreed to recommend

and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted by said amendment,

insert:

That the following sums are appropriated, out of any money in

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2001, for military functions administered by the Department of Defense, and for other purposes, namely:

TITLE I

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations,

for members of the Army on active duty (except members of reserve

components provided for elsewhere), cadets, and aviation cadets;

and for payments pursuant to section 156 of Public Law 97–377, as

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amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund, $22,175,357,000.

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations,

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

for payments pursuant to section 156 of Public Law 97–377, as

amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund, $17,772,297,000.

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations,

for members of the Marine Corps on active duty (except members of

the Reserve provided for elsewhere); and for payments pursuant to

section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note),

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

to the Department of Defense Military Retirement Fund,

$6,833,100,000.

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations,

for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and for payments pursuant to section 156 of Public Law 97–

377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social

Security Act (42 U.S.C. 429(b)), and to the Department of Defense

Military Retirement Fund, $18,174,284,000.

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Army Reserve on active

duty under sections 10211, 10302, and 3038 of title 10, United

States Code, or while serving on active duty under section 12301(d)

of title 10, United States Code, in connection with performing duty

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

undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Reserve Officers’

Training Corps, and expenses authorized by section 16131 of title

10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,473,001,000.

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RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Navy Reserve on active

duty under section 10211 of title 10, United States Code, or while

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

States Code, in connection with performing duty specified in section

12310(a) of title 10, United States Code, or while undergoing reserve

training, or while performing drills or equivalent duty, and for

members of the Reserve Officers’ Training Corps, and expenses authorized by section 16131 of title 10, United States Code; and for

payments to the Department of Defense Military Retirement Fund,

$1,576,174,000.

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Marine Corps Reserve on

active duty under section 10211 of title 10, United States Code, or

while serving on active duty under section 12301(d) of title 10,

United States Code, in connection with performing duty specified in

section 12310(a) of title 10, United States Code, or while undergoing

reserve training, or while performing drills or equivalent duty, and

for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code;

and for payments to the Department of Defense Military Retirement

Fund, $448,886,000.

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Air Force Reserve on active

duty under sections 10211, 10305, and 8038 of title 10, United

States Code, or while serving on active duty under section 12301(d)

of title 10, United States Code, in connection with performing duty

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

undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Air Reserve Officers’

Training Corps, and expenses authorized by section 16131 of title

10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $971,024,000.

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Army National Guard

while on duty under section 10211, 10302, or 12402 of title 10 or

section 708 of title 32, United States Code, or while serving on duty

under section 12301(d) of title 10 or section 502(f) of title 32, United

States Code, in connection with performing duty specified in section

12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and

expenses authorized by section 16131 of title 10, United States Code;

and for payments to the Department of Defense Military Retirement

Fund, $3,782,536,000.

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NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Air National Guard on

duty under section 10211, 10305, or 12402 of title 10 or section 708

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

Code, in connection with performing duty specified in section

12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and

expenses authorized by section 16131 of title 10, United States Code;

and for payments to the Department of Defense Military Retirement

Fund, $1,641,081,000.

TITLE II

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not

to exceed $10,616,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the

Secretary of the Army, and payments may be made on his certificate

of necessity for confidential military purposes, $19,144,431,000 and,

in addition, $50,000,000 shall be derived by transfer from the National Defense Stockpile Transaction Fund: Provided, That of the

funds made available under this heading, $5,000,000, to remain

available until expended, shall be transferred to ‘‘National Park

Service—Construction’’ within 30 days of enactment of this Act, only

for necessary infrastructure repair improvements at Fort Baker,

under the management of the Golden Gate Recreation Area: Provided further, That of the funds appropriated in this paragraph, not

less than $355,000,000 shall be made available only for conventional ammunition care and maintenance.

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $5,146,000 can be used for emergencies and extraordinary expenses, to be expended on the approval

or authority of the Secretary of the Navy, and payments may be

made on his certificate of necessity for confidential military purposes, $23,419,360,000 and, in addition, $50,000,000 shall be derived by transfer from the National Defense Stockpile Transaction

Fund.

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law,

$2,778,758,000.

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OPERATION AND MAINTENANCE, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and

not to exceed $7,878,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the

Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes,

$22,383,521,000 and, in addition, $50,000,000, shall be derived by

transfer from the National Defense Stockpile Transaction Fund:

Provided, That notwithstanding any other provision of law, that of

the funds available under this heading, $500,000 shall only be

available to the Secretary of the Air Force for a grant to Florida Memorial College for the purpose of funding minority aviation training.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department

of Defense (other than the military departments), as authorized by

law, $11,844,480,000, of which not to exceed $25,000,000 may be

available for the CINC initiative fund account; and of which not to

exceed $30,000,000 can be used for emergencies and extraordinary

expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of

necessity for confidential military purposes: Provided, That of the

amount provided under this heading, $5,000,000, to remain available until expended, is available only for expenses relating to certain

classified activities, and may be transferred as necessary by the Secretary of Defense to operation and maintenance, procurement, and

research, development, test and evaluation appropriations accounts,

to be merged with and to be available for the same time period as

the appropriations to which transferred: Provided further, That the

transfer authority provided under this heading is in addition to any

other transfer authority provided in this Act.

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications, $1,562,118,000.

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications, $978,946,000.

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OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $145,959,000.

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications, $1,903,659,000.

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the

Army National Guard, including medical and hospital treatment

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger

motor vehicles; personnel services in the National Guard Bureau;

travel expenses (other than mileage), as authorized by law for Army

personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically

authorized by the Chief, National Guard Bureau; supplying and

equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies

and equipment (including aircraft), $3,333,835,000.

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in

non-Federal hospitals; maintenance, operation, repair, and other

necessary expenses of facilities for the training and administration

of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of

things, hire of passenger motor vehicles; supplies, materials, and

equipment, as authorized by law for the Air National Guard; and

expenses incident to the maintenance and use of supplies, materials,

and equipment, including such as may be furnished from stocks

under the control of agencies of the Department of Defense; travel

expenses (other than mileage) on the same basis as authorized by

law for Air National Guard personnel on active Federal duty, for

Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $3,474,375,000.

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OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

For expenses directly relating to Overseas Contingency Operations by United States military forces, $3,938,777,000, to remain

available until expended: Provided, That the Secretary of Defense

may transfer these funds only to military personnel accounts; operation and maintenance accounts within this title; the Defense

Health Program appropriation; procurement accounts; research, development, test and evaluation accounts; and to working capital

funds: Provided further, That the funds transferred shall be merged

with and shall be available for the same purposes and for the same

time period, as the appropriation to which transferred: Provided

further, That upon a determination that all or part of the funds

transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to

this appropriation: Provided further, That the transfer authority

provided in this paragraph is in addition to any other transfer authority contained elsewhere in this Act.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States Court

of Appeals for the Armed Forces, $8,574,000, of which not to exceed

$2,500 can be used for official representation purposes.

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $389,932,000, to remain available until transferred: Provided, That the Secretary of the Army

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the

Army, or for similar purposes, transfer the funds made available by

this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the

same purposes and for the same time period as the appropriations

to which transferred: Provided further, That upon a determination

that all or part of the funds transferred from this appropriation are

not necessary for the purposes provided herein, such amounts may

be transferred back to this appropriation.

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $294,038,000, to remain available until transferred: Provided, That the Secretary of the Navy

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the

Navy, or for similar purposes, transfer the funds made available by

this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the

same purposes and for the same time period as the appropriations

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to which transferred: Provided further, That upon a determination

that all or part of the funds transferred from this appropriation are

not necessary for the purposes provided herein, such amounts may

be transferred back to this appropriation.

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $376,300,000, to remain

available until transferred: Provided, That the Secretary of the Air

Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,

removal of unsafe buildings and debris of the Department of the Air

Force, or for similar purposes, transfer the funds made available by

this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such

amounts may be transferred back to this appropriation.

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $21,412,000, to remain available until transferred: Provided, That the Secretary of Defense shall,

upon determining that such funds are required for environmental

restoration, reduction and recycling of hazardous waste, removal of

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

similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department

of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which

transferred: Provided further, That upon a determination that all or

part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be

transferred back to this appropriation.

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $231,499,000, to remain available until transferred: Provided, That the Secretary of the Army

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the

Department of Defense, transfer the funds made available by this

appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the

same purposes and for the same time period as the appropriations

to which transferred: Provided further, That upon a determination

that all or part of the funds transferred from this appropriation are

not necessary for the purposes provided herein, such amounts may

be transferred back to this appropriation.

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OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster,

and Civic Aid programs of the Department of Defense (consisting of

the programs provided under sections 401, 402, 404, 2547, and 2551

of title 10, United States Code), $55,900,000, to remain available

until September 30, 2002.

FORMER SOVIET UNION THREAT REDUCTION

For assistance to the republics of the former Soviet Union, including assistance provided by contract or by grants, for facilitating

the elimination and the safe and secure transportation and storage

of nuclear, chemical and other weapons; for establishing programs

to prevent the proliferation of weapons, weapons components, and

weapon-related technology and expertise; for programs relating to

the training and support of defense and military personnel for demilitarization and protection of weapons, weapons components and

weapons technology and expertise, $443,400,000, to remain available until September 30, 2003: Provided, That of the amounts provided under this heading, $25,000,000 shall be available only to

support the dismantling and disposal of nuclear submarines and

submarine reactor components in the Russian Far East.

QUALITY OF LIFE ENHANCEMENTS, DEFENSE

For expenses, not otherwise provided for, resulting from unfunded shortfalls in the repair and maintenance of real property of

the Department of Defense (including military housing and barracks), $160,500,000, for the maintenance of real property of the Department of Defense (including minor construction and major maintenance and repair), which shall remain available for obligation

until September 30, 2002, as follows:

Army, $100,000,000;

Navy, $20,000,000;

Marine Corps, $10,000,000;

Air Force, $20,000,000; and

Defense-Wide, $10,500,000:

Provided, That notwithstanding any other provision of law, of the

funds appropriated under this heading for Defense-Wide activities,

the entire amount shall only be available for grants by the Secretary

of Defense to local educational authorities which maintain primary

and secondary educational facilities located within Department of

Defense installations, and which are used primarily by Department

of Defense military and civilian dependents, for facility repairs and

improvements to such educational facilities: Provided further, That

such grants to local educational authorities may be made for repairs and improvements to such educational facilities as required to

meet classroom size requirements: Provided further, That the cumulative amount of any grant or grants to any single local education

authority provided pursuant to the provisions under this heading

shall not exceed $1,500,000.

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TITLE III

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, ground

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses

necessary for the foregoing purposes, $1,571,812,000, to remain

available for obligation until September 30, 2003: Provided, That of

the $189,601,000 appropriated under this heading for the procurement of UH–60 helicopters, $78,520,000 shall be available only for

the procurement of eight such aircraft to be provided to the Army

Reserve.

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and

modernization of missiles, equipment, including ordnance, ground

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses

necessary for the foregoing purposes, $1,320,681,000, to remain

available for obligation until September 30, 2003.

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For construction, procurement, production, and modification of

weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment

and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and

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

prosecuted thereon prior to approval of title; and procurement and

installation of equipment, appliances, and machine tools in public

and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the

foregoing purposes, $2,472,524,000, to remain available for obligation until September 30, 2003.

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification of

ammunition, and accessories therefor; specialized equipment and

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training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854 of title 10, United

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine

tools in public and private plants; reserve plant and Government

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,220,516,000, to remain available for obligation until September 30, 2003.

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of

vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of not to exceed 35 passenger motor vehicles for

replacement only; and the purchase of 12 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $200,000 per vehicle;

communications and electronic equipment; other support equipment;

spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants,

including the land necessary therefor, for the foregoing purposes,

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools

in public and private plants; reserve plant and Government and

contractor-owned equipment layaway; and other expenses necessary

for the foregoing purposes, $4,497,009,000, to remain available for

obligation until September 30, 2003.

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, spare

parts, and accessories therefor; specialized equipment; expansion of

public and private plants, including the land necessary therefor,

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools

in public and private plants; reserve plant and Government and

contractor-owned equipment layaway, $8,477,138,000, to remain

available for obligation until September 30, 2003.

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of missiles, torpedoes, other weapons, and related

support equipment including spare parts, and accessories therefor;

expansion of public and private plants, including the land necessary

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $1,461,600,000, to

remain available for obligation until September 30, 2003.

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PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification of

ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854 of title 10, United

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine

tools in public and private plants; reserve plant and Government

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $498,349,000, to remain available

for obligation until September 30, 2003.

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and

installation thereof in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; procurement

of critical, long leadtime components and designs for vessels to be

constructed or converted in the future; and expansion of public and

private plants, including land necessary therefor, and such lands

and interests therein, may be acquired, and construction prosecuted

thereon prior to approval of title, as follows:

Carrier Replacement Program, $4,053,653,000;

Carrier Replacement Program (AP), $21,869,000;

NSSN, $1,198,012,000;

NSSN (AP), $508,222,000;

CVN Refuelings, $698,441,000;

CVN Refuelings (AP), $25,000,000;

Submarine Refuelings, $210,414,000;

Submarine Refuelings (AP), $72,277,000;

DDG–51 destroyer program, $2,703,559,000;

DDG–51 destroyer program (AP), $456,843,000;

LPD–17 (AP), $560,700,000;

LHD–8, $460,000,000;

ADC(X), $338,951,000;

LCAC landing craft air cushion program, $15,615,000; and

For craft, outfitting, post delivery, conversions, and first

destination transformation transportation, $291,077,000;

In all: $11,614,633,000, to remain available for obligation until

September 30, 2005: Provided, That additional obligations may be

incurred after September 30, 2005, for engineering services, tests,

evaluations, and other such budgeted work that must be performed

in the final stage of ship construction: Provided further, That none

of the funds provided under this heading for the construction or

conversion of any naval vessel to be constructed in shipyards in the

United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That

none of the funds provided under this heading shall be used for the

construction of any naval vessel in foreign shipyards: Provided further, That the Secretary of the Navy is hereby granted the authority

to enter into a contract for an LHD–1 Amphibious Assault Ship

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which shall be funded on an incremental basis: Provided further,

That the amount made available for the LPD–17 program may be

obligated for expenditure for the procurement of contractor furnished and government furnished material and equipment, and necessary advance construction activities.

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support

equipment and materials not otherwise provided for, Navy ordnance

(except ordnance for new aircraft, new ships, and ships authorized

for conversion); the purchase of not to exceed 63 passenger motor vehicles for replacement only, and the purchase of one vehicle required

for physical security of personnel, notwithstanding price limitations

applicable to passenger vehicles but not to exceed $200,000; expansion of public and private plants, including the land necessary

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $3,557,380,000, to

remain available for obligation until September 30, 2003.

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and

modification of missiles, armament, military equipment, spare

parts, and accessories therefor; plant equipment, appliances, and

machine tools, and installation thereof in public and private plants;

reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of not

to exceed 33 passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary

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

and construction prosecuted thereon prior to approval of title,

$1,233,268,000, to remain available for obligation until September

30, 2003.

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, lease, and modification of aircraft and equipment, including armor and armament, specialized

ground handling equipment, and training devices, spare parts, and

accessories therefor; specialized equipment; expansion of public and

private plants, Government-owned equipment and installation

thereof in such plants, erection of structures, and acquisition of

land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to

approval of title; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the

foregoing purposes including rents and transportation of things,

$7,583,345,000, to remain available for obligation until September

30, 2003.

14

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles,

spacecraft, rockets, and related equipment, including spare parts

and accessories therefor, ground handling equipment, and training

devices; expansion of public and private plants, Government-owned

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such

lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses

necessary for the foregoing purposes including rents and transportation of things, $2,863,778,000, to remain available for obligation

until September 30, 2003.

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification of

ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854 of title 10, United

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine

tools in public and private plants; reserve plant and Government

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $647,808,000, to remain available

for obligation until September 30, 2003.

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and

spare parts therefor, not otherwise provided for; the purchase of not

to exceed 173, passenger motor vehicles for replacement only, and

the purchase of one vehicle required for physical security of personnel, notwithstanding price limitations applicable to passenger

vehicles but not to exceed $200,000; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such

lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $7,763,747,000, to

remain available for obligation until September 30, 2003.

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed 115 passenger motor vehicles for replacement

only; the purchase of 10 vehicles required for physical security of

personnel, notwithstanding price limitations applicable to passenger

15

vehicles but not to exceed $250,000 per vehicle; expansion of public

and private plants, equipment, and installation thereof in such

plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of

title; reserve plant and Government and contractor-owned equipment layaway, $2,346,258,000, to remain available for obligation

until September 30, 2003.

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections

108, 301, 302, and 303 of the Defense Production Act of 1950 (50

U.S.C. App. 2078, 2091, 2092, and 2093), $3,000,000 only for microwave power tubes and the wireless vibration sensor supplier initiative and to remain available until expended.

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles,

ammunition, other weapons, and other procurement for the reserve

components of the Armed Forces, $100,000,000, to remain available

for obligation until September 30, 2003: Provided, That the Chiefs

of the Reserve and National Guard components shall, not later than

30 days after the enactment of this Act, individually submit to the

congressional defense committees the modernization priority assessment for their respective Reserve or National Guard component.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment,

$6,342,552,000, to remain available for obligation until September

30, 2002.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment,

$9,494,374,000, to remain available for obligation until September

30, 2002: Provided, That funds appropriated in this paragraph

which are available for the V–22 may be used to meet unique requirements of the Special Operation Forces.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment,

$14,138,244,000, to remain available for obligation until September

30, 2002.

16

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and

applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by

the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment,

$11,157,375,000, to remain available for obligation until September 30, 2002.

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation

in the direction and supervision of operational test and evaluation,

including initial operational test and evaluation which is conducted

prior to, and in support of, production decisions; joint operational

testing and evaluation; and administrative expenses in connection

therewith, $227,060,000, to remain available for obligation until

September 30, 2002.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $916,276,000: Provided, That during fiscal year 2001, funds in the Defense Working

Capital Funds may be used for the purchase of not to exceed 330

passenger carrying motor vehicles for replacement only for the Defense Security Service.

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs, projects, and activities, and for expenses of the National Defense Reserve Fleet, as

established by section 11 of the Merchant Ship Sales Act of 1946 (50

U.S.C. App. 1744), $400,658,000, to remain available until expended: Provided, That none of the funds provided in this paragraph shall be used to award a new contract that provides for the

acquisition of any of the following major components unless such

components are manufactured in the United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (that is; engines, reduction gears, and propellers);

shipboard cranes; and spreaders for shipboard cranes: Provided further, That the exercise of an option in a contract awarded through

the obligation of previously appropriated funds shall not be considered to be the award of a new contract: Provided further, That the

Secretary of the military department responsible for such procurement may waive the restrictions in the first proviso on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate

domestic supplies are not available to meet Department of Defense

requirements on a timely basis and that such an acquisition must

be made in order to acquire capability for national security purposes.

17

NATIONAL DEFENSE AIRLIFT FUND

(INCLUDING TRANSFER OF FUNDS)

For National Defense Airlift Fund programs, projects, and activities, $2,840,923,000, to remain available until expended: Provided, That these funds shall only be available for transfer to the

appropriate C–17 program P–1 line items of Title III of this Act for

the purposes specified in this section: Provided further, That the

funds transferred under the authority provided within this section

shall be merged with and shall be available for the same purposes,

and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided in

this section is in addition to any other transfer authority contained

elsewhere in this Act.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health

care programs of the Department of Defense, as authorized by law,

$12,117,779,000, of which $11,414,393,000 shall be for Operation

and maintenance, of which not to exceed 2 percent shall remain

available until September 30, 2002; of which $290,006,000, to remain available for obligation until September 30, 2003, shall be for

Procurement; of which $413,380,000, to remain available for obligation until September 30, 2002, shall be for Research, development,

test and evaluation, and of which $10,000,000 shall be available for

HIV prevention educational activities undertaken in connection with

U.S. military training, exercises, and humanitarian assistance activities conducted in African nations.

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents

and munitions in accordance with the provisions of section 1412 of

the Department of Defense Authorization Act, 1986 (50 U.S.C.

1521), and for the destruction of other chemical warfare materials

that are not in the chemical weapon stockpile, $980,100,000, of

which $600,000,000 shall be for Operation and maintenance to remain available until September 30, 2002, $105,700,000 shall be for

Procurement to remain available until September 30, 2003, and

$274,400,000 shall be for Research, development, test and evaluation to remain available until September 30, 2002: Provided, That

of the funds available under this heading, $1,000,000 shall be

available until expended each year only for a Johnston Atoll off-island leave program: Provided further, That the Secretaries concerned shall, pursuant to uniform regulations, prescribe travel and

transportation allowances for travel by participants in the off-island

leave program: Provided further, That the amount available under

Operation and maintenance shall also be available for the conveyance, without consideration, of the Emergency One Cyclone II CusVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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tom Pumper truck subject to Army Loan DAAMO1–98–L–0001 to

the Umatilla Indian Tribe, the current lessee.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components

serving under the provisions of title 10 and title 32, United States

Code; for Operation and maintenance; for Procurement; and for Research, development, test and evaluation, $869,000,000: Provided,

That the funds appropriated under this heading shall be available

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

the appropriation to which transferred: Provided further, That the

transfer authority provided under this heading is in addition to any

other transfer authority contained elsewhere in this Act.

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General

in carrying out the provisions of the Inspector General Act of 1978,

as amended, $147,545,000, of which $144,245,000 shall be for Operation and maintenance, of which not to exceed $700,000 is available

for emergencies and extraordinary expenses to be expended on the

approval or authority of the Inspector General, and payments may

be made on the Inspector General’s certificate of necessity for confidential military purposes; and of which $3,300,000 to remain

available until September 30, 2003, shall be for Procurement.

TITLE VII

RELATED AGENCIES

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement and

Disability System Fund, to maintain the proper funding level for

continuing the operation of the Central Intelligence Agency Retirement and Disability System, $216,000,000.

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Intelligence Community Manage- ment Account, $148,631,000, of which $22,577,000 for the Advanced

Research and Development Committee shall remain available until

September 30, 2002: Provided, That of the funds appropriated

under this heading, $34,100,000 shall be transferred to the Department of Justice for the National Drug Intelligence Center to support

the Department of Defense’s counter-drug intelligence responsibilities, and of the said amount, $1,500,000 for Procurement shall remain available until September 30, 2003, and $1,000,000 for Research, development, test and evaluation shall remain available

until September 30, 2002: Provided further, That the National Drug

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sources to provide timely support to law enforcement authorities to

conduct document exploitation of materials collected in federal,

state, and local law enforcement activity.

PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

ENVIRONMENTAL RESTORATION FUND

For payment to Kaho’olawe Island Conveyance, Remediation,

and Environmental Restoration Fund, as authorized by law,

$60,000,000, to remain available until expended.

NATIONAL SECURITY EDUCATION TRUST FUND

For the purposes of title VIII of Public Law 102–183, $6,950,000, to be derived from the National Security Education

Trust Fund, to remain available until expended.

TITLE VIII

GENERAL PROVISIONS

SEC. 8001. No part of any appropriation contained in this Act

shall be used for publicity or propaganda purposes not authorized

by the Congress.

SEC. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel

of the Department of Defense: Provided, That salary increases

granted to direct and indirect hire foreign national employees of the

Department of Defense funded by this Act shall not be at a rate in

excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under

the provisions of section 5332 of title 5, United States Code, or at

a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States

diplomatic missions whose pay is set by the Department of State

under the Foreign Service Act of 1980: Provided further, That the

limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.

SEC. 8003. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year,

unless expressly so provided herein.

SEC. 8004. No more than 20 percent of the appropriations in

this Act which are limited for obligation during the current fiscal

year shall be obligated during the last 2 months of the fiscal year:

Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp

training of the Reserve Officers’ Training Corps.

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense that

such action is necessary in the national interest, he may, with the

approval of the Office of Management and Budget, transfer not to

exceed $2,000,000,000 of working capital funds of the Department

of Defense or funds made available in this Act to the Department

20

of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be

merged with and to be available for the same purposes, and for the

same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used

unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no

case where the item for which funds are requested has been denied

by the Congress: Provided further, That the Secretary of Defense

shall notify the Congress promptly of all transfers made pursuant

to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for

reprogramming of funds, unless for higher priority items, based on

unforeseen military requirements, than those for which originally

appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress.

(TRANSFER OF FUNDS)

SEC. 8006. During the current fiscal year, cash balances in

working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash

disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and the ‘‘Foreign

Currency Fluctuations, Defense’’ appropriation and the ‘‘Operation

and Maintenance’’ appropriation accounts in such amounts as may

be determined by the Secretary of Defense, with the approval of the

Office of Management and Budget, except that such transfers may

not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the

amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or

increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation.

SEC. 8007. Funds appropriated by this Act may not be used to

initiate a special access program without prior notification 30 calendar days in session in advance to the congressional defense committees.

SEC. 8008. None of the funds provided in this Act shall be

available to initiate: (1) a multiyear contract that employs economic

order quantity procurement in excess of $20,000,000 in any 1 year

of the contract or that includes an unfunded contingent liability in

excess of $20,000,000; or (2) a contract for advance procurement

leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any 1 year, unless the

congressional defense committees have been notified at least 30 days

in advance of the proposed contract award: Provided, That no part

of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability: Provided further, That no part of any appropriation

contained in this Act shall be available to initiate multiyear proVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00024 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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curement contracts for any systems or component thereof if the value

of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees: Provided further, That

the execution of multiyear authority shall require the use of a

present value analysis to determine lowest cost compared to an annual procurement.

Funds appropriated in title III of this Act may be used for

multiyear procurement contracts as follows:

Javelin missile; M2A3 Bradley fighting vehicle; DDG–51

destroyer; and UH–60/CH–60 aircraft.

SEC. 8009. Within the funds appropriated for the operation and

maintenance of the Armed Forces, funds are hereby appropriated

pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United

States Code. Such funds may also be obligated for humanitarian

and civic assistance costs incidental to authorized operations and

pursuant to authority granted in section 401 of chapter 20 of title

10, United States Code, and these obligations shall be reported to

the Congress on September 30 of each year: Provided, That funds

available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action

Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239: Provided further, That

upon a determination by the Secretary of the Army that such action

is beneficial for graduate medical education programs conducted at

Army medical facilities located in Hawaii, the Secretary of the Army

may authorize the provision of medical services at such facilities

and transportation to such facilities, on a nonreimbursable basis,

for civilian patients from American Samoa, the Commonwealth of

the Northern Mariana Islands, the Marshall Islands, the Federated

States of Micronesia, Palau, and Guam.

SEC. 8010. (a) During fiscal year 2001, the civilian personnel

of the Department of Defense may not be managed on the basis of

any end-strength, and the management of such personnel during

that fiscal year shall not be subject to any constraint or limitation

(known as an end-strength) on the number of such personnel who

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

(b) The fiscal year 2002 budget request for the Department of

Defense as well as all justification material and other documentation supporting the fiscal year 2002 Department of Defense budget

request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to

fiscal year 2002.

(c) Nothing in this section shall be construed to apply to military (civilian) technicians.

SEC. 8011. Notwithstanding any other provision of law, none of

the funds made available by this Act shall be used by the Department of Defense to exceed, outside the 50 United States, its territories, and the District of Columbia, 125,000 civilian workyears:

Provided, That workyears shall be applied as defined in the Federal

Personnel Manual: Provided further, That workyears expended in

22

dependent student hiring programs for disadvantaged youths shall

not be included in this workyear limitation.

SEC. 8012. None of the funds made available by this Act shall

be used in any way, directly or indirectly, to influence congressional

action on any legislation or appropriation matters pending before

the Congress.

SEC. 8013. (a) None of the funds appropriated by this Act shall

be used to make contributions to the Department of Defense Education Benefits Fund pursuant to section 2006(g) of title 10, United

States Code, representing the normal cost for future benefits under

section 3015(d) of title 38, United States Code, for any member of

the armed services who, on or after the date of the enactment of this

Act, enlists in the armed services for a period of active duty of less

than 3 years, nor shall any amounts representing the normal cost

of such future benefits be transferred from the Fund by the Secretary of the Treasury to the Secretary of Veterans Affairs pursuant

to section 2006(d) of title 10, United States Code; nor shall the Secretary of Veterans Affairs pay such benefits to any such member:

Provided, That these limitations shall not apply to members in combat arms skills or to members who enlist in the armed services on

or after July 1, 1989, under a program continued or established by

the Secretary of Defense in fiscal year 1991 to test the cost-effective

use of special recruiting incentives involving not more than 19 noncombat arms skills approved in advance by the Secretary of Defense:

Provided further, That this subsection applies only to active components of the Army.

(b) None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army

participating as a full-time student and receiving benefits paid by

the Secretary of Veterans Affairs from the Department of Defense

Education Benefits Fund when time spent as a full-time student is

credited toward completion of a service commitment: Provided, That

this subsection shall not apply to those members who have reenlisted with this option prior to October 1, 1987: Provided further,

That this subsection applies only to active components of the Army.

SEC. 8014. None of the funds appropriated by this Act shall be

available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the

enactment of this Act, is performed by more than 10 Department of

Defense civilian employees until a most efficient and cost-effective

organization analysis is completed on such activity or function and

certification of the analysis is made to the Committees on Appropriations of the House of Representatives and the Senate: Provided,

That this section and subsections (a), (b), and (c) of 10 U.S.C. 2461

shall not apply to a commercial or industrial type function of the

Department of Defense that: (1) is included on the procurement list

established pursuant to section 2 of the Act of June 25, 1938 (41

U.S.C. 47), popularly referred to as the Javits-Wagner-O’Day Act;

(2) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for

other severely handicapped individuals in accordance with that Act;

or (3) is planned to be converted to performance by a qualified firm

under 51 percent ownership by an Indian tribe, as defined in section

450b(e) of title 25, United States Code, or a Native Hawaiian orgaVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00026 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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nization, as defined in section 637(a)(15) of title 15, United States

Code.

(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for the

purpose of implementing a Mentor-Protege Program developmental

assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510;

10 U.S.C. 2301 note), as amended, under the authority of this provision or any other transfer authority contained in this Act.

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

the purchase by the Department of Defense (and its departments

and agencies) of welded shipboard anchor and mooring chain 4

inches in diameter and under unless the anchor and mooring chain

are manufactured in the United States from components which are

substantially manufactured in the United States: Provided, That for

the purpose of this section manufactured will include cutting, heat

treating, quality control, testing of chain and welding (including the

forging and shot blasting process): Provided further, That for the

purpose of this section substantially all of the components of anchor

and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components

produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the

United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements

on a timely basis, the Secretary of the service responsible for the

procurement may waive this restriction on a case-by-case basis by

certifying in writing to the Committees on Appropriations that such

an acquisition must be made in order to acquire capability for national security purposes.

SEC. 8017. None of the funds appropriated by this Act available

for the Civilian Health and Medical Program of the Uniformed

Services (CHAMPUS) or TRICARE shall be available for the reimbursement of any health care provider for inpatient mental health

service for care received when a patient is referred to a provider of

inpatient mental health care or residential treatment care by a medical or health care professional having an economic interest in the

facility to which the patient is referred: Provided, That this limitation does not apply in the case of inpatient mental health services

provided under the program for persons with disabilities under subsection (d) of section 1079 of title 10, United States Code, provided

as partial hospital care, or provided pursuant to a waiver authorized by the Secretary of Defense because of medical or psychological

circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant to

rules prescribed by the Secretary, which takes into account the appropriate level of care for the patient, the intensity of services required by the patient, and the availability of that care.

SEC. 8018. Funds available in this Act may be used to provide

transportation for the next-of-kin of individuals who have been prisoners of war or missing in action from the Vietnam era to an anVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00027 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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nual meeting in the United States, under such regulations as the

Secretary of Defense may prescribe.

SEC. 8019. Notwithstanding any other provision of law, during

the current fiscal year, the Secretary of Defense may, by executive

agreement, establish with host nation governments in NATO member states a separate account into which such residual value

amounts negotiated in the return of United States military installations in NATO member states may be deposited, in the currency of

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

States Treasury: Provided, That such credits may be utilized only

for the construction of facilities to support United States military

forces in that host nation, or such real property maintenance and

base operating costs that are currently executed through monetary

transfers to such host nations: Provided further, That the Department of Defense’s budget submission for fiscal year 2002 shall identify such sums anticipated in residual value settlements, and identify such construction, real property maintenance or base operating

costs that shall be funded by the host nation through such credits:

Provided further, That all military construction projects to be executed from such accounts must be previously approved in a prior

Act of Congress: Provided further, That each such executive agreement with a NATO member host nation shall be reported to the congressional defense committees, the Committee on International Relations of the House of Representatives and the Committee on Foreign

Relations of the Senate 30 days prior to the conclusion and endorsement of any such agreement established under this provision.

SEC. 8020. None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M–

1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or

M–1911 pistols.

SEC. 8021. No more than $500,000 of the funds appropriated

or made available in this Act shall be used during a single fiscal

year for any single relocation of an organization, unit, activity or

function of the Department of Defense into or within the National

Capital Region: Provided, That the Secretary of Defense may waive

this restriction on a case-by-case basis by certifying in writing to the

congressional defense committees that such a relocation is required

in the best interest of the Government.

SEC. 8022. In addition to the funds provided elsewhere in this

Act, $8,000,000 is appropriated only for incentive payments authorized by section 504 of the Indian Financing Act of 1974 (25 U.S.C.

1544): Provided, That a subcontractor at any tier shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25

U.S.C. 1544).

SEC. 8023. During the current fiscal year, funds appropriated

or otherwise available for any Federal agency, the Congress, the judicial branch, or the District of Columbia may be used for the pay,

allowances, and benefits of an employee as defined by section 2105

of title 5, United States Code, or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who—

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

Forces, as described in section 10101 of title 10, United States

25

Code, or the National Guard, as described in section 101 of title

32, United States Code;

(2) performs, for the purpose of providing military aid to

enforce the law or providing assistance to civil authorities in

the protection or saving of life or property or prevention of

injury—

(A) Federal service under sections 331, 332, 333, or

12406 of title 10, United States Code, or other provision of

law, as applicable; or

(B) full-time military service for his or her State, the

District of Columbia, the Commonwealth of Puerto Rico, or

a territory of the United States; and

(3) requests and is granted—

(A) leave under the authority of this section; or

(B) annual leave, which may be granted without regard to the provisions of sections 5519 and 6323(b) of title

5, United States Code, if such employee is otherwise entitled to such annual leave:

Provided, That any employee who requests leave under subsection

(3)(A) for service described in subsection (2) of this section is entitled

to such leave, subject to the provisions of this section and of the last

sentence of section 6323(b) of title 5, United States Code, and such

leave shall be considered leave under section 6323(b) of title 5,

United States Code.

SEC. 8024. None of the funds appropriated by this Act shall be

available to perform any cost study pursuant to the provisions of

OMB Circular A–76 if the study being performed exceeds a period

of 24 months after initiation of such study with respect to a single

function activity or 48 months after initiation of such study for a

multi-function activity.

SEC. 8025. Funds appropriated by this Act for the American

Forces Information Service shall not be used for any national or

international political or psychological activities.

SEC. 8026. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian

employees hired for certain health care occupations as authorized

for the Secretary of Veterans Affairs by section 7455 of title 38,

United States Code.

SEC. 8027. None of the funds appropriated or made available

in this Act shall be used to reduce or disestablish the operation of

the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act.

SEC. 8028. (a) Of the funds for the procurement of supplies or

services appropriated by this Act, qualified nonprofit agencies for

the blind or other severely handicapped shall be afforded the maximum practicable opportunity to participate as subcontractors and

suppliers in the performance of contracts let by the Department of

Defense.

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

negotiated with a military service or defense agency a subcontracting plan for the participation by small business concerns pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d))

shall be given credit toward meeting that subcontracting goal for

26

any purchases made from qualified nonprofit agencies for the blind

or other severely handicapped.

(c) For the purpose of this section, the phrase ‘‘qualified nonprofit agency for the blind or other severely handicapped’’ means a

nonprofit agency for the blind or other severely handicapped that

has been approved by the Committee for the Purchase from the

Blind and Other Severely Handicapped under the Javits-WagnerO’Day Act (41 U.S.C. 46–48).

SEC. 8029. During the current fiscal year, net receipts pursuant

to collections from third party payers pursuant to section 1095 of

title 10, United States Code, shall be made available to the local facility of the uniformed services responsible for the collections and

shall be over and above the facility’s direct budget amount.

SEC. 8030. During the current fiscal year, the Department of

Defense is authorized to incur obligations of not to exceed

$350,000,000 for purposes specified in section 2350j(c) of title 10,

United States Code, in anticipation of receipt of contributions, only

from the Government of Kuwait, under that section: Provided, That

upon receipt, such contributions from the Government of Kuwait

shall be credited to the appropriations or fund which incurred such

obligations.

SEC. 8031. Of the funds made available in this Act, not less

than $21,417,000 shall be available for the Civil Air Patrol Corporation, of which $19,417,000 shall be available for Civil Air Patrol Corporation operation and maintenance to support readiness

activities which includes $2,000,000 for the Civil Air Patrol

counterdrug program: Provided, That funds identified for ‘‘Civil Air

Patrol’’ under this section are intended for and shall be for the exclusive use of the Civil Air Patrol Corporation and not for the Air

Force or any unit thereof.

SEC. 8032. (a) None of the funds appropriated in this Act are

available to establish a new Department of Defense (department)

federally funded research and development center (FFRDC), either

as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership

corporation consisting of a consortium of other FFRDCs and other

non-profit entities.

(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity,

may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal

year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per

diem as authorized under the Federal Joint Travel Regulations,

when engaged in the performance of membership duties.

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

funds available to the department from any source during fiscal

year 2001 may be used by a defense FFRDC, through a fee or other

payment mechanism, for construction of new buildings, for payment

of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions,

not to include employee participation in community service and/or

development.

27

(d) Notwithstanding any other provision of law, of the funds

available to the department during fiscal year 2001, not more than

6,227 staff years of technical effort (staff years) may be funded for

defense FFRDCs: Provided, That of the specific amount referred to

previously in this subsection, not more than 1,009 staff years may

be funded for the defense studies and analysis FFRDCs.

(e) The Secretary of Defense shall, with the submission of the

department’s fiscal year 2002 budget request, submit a report presenting the specific amounts of staff years of technical effort to be

allocated for each defense FFRDC during that fiscal year.

SEC. 8033. None of the funds appropriated or made available

in this Act shall be used to procure carbon, alloy or armor steel

plate for use in any Government-owned facility or property under

the control of the Department of Defense which were not melted and

rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply

Class 9515, American Society of Testing and Materials (ASTM) or

American Iron and Steel Institute (AISI) specifications of carbon,

alloy or armor steel plate: Provided further, That the Secretary of

the military department responsible for the procurement may waive

this restriction on a case-by-case basis by certifying in writing to the

Committees on Appropriations of the House of Representatives and

the Senate that adequate domestic supplies are not available to meet

Department of Defense requirements on a timely basis and that such

an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions

shall not apply to contracts which are in being as of the date of the

enactment of this Act.

SEC. 8034. For the purposes of this Act, the term ‘‘congressional

defense committees’’ means the Armed Services Committee of the

House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

SEC. 8035. During the current fiscal year, the Department of

Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of

components and other Defense-related articles, through competition

between Department of Defense depot maintenance activities and

private firms: Provided, That the Senior Acquisition Executive of the

military department or defense agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private

bids: Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section.

SEC. 8036. (a)(1) If the Secretary of Defense, after consultation

with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph

(2) has violated the terms of the agreement by discriminating

against certain types of products produced in the United States that

are covered by the agreement, the Secretary of Defense shall rescind

the Secretary’s blanket waiver of the Buy American Act with respect

to such types of products produced in that foreign country.

28

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

defense procurement memorandum of understanding, between the

United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for

certain products in that country.

(b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2001. Such report shall separately indicate the dollar value of items for which the Buy American Act was

waived pursuant to any agreement described in subsection (a)(2),

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

international agreement to which the United States is a party.

(c) For purposes of this section, the term ‘‘Buy American Act’’

means title III of the Act entitled ‘‘An Act making appropriations for

the Treasury and Post Office Departments for the fiscal year ending

June 30, 1934, and for other purposes’’, approved March 3, 1933 (41

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

SEC. 8037. Appropriations contained in this Act that remain

available at the end of the current fiscal year as a result of energy

cost savings realized by the Department of Defense shall remain

available for obligation for the next fiscal year to the extent, and for

the purposes, provided in section 2865 of title 10, United States

Code.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8038. Amounts deposited during the current fiscal year to

the special account established under 40 U.S.C. 485(h)(2) and to the

special account established under 10 U.S.C. 2667(d)(1) are appropriated and shall be available until transferred by the Secretary of

Defense to current applicable appropriations or funds of the Department of Defense under the terms and conditions specified by 40

U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be

merged with and to be available for the same time period and the

same purposes as the appropriation to which transferred.

SEC. 8039. The President shall include with each budget for a

fiscal year submitted to the Congress under section 1105 of title 31,

United States Code, materials that shall identify clearly and separately the amounts requested in the budget for appropriation for

that fiscal year for salaries and expenses related to administrative

activities of the Department of Defense, the military departments,

and the defense agencies.

SEC. 8040. Notwithstanding any other provision of law, funds

available for ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’ may be obligated for the Young Marines program.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8041. During the current fiscal year, amounts contained in

the Department of Defense Overseas Military Facility Investment

Recovery Account established by section 2921(c)(1) of the National

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.

2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act: Provided, That none of the

funds made available for expenditure under this section may be

transferred or obligated until 30 days after the Secretary of Defense

submits a report which details the balance available in the Overseas

29

Military Facility Investment Recovery Account, all projected income

into the account during fiscal years 2001 and 2002, and the specific

expenditures to be made using funds transferred from this account

during fiscal year 2001.

SEC. 8042. Of the funds appropriated or otherwise made available by this Act, not more than $119,200,000 shall be available for

payment of the operating costs of NATO Headquarters: Provided,

That the Secretary of Defense may waive this section for Department

of Defense support provided to NATO forces in and around the

former Yugoslavia.

SEC. 8043. During the current fiscal year, appropriations which

are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item

unit cost of not more than $100,000.

SEC. 8044. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working

Capital Funds shall be used for the purchase of an investment item

for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year

to customers of the Department of Defense Working Capital Funds

if such an item would not have been chargeable to the Department

of Defense Business Operations Fund during fiscal year 1994 and

if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement.

(b) The fiscal year 2002 budget request for the Department of

Defense as well as all justification material and other documentation supporting the fiscal year 2002 Department of Defense budget

shall be prepared and submitted to the Congress on the basis that

any equipment which was classified as an end item and funded in

a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2002 procurement appropriation

and not in the supply management business area or any other area

or category of the Department of Defense Working Capital Funds.

SEC. 8045. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for

obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2002: Provided, That funds appropriated,

transferred, or otherwise credited to the Central Intelligence Agency

Central Services Working Capital Fund during this or any prior or

subsequent fiscal year shall remain available until expended.

SEC. 8046. Notwithstanding any other provision of law, funds

made available in this Act for the Defense Intelligence Agency may

be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands.

SEC. 8047. Of the funds appropriated by the Department of Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $10,000,000 shall be made available only for

the mitigation of environmental impacts, including training and

technical assistance to tribes, related administrative support, the

gathering of information, documenting of environmental damage,

and developing a system for prioritization of mitigation and cost to

30

complete estimates for mitigation, on Indian lands resulting from

Department of Defense activities.

SEC. 8048. Amounts collected for the use of the facilities of the

National Science Center for Communications and Electronics during the current fiscal year pursuant to section 1459(g) of the Department of Defense Authorization Act, 1986, and deposited to the special account established under subsection 1459(g)(2) of that Act are

appropriated and shall be available until expended for the operation

and maintenance of the Center as provided for in subsection

1459(g)(2).

SEC. 8049. None of the funds appropriated in this Act may be

used to fill the commander’s position at any military medical facility with a health care professional unless the prospective candidate

can demonstrate professional administrative skills.

SEC. 8050. (a) None of the funds appropriated in this Act may

be expended by an entity of the Department of Defense unless the

entity, in expending the funds, complies with the Buy American Act.

For purposes of this subsection, the term ‘‘Buy American Act’’ means

title III of the Act entitled ‘‘An Act making appropriations for the

Treasury and Post Office Departments for the fiscal year ending

June 30, 1934, and for other purposes’’, approved March 3, 1933 (41

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

(b) If the Secretary of Defense determines that a person has

been convicted of intentionally affixing a label bearing a ‘‘Made in

America’’ inscription to any product sold in or shipped to the United

States that is not made in America, the Secretary shall determine,

in accordance with section 2410f of title 10, United States Code,

whether the person should be debarred from contracting with the

Department of Defense.

(c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress

that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products,

provided that American-made equipment and products are costcompetitive, quality-competitive, and available in a timely fashion.

SEC. 8051. None of the funds appropriated by this Act shall be

available for a contract for studies, analysis, or consulting services

entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement

determines—

(1) as a result of thorough technical evaluation, only one

source is found fully qualified to perform the proposed work;

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

proposal which offers significant scientific or technological

promise, represents the product of original thinking, and was

submitted in confidence by one source; or

(3) the purpose of the contract is to take advantage of

unique and significant industrial accomplishment by a specific

concern, or to insure that a new product or idea of a specific

concern is given financial support:

Provided, That this limitation shall not apply to contracts in an

amount of less than $25,000, contracts related to improvements of

equipment that is in development or production, or contracts as to

which a civilian official of the Department of Defense, who has been

31

confirmed by the Senate, determines that the award of such contract

is in the interest of the national defense.

SEC. 8052. (a) Except as provided in subsections (b) and (c),

none of the funds made available by this Act may be used—

(1) to establish a field operating agency; or

(2) to pay the basic pay of a member of the Armed Forces

or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that headquarters.

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case

basis, if the Secretary determines, and certifies to the Committees on

Appropriations of the House of Representatives and Senate that the

granting of the waiver will reduce the personnel requirements or the

financial requirements of the department.

(c) This section does not apply to field operating agencies funded within the National Foreign Intelligence Program.

SEC. 8053. Funds appropriated by this Act, or made available

by the transfer of funds in this Act, for intelligence activities are

deemed to be specifically authorized by the Congress for purposes of

section 504 of the National Security Act of 1947 (50 U.S.C. 414)

during fiscal year 2001 until the enactment of the Intelligence Authorization Act for Fiscal Year 2001.

SEC. 8054. Notwithstanding section 303 of Public Law 96–487

or any other provision of law, the Secretary of the Navy is authorized to lease real and personal property at Naval Air Facility, Adak,

Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, industrial or

other purposes: Provided, That notwithstanding any other provision

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

from facilities, buildings, and structures at Adak, Alaska, and may

demolish or otherwise dispose of such facilities, buildings, and

structures.

(RESCISSIONS)

SEC. 8055. Of the funds provided in Department of Defense Appropriations Acts, the following funds are hereby rescinded as of the

date of enactment of this Act, or October 1, 2000, whichever is later,

from the following accounts in the specified amounts:

‘‘Aircraft Procurement, Army, 2000/2002’’, $7,000,000;

‘‘Missile Procurement, Army, 2000/2002’’, $6,000,000;

‘‘Procurement of Weapons and Tracked Combat Vehicles,

Army, 2000/2002’’, $7,000,000;

‘‘Procurement of Ammunition, Army, 2000/2002’’,

$5,000,000;

‘‘Other Procurement, Army, 2000/2002’’, $16,000,000;

‘‘Aircraft Procurement, Navy, 2000/2002’’, $24,125,000;

‘‘Weapons Procurement, Navy, 2000/2002’’, $3,853,000;

‘‘Procurement of Ammunition, Navy and Marine Corps,

2000/2002’’, $1,463,000;

‘‘Shipbuilding and Conversion, Navy, 2000/2004’’,

$19,644,000;

‘‘Other Procurement, Navy, 2000/2002’’, $12,032,000;

‘‘Procurement, Marine Corps, 2000/2002’’, $3,623,000;

‘‘Aircraft Procurement, Air Force, 2000/2002’’, $32,743,000;

‘‘Missile Procurement, Air Force, 2000/2002’’, $5,500,000;

32

‘‘Procurement of Ammunition, Air Force, 2000/2002’’,

$1,232,000;

‘‘Other Procurement, Air Force, 2000/2002’’, $19,902,000;

‘‘Procurement, Defense-Wide, 2000/2002’’, $6,683,000;

‘‘Research, Development, Test and Evaluation, Army, 2000/

2001’’, $20,592,000;

‘‘Research, Development, Test and Evaluation, Navy, 2000/

2001’’, $35,621,000;

‘‘Research, Development, Test and Evaluation, Air Force,

2000/2001’’, $53,467,000;

‘‘Research, Development, Test and Evaluation, DefenseWide, 2000/2001’’, $36,297,000;

‘‘Defense Health Program, 2000/2002’’, $808,000; and

‘‘Chemical Agents and Munitions Destruction, Army, 2000/

2002’’, $1,103,000:

Provided, That these reductions shall be applied proportionally to

each budget activity, activity group and subactivity group and each

program, project and activity within each appropriation account:

Provided further, That such proportionate reduction shall not be applied to any funds that will not remain available for obligation beyond fiscal year 2000: Provided further, That the following additional amounts are hereby rescinded as of the date of enactment of

this Act, or October 1, 2000, whichever is later, from the following

accounts in the specified amounts:

‘‘Other Procurement, Army, 1999/2001’’, $3,000,000;

‘‘Aircraft Procurement, Air Force, 1999/2001’’, $12,300,000;

‘‘Other Procurement, Air Force, 1999/2001’’, $8,000,000;

‘‘Procurement of Weapons and Tracked Combat Vehicles,

Army, 2000/2002’’, $23,000,000;

‘‘Other Procurement, Army, 2000/2002’’, $29,300,000;

‘‘Aircraft Procurement, Navy, 2000/2002’’, $6,500,000;

‘‘Aircraft Procurement, Air Force, 2000/2002’’, $24,000,000;

‘‘Missile Procurement, Air Force, 2000/2002’’, $36,192,000;

‘‘Other Procurement, Air Force, 2000/2002’’, $20,000,000;

‘‘Research, Development, Test and Evaluation, Army, 2000/

2001’’, $22,000,000;

‘‘Research, Development, Test and Evaluation, Air Force,

2000/2001’’, $30,000,000; and

‘‘Reserve Mobilization Income Insurance Fund’’,

$13,000,000.

SEC. 8056. None of the funds available in this Act may be used

to reduce the authorized positions for military (civilian) technicians

of the Army National Guard, the Air National Guard, Army Reserve

and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on

military (civilian) technicians, unless such reductions are a direct

result of a reduction in military force structure.

SEC. 8057. None of the funds appropriated or otherwise made

available in this Act may be obligated or expended for assistance to

the Democratic People’s Republic of North Korea unless specifically

appropriated for that purpose.

SEC. 8058. During the current fiscal year, funds appropriated

in this Act are available to compensate members of the National

Guard for duty performed pursuant to a plan submitted by a Governor of a State and approved by the Secretary of Defense under secVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
33

tion 112 of title 32, United States Code: Provided, That during the

performance of such duty, the members of the National Guard shall

be under State command and control: Provided further, That such

duty shall be treated as full-time National Guard duty for purposes

of sections 12602(a)(2) and (b)(2) of title 10, United States Code.

SEC. 8059. Funds appropriated in this Act for operation and

maintenance of the Military Departments, Combatant Commands

and Defense Agencies shall be available for reimbursement of pay,

allowances and other expenses which would otherwise be incurred

against appropriations for the National Guard and Reserve when

members of the National Guard and Reserve provide intelligence or

counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and

programs included within the National Foreign Intelligence Program (NFIP), the Joint Military Intelligence Program (JMIP), and

the Tactical Intelligence and Related Activities (TIARA) aggregate:

Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.

SEC. 8060. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the civilian medical

and medical support personnel assigned to military treatment facilities below the September 30, 2000 level: Provided, That the Service

Surgeons General may waive this section by certifying to the congressional defense committees that the beneficiary population is declining in some catchment areas and civilian strength reductions

may be consistent with responsible resource stewardship and capitation-based budgeting.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8061. None of the funds appropriated in this Act may be

transferred to or obligated from the Pentagon Reservation Maintenance Revolving Fund, unless the Secretary of Defense certifies that

the total cost for the planning, design, construction and installation

of equipment for the renovation of the Pentagon Reservation will not

exceed $1,222,000,000.

SEC. 8062. (a) None of the funds available to the Department

of Defense for any fiscal year for drug interdiction or counter-drug

activities may be transferred to any other department or agency of

the United States except as specifically provided in an appropriations law.

(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the

United States except as specifically provided in an appropriations

law.

(TRANSFER OF FUNDS)

SEC. 8063. Appropriations available in this Act under the heading ‘‘Operation and Maintenance, Defense-Wide’’ for increasing energy and water efficiency in Federal buildings may, during their period of availability, be transferred to other appropriations or funds

of the Department of Defense for projects related to increasing energy and water efficiency, to be merged with and to be available for

34

the same general purposes, and for the same time period, as the appropriation or fund to which transferred.

SEC. 8064. None of the funds appropriated in fiscal year 2000

and by this Act may be used for the procurement of vessel propellers

and ball and roller bearings other than those produced by a domestic source and of domestic origin: Provided, That the Secretary of

the military department responsible for such procurement may

waive this restriction on a case-by-case basis by certifying in writing

to the Committees on Appropriations of the House of Representatives

and the Senate, that adequate domestic supplies are not available

to meet Department of Defense requirements on a timely basis and

that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to the purchase of ‘‘commercial items’’, as

defined by section 4(12) of the Office of Federal Procurement Policy

Act, except that the restriction shall apply to ball or roller bearings

purchased as end items.

SEC. 8065. Notwithstanding any other provision of law, funds

available to the Department of Defense shall be made available to

provide transportation of medical supplies and equipment, on a

nonreimbursable basis, to American Samoa, and funds available to

the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable

basis, to the Indian Health Service when it is in conjunction with

a civil-military project.

SEC. 8066. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United

States, unless the Secretary of Defense certifies to the congressional

defense committees that such an acquisition must be made in order

to acquire capability for national security purposes that is not available from United States manufacturers.

SEC. 8067. Notwithstanding any other provision of law, the

Naval shipyards of the United States shall be eligible to participate

in any manufacturing extension program financed by funds appropriated in this or any other Act.

SEC. 8068. Notwithstanding any other provision of law, each

contract awarded by the Department of Defense during the current

fiscal year for construction or service performed in whole or in part

in a State (as defined in section 381(d) of title 10, United States

Code) which is not contiguous with another State and has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor, shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in such State that is not contiguous with another State, individuals who are residents of such

State and who, in the case of any craft or trade, possess or would

be able to acquire promptly the necessary skills: Provided, That the

Secretary of Defense may waive the requirements of this section, on

a case-by-case basis, in the interest of national security.

SEC. 8069. During the current fiscal year, the Army shall use

the former George Air Force Base as the airhead for the National

Training Center at Fort Irwin: Provided, That none of the funds in

this Act shall be obligated or expended to transport Army personnel

into Edwards Air Force Base for training rotations at the National

Training Center.

35

SEC. 8070. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES

AND SERVICES.—Notwithstanding any other provision of law, none

of the funds available to the Department of Defense for the current

fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services

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

in subsection (b) unless the congressional defense committees, the

Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate are notified 15 days in advance of such transfer.

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

(1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the

United Nations Charter under the authority of a United Nations Security Council resolution; and

(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation.

(c) REQUIRED NOTICE.—A notice under subsection (a) shall include the following:

(1) A description of the equipment, supplies, or services to

be transferred.

(2) A statement of the value of the equipment, supplies, or

services to be transferred.

(3) In the case of a proposed transfer of equipment or

supplies—

(A) a statement of whether the inventory requirements

of all elements of the Armed Forces (including the reserve

components) for the type of equipment or supplies to be

transferred have been met; and

(B) a statement of whether the items proposed to be

transferred will have to be replaced and, if so, how the

President proposes to provide funds for such replacement.

SEC. 8071. To the extent authorized by subchapter VI of chapter

148 of title 10, United States Code, the Secretary of Defense may

issue loan guarantees in support of United States defense exports

not otherwise provided for: Provided, That the total contingent liability of the United States for guarantees issued under the authority of this section may not exceed $15,000,000,000: Provided further,

That the exposure fees charged and collected by the Secretary for

each guarantee shall be paid by the country involved and shall not

be financed as part of a loan guaranteed by the United States: Provided further, That the Secretary shall provide quarterly reports to

the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate and the Committees on Appropriations, Armed

Services, and International Relations in the House of Representatives on the implementation of this program: Provided further, That

amounts charged for administrative fees and deposited to the special account provided for under section 2540c(d) of title 10, shall be

available for paying the costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under subchapter VI of chapter 148 of title 10, United States

Code.

SEC. 8072. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a conVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00039 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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tractor under a contract with the Department of Defense for costs of

any amount paid by the contractor to an employee when—

(1) such costs are for a bonus or otherwise in excess of the

normal salary paid by the contractor to the employee; and

(2) such bonus is part of restructuring costs associated with

a business combination.

SEC. 8073. (a) None of the funds appropriated or otherwise

made available in this Act may be used to transport or provide for

the transportation of chemical munitions or agents to the Johnston

Atoll for the purpose of storing or demilitarizing such munitions or

agents.

(b) The prohibition in subsection (a) shall not apply to any obsolete World War II chemical munition or agent of the United States

found in the World War II Pacific Theater of Operations.

(c) The President may suspend the application of subsection (a)

during a period of war in which the United States is a party.

SEC. 8074. None of the funds provided in title II of this Act for

‘‘Former Soviet Union Threat Reduction’’ may be obligated or expended to finance housing for any individual who was a member

of the military forces of the Soviet Union or for any individual who

is or was a member of the military forces of the Russian Federation.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8075. During the current fiscal year, no more than

$30,000,000 of appropriations made in this Act under the heading

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred to

appropriations available for the pay of military personnel, to be

merged with, and to be available for the same time period as the

appropriations to which transferred, to be used in support of such

personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant

to section 2012 of title 10, United States Code.

SEC. 8076. For purposes of section 1553(b) of title 31, United

States Code, any subdivision of appropriations made in this Act

under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be

considered to be for the same purpose as any subdivision under the

heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations in

any prior year, and the 1 percent limitation shall apply to the total

amount of the appropriation.

SEC. 8077. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed

under the provisions of section 1552 of title 31, United States Code,

and which has a negative unliquidated or unexpended balance, an

obligation or an adjustment of an obligation may be charged to any

current appropriation account for the same purpose as the expired

or closed account if—

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the

end of the period of availability or closing of that account;

(2) the obligation is not otherwise properly chargeable to

any current appropriation account of the Department of Defense; and

(3) in the case of an expired account, the obligation is not

chargeable to a current appropriation of the Department of DeVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00040 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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fense under the provisions of section 1405(b)(8) of the National

Defense Authorization Act for Fiscal Year 1991, Public Law

101–510, as amended (31 U.S.C. 1551 note): Provided, That in

the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a

current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation

under this section may not exceed an amount equal to 1 percent

of the total appropriation for that account.

SEC. 8078. The Under Secretary of Defense (Comptroller) shall

submit to the congressional defense committees by February 1, 2001,

a detailed report identifying, by amount and by separate budget activity, activity group, subactivity group, line item, program element,

program, project, subproject, and activity, any activity for which the

fiscal year 2002 budget request was reduced because the Congress

appropriated funds above the President’s budget request for that

specific activity for fiscal year 2001.

SEC. 8079. Funds appropriated in title II of this Act and for the

Defense Health Program in title VI of this Act for supervision and

administration costs for facilities maintenance and repair, minor

construction, or design projects may be obligated at the time the reimbursable order is accepted by the performing activity: Provided,

That for the purpose of this section, supervision and administration

costs includes all in-house Government cost.

SEC. 8080. During the current fiscal year, the Secretary of Defense may waive reimbursement of the cost of conferences, seminars,

courses of instruction, or similar educational activities of the AsiaPacific Center for Security Studies for military officers and civilian

officials of foreign nations if the Secretary determines that attendance by such personnel, without reimbursement, is in the national

security interest of the United States: Provided, That costs for which

reimbursement is waived pursuant to this section shall be paid from

appropriations available for the Asia-Pacific Center.

SEC. 8081. (a) Notwithstanding any other provision of law, the

Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of

the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis.

(b) Amounts collected under subsection (a) shall be credited to

funds available for the National Guard Distance Learning Project

and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation.

SEC. 8082. Using funds available by this Act or any other Act,

the Secretary of the Air Force, pursuant to a determination under

section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the

Kaiserslautern Military Community in the Federal Republic of Germany: Provided, That in the City of Kaiserslautern such agreements

will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional MedVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00041 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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ical Center and Ramstein Air Base, furnished heat may be obtained

from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy

source.

SEC. 8083. Notwithstanding 31 U.S.C. 3902, during the current

fiscal year, interest penalties may be paid by the Department of Defense from funds financing the operation of the military department

or defense agency with which the invoice or contract payment is associated.

SEC. 8084. None of the funds appropriated in title IV of this Act

may be used to procure end-items for delivery to military forces for

operational training, operational use or inventory requirements:

Provided, That this restriction does not apply to end-items used in

development, prototyping, and test activities preceding and leading

to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within the National

Foreign Intelligence Program: Provided further, That the Secretary

of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House

of Representatives and the Senate that it is in the national security

interest to do so.

SEC. 8085. Notwithstanding any other provision in this Act, the

total amount appropriated in this Act is hereby reduced by

$800,000,000 to reflect working capital fund cash balance and rate

stabilization adjustments, to be distributed as follows:

‘‘Operation and Maintenance, Army’’, $40,794,000;

‘‘Operation and Maintenance, Navy’’, $271,856,000;

‘‘Operation and Maintenance, Marine Corps’’, $5,006,000;

‘‘Operation and Maintenance, Air Force’’, $294,209,000;

‘‘Operation and Maintenance, Defense-Wide’’, $10,864,000;

‘‘Operation and Maintenance, Navy Reserve’’, $31,669,000;

‘‘Operation and Maintenance, Marine Corps Reserve’’,

$563,000;

‘‘Operation and Maintenance, Air Force Reserve’’,

$43,974,000;

‘‘Operation and Maintenance, Army National Guard’’,

$15,572,000; and

‘‘Operation and Maintenance, Air National Guard’’,

$85,493,000.

SEC. 8086. Notwithstanding any other provision of this Act, the

amounts provided in all appropriation accounts in titles III and IV

of this Act are hereby reduced by 0.7 percent: Provided, That these

reductions shall be applied on a pro-rata basis to each line item,

program element, program, project, subproject, and activity within

each appropriation account: Provided further, That not later than

60 days after the enactment of this Act, the Under Secretary of Defense (Comptroller) shall submit a report to the congressional defense committees listing the specific funding reductions allocated to

each category listed in the preceding proviso pursuant to this section.

SEC. 8087. None of the funds made available in this Act may

be used to approve or license the sale of the F–22 advanced tactical

fighter to any foreign government.

SEC. 8088. (a) The Secretary of Defense may, on a case-by-case

basis, waive with respect to a foreign country each limitation on the

39

procurement of defense items from foreign sources provided in law

if the Secretary determines that the application of the limitation

with respect to that country would invalidate cooperative programs

entered into between the Department of Defense and the foreign

country, or would invalidate reciprocal trade agreements for the

procurement of defense items entered into under section 2531 of title

10, United States Code, and the country does not discriminate

against the same or similar defense items produced in the United

States for that country.

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

(1) contracts and subcontracts entered into on or after the

date of the enactment of this Act; and

(2) options for the procurement of items that are exercised

after such date under contracts that are entered into before such

date if the option prices are adjusted for any reason other than

the application of a waiver granted under subsection (a).

(c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of

the Harmonized Tariff Schedule and products classified under

headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218

through 7229, 7304.41 through 7304.49, 7306.40, 7502 through

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

SEC. 8089. Funds made available to the Civil Air Patrol in this

Act under the heading ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’ may be used for the Civil Air Patrol Corporation’s

counterdrug program, including its demand reduction program involving youth programs, as well as operational and training drug

reconnaissance missions for Federal, State, and local government

agencies; for administrative costs, including the hiring of Civil Air

Patrol Corporation employees; for travel and per diem expenses of

Civil Air Patrol Corporation personnel in support of those missions;

and for equipment needed for mission support or performance: Provided, That the Department of the Air Force should waive reimbursement from the Federal, State, and local government agencies

for the use of these funds.

SEC. 8090. Notwithstanding any other provision of law, the

TRICARE managed care support contracts in effect, or in final

stages of acquisition as of September 30, 2000, may be extended for

2 years: Provided, That any such extension may only take place if

the Secretary of Defense determines that it is in the best interest of

the Government: Provided further, That any contract extension shall

be based on the price in the final best and final offer for the last

year of the existing contract as adjusted for inflation and other factors mutually agreed to by the contractor and the Government: Provided further, That notwithstanding any other provision of law, all

future TRICARE managed care support contracts replacing contracts in effect, or in the final stages of acquisition as of September

30, 2000, may include a base contract period for transition and up

to seven 1-year option periods.

SEC. 8091. None of the funds in this Act may be used to compensate an employee of the Department of Defense who initiates a

new start program without notification to the Office of the Secretary

of Defense, the Office of Management and Budget, and the congresVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00043 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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sional defense committees, as required by Department of Defense financial management regulations.

SEC. 8092. (a) PROHIBITION.—None of the funds made available

by this Act may be used to support any training program involving

a unit of the security forces of a foreign country if the Secretary of

Defense has received credible information from the Department of

State that the unit has committed a gross violation of human rights,

unless all necessary corrective steps have been taken.

(b) MONITORING.—The Secretary of Defense, in consultation

with the Secretary of State, shall ensure that prior to a decision to

conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces.

(c) WAIVER.—The Secretary of Defense, after consultation with

the Secretary of State, may waive the prohibition in subsection (a)

if he determines that such waiver is required by extraordinary circumstances.

(d) REPORT.—Not more than 15 days after the exercise of any

waiver under subsection (c), the Secretary of Defense shall submit

a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training

program, the United States forces and the foreign security forces involved in the training program, and the information relating to

human rights violations that necessitates the waiver.

SEC. 8093. The Secretary of Defense, in coordination with the

Secretary of Health and Human Services, may carry out a program

to distribute surplus dental equipment of the Department of Defense, at no cost to the Department of Defense, to Indian health service facilities and to federally-qualified health centers (within the

meaning of section 1905(l)(2)(B) of the Social Security Act (42

U.S.C. 1396d(l)(2)(B))).

SEC. 8094. Notwithstanding any other provision in this Act, the

total amount appropriated in this Act is hereby reduced by

$856,900,000 to reflect savings from favorable foreign currency fluctuations, to be distributed as follows:

‘‘Military Personnel, Army’’, $177,200,000;

‘‘Military Personnel, Navy’’, $53,400,000;

‘‘Military Personnel, Marine Corps’’, $14,200,000;

‘‘Military Personnel, Air Force’’, $147,600,000;

‘‘Operation and Maintenance, Army’’, $272,200,000;

‘‘Operation and Maintenance, Navy’’, $47,000,000;

‘‘Operation and Maintenance, Marine Corps’’, $2,200,000;

‘‘Operation and Maintenance, Air Force’’, $96,000,000;

‘‘Operation and Maintenance, Defense-Wide’’, $26,400,000;

and

‘‘Defense Health Program’’, $20,700,000.

SEC. 8095. None of the funds appropriated or made available

in this Act to the Department of the Navy shall be used to develop,

lease or procure the ADC(X) class of ships unless the main propulsion diesel engines and propulsors are manufactured in the United

States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis

by certifying in writing to the Committees on Appropriations of the

House of Representatives and the Senate that adequate domestic

41

supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made

in order to acquire capability for national security purposes or there

exists a significant cost or quality difference.

SEC. 8096. Of the funds made available in this Act, not less

than $65,200,000 shall be available to maintain an attrition reserve

force of 18 B–52 aircraft, of which $3,200,000 shall be available

from ‘‘Military Personnel, Air Force’’, $36,900,000 shall be available

from ‘‘Operation and Maintenance, Air Force’’, and $25,100,000

shall be available from ‘‘Aircraft Procurement, Air Force’’: Provided,

That the Secretary of the Air Force shall maintain a total force of

94 B–52 aircraft, including 18 attrition reserve aircraft, during fiscal year 2001: Provided further, That the Secretary of Defense shall

include in the Air Force budget request for fiscal year 2002 amounts

sufficient to maintain a B–52 force totaling 94 aircraft.

SEC. 8097. The budget of the President for fiscal year 2002 submitted to the Congress pursuant to section 1105 of title 31, United

States Code, and each annual budget request thereafter, shall include separate budget justification documents for costs of United

States Armed Forces’ participation in contingency operations for the

Military Personnel accounts, the Overseas Contingency Operations

Transfer Fund, the Operation and Maintenance accounts, and the

Procurement accounts: Provided, That these budget justification

documents shall include a description of the funding requested for

each anticipated contingency operation, for each military service, to

include active duty and Guard and Reserve components, and for

each appropriation account: Provided further, That these documents

shall include estimated costs for each element of expense or object

class, a reconciliation of increases and decreases for ongoing contingency operations, and programmatic data including, but not limited

to troop strength for each active duty and Guard and Reserve component, and estimates of the major weapons systems deployed in

support of each contingency: Provided further, That these documents

shall include budget exhibits OP–5 and OP–32, as defined in the

Department of Defense Financial Management Regulation, for the

Overseas Contingency Operations Transfer Fund for fiscal years

2000 and 2001.

SEC. 8098. None of the funds appropriated or otherwise made

available by this or other Department of Defense Appropriations

Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business.

SEC. 8099. Notwithstanding any other provision of law, funds

appropriated in this Act under the heading ‘‘Research, Development,

Test and Evaluation, Defense-Wide’’ for any advanced concept technology demonstration project may only be obligated 30 days after a

report, including a description of the project and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the Secretary of Defense

may waive this restriction on a case-by-case basis by certifying to

the congressional defense committees that it is in the national interest to do so.

42

SEC. 8100. Notwithstanding any other provision of law, for the

purpose of establishing all Department of Defense policies governing

the provision of care provided by and financed under the military

health care system’s case management program under 10 U.S.C.

1079(a)(17), the term ‘‘custodial care’’ shall be defined as care designed essentially to assist an individual in meeting the activities

of daily living and which does not require the supervision of trained

medical, nursing, paramedical or other specially trained individuals: Provided, That the case management program shall provide

that members and retired members of the military services, and

their dependents and survivors, have access to all medically necessary health care through the health care delivery system of the

military services regardless of the health care status of the person

seeking the health care: Provided further, That the case management program shall be the primary obligor for payment of medically

necessary services and shall not be considered as secondarily liable

to title XIX of the Social Security Act, other welfare programs or

charity based care.

SEC. 8101. During the current fiscal year—

(1) refunds attributable to the use of the Government travel

card and refunds attributable to official Government travel arranged by Government Contracted Travel Management Centers may

be credited to operation and maintenance accounts of the Department of Defense which are current when the refunds are received;

and

(2) refunds attributable to the use of the Government Purchase

Card by military personnel and civilian employees of the Department of Defense may be credited to accounts of the Department of

Defense that are current when the refunds are received and that are

available for the same purposes as the accounts originally charged.

SEC. 8102. (a) REGISTERING INFORMATION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION OFFICER.—None of the funds

appropriated in this Act may be used for a mission critical or mission essential information technology system (including a system

funded by the defense working capital fund) that is not registered

with the Chief Information Officer of the Department of Defense. A

system shall be considered to be registered with that officer upon the

furnishing to that officer of notice of the system, together with such

information concerning the system as the Secretary of Defense may

prescribe. An information technology system shall be considered a

mission critical or mission essential information technology system

as defined by the Secretary of Defense.

(b) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN

ACT.—(1) During the current fiscal year, a major automated information system may not receive Milestone I approval, Milestone II

approval, or Milestone III approval, or their equivalent, within the

Department of Defense until the Chief Information Officer certifies,

with respect to that milestone, that the system is being developed in

accordance with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et

seq.). The Chief Information Officer may require additional certifications, as appropriate, with respect to any such system.

(2) The Chief Information Officer shall provide the congressional defense committees timely notification of certifications under

paragraph (1). Each such notification shall include, at a minimum,

the funding baseline and milestone schedule for each system covered

43

by such a certification and confirmation that the following steps

have been taken with respect to the system:

(A) Business process reengineering.

(B) An analysis of alternatives.

(C) An economic analysis that includes a calculation of the

return on investment.

(D) Performance measures.

(E) An information assurance strategy consistent with the

Department’s Global Information Grid.

(c) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘Chief Information Officer’’ means the senior

official of the Department of Defense designated by the Secretary of Defense pursuant to section 3506 of title 44, United

States Code.

(2) The term ‘‘information technology system’’ has the

meaning given the term ‘‘information technology’’ in section

5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).

(3) The term ‘‘major automated information system’’ has the

meaning given that term in Department of Defense Directive

5000.1.

SEC. 8103. During the current fiscal year, none of the funds

available to the Department of Defense may be used to provide support to another department or agency of the United States if such

department or agency is more than 90 days in arrears in making

payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable

basis: Provided, That this restriction shall not apply if the department is authorized by law to provide support to such department or

agency on a nonreimbursable basis, and is providing the requested

support pursuant to such authority: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis

by certifying in writing to the Committees on Appropriations of the

House of Representatives and the Senate that it is in the national

security interest to do so.

SEC. 8104. None of the funds provided in this Act may be used

to transfer to any nongovernmental entity ammunition held by the

Department of Defense that has a center-fire cartridge and a United

States military nomenclature designation of ‘‘armor penetrator’’,

‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or

‘‘armor-piercing incendiary-tracer (API–T)’’, except to an entity performing demilitarization services for the Department of Defense

under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles

are either: (1) rendered incapable of reuse by the demilitarization

process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State.

SEC. 8105. Notwithstanding any other provision of law, the

Chief of the National Guard Bureau, or his designee, may waive

payment of all or part of the consideration that otherwise would be

required under 10 U.S.C. 2667, in the case of a lease of personal

property for a period not in excess of 1 year to any organization

specified in 32 U.S.C. 508(d), or any other youth, social, or fraternal

44

non-profit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis.

SEC. 8106. Notwithstanding any other provision of law, that

not more than 35 percent of funds provided in this Act, may be obligated for environmental remediation under indefinite delivery/indefinite quantity contracts with a total contract value of

$130,000,000 or higher.

(TRANSFER OF FUNDS)

SEC. 8107. Of the funds made available under the heading ‘‘Operation and Maintenance, Air Force’’, $10,000,000 shall be transferred to the Department of Transportation to enable the Secretary

of Transportation to realign railroad track on Elmendorf Air Force

Base and Fort Richardson.

SEC. 8108. None of the funds appropriated by this Act shall be

used for the support of any nonappropriated funds activity of the

Department of Defense that procures malt beverages and wine with

nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the

United States unless such malt beverages and wine are procured

within that State, or in the case of the District of Columbia, within

the District of Columbia, in which the military installation is located: Provided, That in a case in which the military installation

is located in more than one State, purchases may be made in any

State in which the installation is located: Provided further, That

such local procurement requirements for malt beverages and wine

shall apply to all alcoholic beverages only for military installations

in States which are not contiguous with another State: Provided

further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be

procured from the most competitive source, price and other factors

considered.

SEC. 8109. During the current fiscal year, under regulations

prescribed by the Secretary of Defense, the Center of Excellence for

Disaster Management and Humanitarian Assistance may also pay,

or authorize payment for, the expenses of providing or facilitating

education and training for appropriate military and civilian personnel of foreign countries in disaster management, peace operations, and humanitarian assistance: Provided, That not later than

April 1, 2001, the Secretary of Defense shall submit to the congressional defense committees a report regarding the training of foreign

personnel conducted under this authority during the preceding fiscal year for which expenses were paid under the section: Provided

further, That the report shall specify the countries in which the

training was conducted, the type of training conducted, and the foreign personnel trained.

SEC. 8110. (a) The Department of Defense is authorized to enter

into agreements with the Veterans Administration and federallyfunded health agencies providing services to Native Hawaiians for

the purpose of establishing a partnership similar to the Alaska Federal Health Care Partnership, in order to maximize Federal resources in the provision of health care services by federally-funded

health agencies, applying telemedicine technologies. For the purpose

of this partnership, Native Hawaiians shall have the same status as

45

other Native Americans who are eligible for the health care services

provided by the Indian Health Service.

(b) The Department of Defense is authorized to develop a consultation policy, consistent with Executive Order No. 13084 (issued

May 14, 1998), with Native Hawaiians for the purpose of assuring

maximum Native Hawaiian participation in the direction and administration of governmental services so as to render those services

more responsive to the needs of the Native Hawaiian community.

(c) For purposes of this section, the term ‘‘Native Hawaiian’’

means any individual who is a descendant of the aboriginal people

who, prior to 1778, occupied and exercised sovereignty in the area

that now comprises the State of Hawaii.

SEC. 8111. None of the funds appropriated or otherwise made

available by this Act or any other Act may be made available for

reconstruction activities in the Republic of Serbia (excluding the

province of Kosovo) as long as Slobodan Milosevic remains the

President of the Federal Republic of Yugoslavia (Serbia and Montenegro).

SEC. 8112. In addition to the amounts provided elsewhere in

this Act, the amount of $7,500,000 is hereby appropriated for ‘‘Operation and Maintenance, Defense-Wide’’, to be available, notwithstanding any other provision of law, only for a grant to the United

Service Organizations Incorporated, a federally chartered corporation under chapter 2201 of title 36, United States Code. The grant

provided for by this section is in addition to any grant provided for

under any other provision of law.

SEC. 8113. Of the funds made available in this Act under the

heading ‘‘Operation and Maintenance, Defense-Wide’’, up to

$5,000,000 shall be available to provide assistance, by grant or otherwise, to public school systems that have unusually high concentrations of special needs military dependents enrolled: Provided, That

in selecting school systems to receive such assistance, special consideration shall be given to school systems in States that are considered overseas assignments.

SEC. 8114. In addition to the amounts provided elsewhere in

this Act, the amount of $5,000,000 is hereby appropriated for ‘‘Operation and Maintenance, Defense-Wide’’, to be available, notwithstanding any other provision of law, only for a grant to the High

Desert Partnership in Academic Excellence Foundation, Inc., for the

purpose of developing, implementing, and evaluating a standards

and performance based academic model at schools administered by

the Department of Defense Education Activity.

SEC. 8115. (a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to

the Air Force, without consideration, to Indian tribes located in the

States of North Dakota, South Dakota, Montana, and Minnesota

relocatable military housing units located at Grand Forks Air Force

Base and Minot Air Force Base that are excess to the needs of the

Air Force.

(b) PROCESSING OF REQUESTS.—The Secretary of the Air Force

shall convey, at no cost to the Air Force, military housing units

under subsection (a) in accordance with the request for such units

that are submitted to the Secretary by the Operation Walking Shield

Program on behalf of Indian tribes located in the States of North

Dakota, South Dakota, Montana, and Minnesota.

46

(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The Operation

Walking Shield program shall resolve any conflicts among requests

of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under paragraph

(b).

(d) INDIAN TRIBE DEFINED.—In this section, the term ‘‘Indian

tribe’’ means any recognized Indian tribe included on the current

list published by the Secretary of Interior under section 104 of the

federally Recognized Indian Tribe Act of 1994 (Public Law 103–454;

108 Stat. 4792; 25 U.S.C. 479a–1).

SEC. 8116. Of the amounts appropriated in the Act under the

heading ‘‘Research, Development, Test and Evaluation, DefenseWide’’, $51,000,000 shall be available for the purpose of adjusting

the cost-share of the parties under the Agreement between the Department of Defense and the Ministry of Defence of Israel for the

Arrow Deployability Program.

SEC. 8117. The Secretary of Defense shall fully identify and determine the validity of health care contract liabilities, requests for

equitable adjustment, and claims for unanticipated health care contract costs: Provided, That the Secretary of Defense shall establish

an equitable and timely process for the adjudication of claims, and

recognize actual liabilities during the Department’s planning, programming and budgeting process: Provided further, That not later

than March 1, 2001, the Secretary of Defense shall submit a report

to the congressional defense committees on the scope and extent of

health care contract claims, and on the action taken to implement

the provisions of this section: Provided further, That nothing in this

section should be construed as congressional direction to liquidate

or pay any claims that otherwise would not have been adjudicated

in favor of the claimant.

SEC. 8118. Funds available to the Department of Defense for

the Global Positioning System during the current fiscal year may be

used to fund civil requirements associated with the satellite and

ground control segments of such system’s modernization program.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8119. Of the amounts appropriated in this Act under the

heading, ‘‘Operation and Maintenance, Defense-Wide’’, $115,000,000

shall remain available until expended: Provided, That notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal

Government.

SEC. 8120. (a) REPORT TO THE CONGRESSIONAL DEFENSE COMMITTEES.—Not later than May 1, 2001, the Secretary of Defense

shall submit to the congressional defense committees a report on

work-related illnesses in the Department of Defense workforce, including the workforce of Department contractors and vendors, resulting from exposure to beryllium or beryllium alloys.

(b) PROCEDURE, METHODOLOGY, AND TIME PERIODS.—To the

maximum extent practicable, the Secretary shall use the same procedures, methodology, and time periods in carrying out the work required to prepare the report under subsection (a) as those used by

the Department of Energy to determine work-related illnesses in the

Department of Energy workforce associated with exposure to beryllium or beryllium alloys. To the extent that different procedures,

47

methodology, and time periods are used, the Secretary shall explain

in the report why those different procedures, methodology, or time

periods were used, why they were appropriate, and how they differ

from those used by the Department of Energy.

(c) REPORT ELEMENTS.—The report shall include the following:

(1) A description of the precautions used by the Department

of Defense and its contractors and vendors to protect their current employees from beryllium-related disease.

(2) Identification of elements of the Department of Defense

and of contractors and vendors to the Department of Defense

that use or have used beryllium or beryllium alloys in production of products for the Department of Defense.

(3) The number of employees (or, if an actual number is not

available, an estimate of the number of employees) employed by

each of the Department of Defense elements identified under

paragraph (2) that are or were exposed during the course of

their Defense-related employment to beryllium, beryllium dust,

or beryllium fumes.

(4) A characterization of the amount, frequency, and duration of exposure for employees identified under paragraph (3).

(5) Identification of the actual number of instances of acute

beryllium disease, chronic beryllium disease, or beryllium sensitization that have been documented to date among employees

of the Department of Defense and its contractors and vendors.

(6) The estimated cost if the Department of Defense were to

provide workers’ compensation benefits comparable to benefits

provided under the Federal Employees Compensation Act to employees, including former employees, of Government organizations, contractors, and vendors who have contracted berylliumrelated diseases.

(7) The Secretary’s recommendations on whether compensation for work-related illnesses in the Department of Defense

workforce, including contractors and vendors, is justified or recommended.

(8) Legislative proposals, if any, to implement the Secretary’s recommendations under paragraph (7).

SEC. 8121. Of the amounts made available in title II of this Act

for ‘‘Operation and Maintenance, Army’’, $1,900,000 shall be available only for the purpose of making a grant to the San Bernardino

County Airports Department for the installation of a perimeter security fence for that portion of the Barstow-Daggett Airport, California, which is used as a heliport for the National Training Center,

Fort Irwin, California, and for installation of other security improvements at that airport.

SEC. 8122. The Secretary of Defense may during the current fiscal year and hereafter carry out the activities and exercise the authorities provided under the demonstration program authorized by

section 9148 of the Department of Defense Appropriations Act, 1993

(Public Law 102–396; 106 Stat. 1941).

SEC. 8123. (a) Not later than 90 days after the date of the

source selection for the Interim Armored Vehicle program (also referred to as the Family of Medium Armored Vehicles program), the

Secretary of the Army shall submit to the congressional defense

committees a detailed report on that program. The report shall include the following:

48

(1) The required research and development cost for each

variant of the Interim Armored Vehicle to be procured and the

total research and development cost for the program.

(2) The major milestones for the development program for

the Interim Armored Vehicle program.

(3) The production unit cost of each variant of the Interim

Armored Vehicle to be procured.

(4) The total procurement cost of the Interim Armored Vehicle program.

(b) The Chairman of the Joint Chiefs of Staff shall submit to

the congressional defense committees a report (in both classified and

unclassified versions) on the joint warfighting requirements to be

met by the new medium brigades for the Army. The report shall describe any adjustments made to operational plans of the commanders of the unified combatant commands for use of those brigades. The report shall be submitted at the time that the President’s

budget for fiscal year 2002 is transmitted to Congress.

SEC. 8124. None of the funds made available in this Act or the

Department of Defense Appropriations Act, 2000 (Public Law 106–

79) may be used to award a full funding contract for low-rate initial

production for the F–22 aircraft program until—

(1) the first flight of an F–22 aircraft incorporating Block

3.0 software has been conducted;

(2) the Secretary of Defense certifies to the congressional defense committees that all Defense Acquisition Board exit criteria

for the award of low-rate initial production of the aircraft have

been met; and

(3) upon completion of the requirements under (1) and (2)

above, the Director of Operational Test and Evaluation submits

to the congressional defense committees a report assessing the

adequacy of testing to date to measure and predict performance

of F–22 avionics systems, stealth characteristics, and weapons

delivery systems.

SEC. 8125. (a) The total amount expended by the Department

of Defense for the F–22 aircraft program (over all fiscal years of the

life of the program) for engineering and manufacturing development

and for production may not exceed $58,028,200,000. The amount

provided in the preceding sentence shall be adjusted by the Secretary of the Air Force in the manner provided in section 217(c) of

Public Law 105–85 (111 Stat. 1660). This section supersedes any

limitation previously provided by law on the amount that may be

obligated or expended for engineering and manufacturing development under the F–22 aircraft program and any limitation previously provided by law on the amount that may be obligated or expended for the F–22 production program.

(b) The provisions of subsection (a) apply during the current fiscal year and subsequent fiscal years.

SEC. 8126. Notwithstanding any other provision in this Act, the

total amount appropriated in this Act under Title IV for the Ballistic Missile Defense Organization (BMDO) is hereby reduced by

$14,000,000 to reflect a reduction in system engineering, program

management, and other support costs.

SEC. 8127. The Ballistic Missile Defense Organization and its

subordinate offices and associated contractors, including the Lead

Systems Integrator, shall notify the congressional defense commitVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00052 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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tees 15 days prior to issuing any type of information or proposal solicitation under the NMD Program with a potential annual contract

value greater than $5,000,000 or a total contract value greater than

$30,000,000.

SEC. 8128. Up to $3,000,000 of the funds appropriated under

the heading, ‘‘Operation and Maintenance, Navy’’ in this Act for the

Pacific Missile Range Facility may be made available to contract for

the repair, maintenance, and operation of adjacent off-base water,

drainage, and flood control systems critical to base operations.

SEC. 8129. In addition to amounts appropriated elsewhere in

this Act, $20,000,000 is hereby appropriated to the Department of

Defense: Provided, That the Secretary of Defense shall make a grant

in the amount of $20,000,000 to the National Center for the Preservation of Democracy for the renovation of buildings and for other

purposes to assist in carrying out the intent of 50 U.S.C. App. 1989.

SEC. 8130. Of the funds made available under the heading ‘‘Operation and Maintenance, Air Force’’, not less than $7,000,000 shall

be made available by grant or otherwise, to the North Slope Borough, to provide assistance for health care, monitoring and related

issues associated with research conducted from 1955 to 1957 by the

former Arctic Aeromedical Laboratory.

SEC. 8131. None of the funds appropriated in this Act under the

heading ‘‘Overseas Contingency Operations Transfer Fund’’ may be

transferred or obligated for Department of Defense expenses not directly related to the conduct of overseas contingencies: Provided,

That the Secretary of Defense shall submit a report no later than

thirty days after the end of each fiscal quarter to the Committees on

Appropriations of the Senate and House of Representatives that details any transfer of funds from the ‘‘Overseas Contingency Operations Transfer Fund’’: Provided further, That the report shall explain any transfer for the maintenance of real property, pay of civilian personnel, base operations support, and weapon, vehicle or

equipment maintenance.

SEC. 8132. In addition to amounts made available elsewhere in

this Act, $1,000,000 is hereby appropriated to the Department of Defense to be available for payment to members of the uniformed services for reimbursement for mandatory pet quarantines as authorized

by law.

(TRANSFER OF FUNDS)

SEC. 8133. The Secretary of the Navy may transfer funds from

any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary ship cost changes for previous ship construction

programs appropriated in law: Provided, That the Secretary may

transfer not to exceed $300,000,000 under the authority provided by

this section: Provided further, That the funding transferred shall be

available for the same time period as the appropriation from which

transferred: Provided further, That the Secretary may not transfer

any funds until 30 days after the proposed transfer has been reported to the Committees on Appropriations of the Senate and the

House of Representatives: Provided further, That the transfer authority provided by this section is in addition to any other transfer

authority contained elsewhere in this Act.

50

SEC. 8134. In addition to amounts appropriated elsewhere in

this Act, $2,100,000 is hereby appropriated to the Department of Defense: Provided, That the Secretary of Defense shall make a grant

in the amount of $2,100,000 to the National D-Day Museum.

SEC. 8135. In addition to amounts appropriated elsewhere in

this Act, $5,000,000 is hereby appropriated to the Department of Defense: Provided, That the Secretary of the Army shall make available a grant of $5,000,000 only to the Chicago Public Schools for

conversion and expansion of the former Eighth Regiment National

Guard Armory (Bronzeville).

SEC. 8136. In addition to the amounts provided elsewhere in

this Act, the amount of $10,000,000 is hereby appropriated for ‘‘Operation and Maintenance, Navy’’, to accelerate the disposal and

scrapping of ships of the Navy Inactive Fleet and Maritime Administration National Defense Reserve Fleet: Provided, That the Secretary of the Navy and the Secretary of Transportation shall develop

criteria for selecting ships for scrapping or disposal based on their

potential for causing pollution, creating an environmental hazard

and cost of storage: Provided further, That the Secretary of the Navy

and the Secretary of Transportation shall report to the congressional defense committees no later than June 1, 2001 regarding the

total number of vessels currently designated for scrapping, and the

schedule and costs for scrapping these vessels.

SEC. 8137. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111, 10

U.S.C. 113 note) shall continue in effect to apply to disbursements

that are made by the Department of Defense in fiscal year 2001.

SEC. 8138. PRIVACY OF INDIVIDUAL MEDICAL RECORDS. None of

the funds provided in this Act shall be used to transfer, release, disclose, or otherwise make available to any individual or entity outside the Department of Defense for any non-national security or

non-law enforcement purposes an individual’s medical records without the consent of the individual.

SEC. 8139. Of the amount available under title II under the

heading ‘‘OPERATION AND MAINTENANCE, DEFENSE-WIDE’’,

$1,000,000 shall be available only for continuation of the Middle

East Regional Security Issues program.

SEC. 8140. Of the funds available in title II under the heading

‘‘OPERATION AND MAINTENANCE, DEFENSE-WIDE’’, $20,000,000 may

be available for information security initiatives: Provided, That, of

such amount, $5,000,000 is available for the Institute for Defense

Computer Security and Information Protection of the Department of

Defense, and $15,000,000 is available for the Information Security

Scholarship Program of the Department of Defense.

SEC. 8141. In addition to the amounts appropriated or otherwise made available in this Act, $5,000,000, to remain available

until September 30, 2001, is hereby appropriated to the Department

of Defense: Provided, That the Secretary of Defense shall make a

grant in the amount of $5,000,000 to the American Red Cross for

Armed Forces Emergency Services.

SEC. 8142. Of the amounts appropriated under title II under

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

$2,000,000 may be made available, subject to the enactment of authorizing legislation, for the Bosque Redondo Memorial in accordVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00054 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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ance with the provisions of title II of the bill S. 964 of the 106th

Congress, as passed the Senate on November 19, 1999.

SEC. 8143. Of the funds provided within title I of this Act, such

funds as may be necessary shall be available for a special subsistence allowance for members eligible to receive food stamp assistance, as authorized by law.

SEC. 8144. Section 8093 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 113 Stat. 1253) is amended

by striking subsection (d), relating to a prohibition on the use of Department of Defense funds to procure a nuclear-capable shipyard

crane from a foreign source.

SEC. 8145. Notwithstanding any other provision of law—

(1) from amounts made available for Research, Development, Test and Evaluation, Air Force in this Act and the Department of Defense Appropriations Act, 2000 (Public Law 106–

79), an aggregate amount of $99,700,000 (less any proportional

general reduction required by law and any reduction required

for the Small Business Innovative Research program) shall be

available only for the B–2 Link 16/Center Instrument Display/

In-Flight Replanner program; and

(2) the Secretary of the Air Force shall not be required to

obligate funds for potential termination liability in connection

with the B–2 Link 16/Center Instrument Display/In-Flight Replanner program.

SEC. 8146. Notwithstanding any other provision of law, not less

than $233,637,000 of the funds provided in this Act shall be available only for the Airborne Laser program.

SEC. 8147. (a) IN GENERAL.—Section 106 of title 38, United

States Code, is amended by adding at the end the following new

subsection:

‘‘(f) Service as a member of the Alaska Territorial Guard during

World War II of any individual who was honorably discharged

therefrom under section 8147 of the Department of Defense Appropriations Act, 2001, shall be considered active duty for purposes of

all laws administered by the Secretary.’’.

(b) DISCHARGE.—(1) The Secretary of Defense shall issue to

each individual who served as a member of the Alaska Territorial

Guard during World War II a discharge from such service under

honorable conditions if the Secretary determines that the nature

and duration of the service of the individual so warrants.

(2) A discharge under paragraph (1) shall designate the date of

discharge. The date of discharge shall be the date, as determined

by the Secretary, of the termination of service of the individual concerned as described in that paragraph.

(c) PROHIBITION ON RETROACTIVE BENEFITS.—No benefits shall

be paid to any individual for any period before the date of the enactment of this Act by reason of the enactment of this section.

SEC. 8148. UNITED STATES-CHINA SECURITY REVIEW COMMISSION. Subject to authorization, there are hereby appropriated, out of

any funds in the Treasury not otherwise appropriated, $3,000,000,

to remain available until expended, to the United States-China Security Review Commission for fiscal year 2001 to carry out its functions.

52

SEC. 8149. Section 1621 of Public Law 92–204 (43 U.S.C.

1621), the Alaska Native Claims Settlement Act, as amended, is further amended by inserting at the end the following:

‘‘(m) LICENSES HELD BY ALASKA NATIVE REGIONAL CORPORATIONS.—An Alaska Native regional corporation organized pursuant

to the Alaska Native Claims Settlement Act, or an affiliate thereof,

that holds a Federal Communications Commission license in the

personal communications service as of the date of enactment of this

section and has either paid for such license in full or has complied

with the payment schedules for such license shall be permitted to

transfer or assign without penalty such license to any transferee or

assignee. No economic penalties shall apply to any transfer or assignment authorized under this section. Any amounts owed to the

United States for the initial grant of such licenses shall become immediately due and payable upon the consummation of any such

transfer or assignment. Any application for such a transfer or assignment shall be deemed granted if not denied by the Commission

within 90 days of the date on which it was initially filed. Any provision of law or regulation to the contrary is hereby amended.’’.

SEC. 8150. For purposes of implementing section 206(b) of H.

Con. Res. 290 (106th Congress), the limits provided in section

302(a)(3)(A) of the Congressional Budget Act of 1974 shall not apply

with respect to fiscal year 2001.

SEC. 8151. (a) DESIGNATION.—The consolidated operations center planned for construction at Redstone Arsenal, Huntsville, Alabama, to house the Army’s Space and Missile Defense Command

and for other purposes, shall be known and designated as the

‘‘Wernher von Braun Complex’’.

(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the complex

referred to in subsection (a) shall be deemed to be a reference to the

‘‘Wernher von Braun Complex’’.

SEC. 8152. Of the funds provided in this Act under the heading

‘‘Research, Development, Test and Evaluation, Defense-Wide’’ for the

Pacific Disaster Center, $300,000 shall be made available for a

grant, to be awarded not later than 60 days after enactment of this

Act, to the Circum-Pacific Council for the Crowding the Rim Summit Initiative.

SEC. 8153. Upon enactment of this Act, the Departments of

Commerce, Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 2000 (as enacted into law by section 1000(a)(1)

of Public Law 106–113) is amended under the heading ‘‘Small Business Administration, Business Loans Program Account’’ in the first

paragraph by striking ‘‘Provided, That of the total provided,

$6,000,000 shall be available only for the cost of guaranteed loans

under the New Markets Venture Capital program and shall become

available for obligation only upon authorization of such program by

the enactment of subsequent legislation in fiscal year 2000:’’.

SEC. 8154. In addition to amounts appropriated elsewhere in

this Act, $1,650,000 is hereby appropriated to the Department of Defense, only for a competitively awarded grant to a medical research

institution for research among persons who served on active duty in

the Southwest Asia theater of operations during the Persian Gulf

War on (1) the possible health effect of exposure to low levels of hazardous chemicals, including chemical warfare agents and other subVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00056 Fmt 6659 Sfmt 6603 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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stances, and (2) the individual susceptibility of humans to such exposure under environmentally controlled conditions.

SEC. 8155. In addition to the amounts appropriated elsewhere in this Act, $2,000,000, to remain available until expended, is hereby appropriated to the Department of Defense: Provided, That notwithstanding any other provision of law, the Secretary of Defense

shall make available a grant of $2,000,000 to the Oakland Military

Institute, Oakland, California.

SEC. 8156. In addition to the amounts provided elsewhere in this Act, the amount of $10,000,000 is hereby appropriated for ‘‘Operation and Maintenance, Army’’ and shall be available to the Secretary of the Army, notwithstanding any other provision of law, only

to be provided as a grant to the City of San Bernardino, California,

contingent on the resolution of the case City of San Bernardino v.

United States, pending as of July 1, 2000, in the United States District Court for the Central District of California (C.D. Cal. Case No.

CV 96–8867).

SEC. 8157. The Secretary of Defense may transfer, at no cost,

the title/ownership of the alloying material being stored at the

Brownfield site in Bethlehem, Pennsylvania to the Bethlehem Development Corporation: Provided, That the net proceeds from the disposition of the materials are only for redevelopment of the

Brownfield site.

SEC. 8158. In addition to amounts provided in this Act,

$2,000,000 is hereby appropriated for ‘‘Defense Health Program’’, to

remain available for obligation until expended: Provided, That notwithstanding any other provision of law, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for

the construction and furnishing of additional Fisher Houses to meet

the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary.

SEC. 8159. The Office of Economic Adjustment may amend a

grant awarded in 1998 to the Commonwealth of Pennsylvania for

Industrial Modernization of Philadelphia Shipyard for the purpose

of undertaking community economic adjustment activities to provide

for the acquisition of equipment that would further the overall purpose of the grant: Provided, That such amendment shall not increase the grant period or the total amount of the grant award and

shall be deemed, for all purposes, to be within the scope of the original grant.

SEC. 8160. The appropriation under the heading ‘‘Defense Reinvestment for Economic Growth’’ in the Supplemental Appropriations

Act of 1993 (Public Law 103–50) is amended by striking ‘‘that date’’

and inserting ‘‘December 1, 2004’’: Provided, That the amendment,

made by this section shall be effective as of July 2, 1993.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8161. In addition to the amounts appropriated elsewhere

in this Act, $2,000,000, to remain available until expended, is hereby appropriated to the Department of Defense: Provided, That not

later than October 15, 2000, the Secretary of Defense shall transfer

these funds to the Department of Energy appropriation account

‘‘Fossil Energy Research and Development’’, only for a proposed conceptual design study to examine the feasibility of a zero emissions,

steam injection process with possible applications for increased

54

power generation efficiency, enhanced oil recovery and carbon sequestration.

SEC. 8162. Section 104 of the Emergency Supplemental Appropriations Act, 2000 (in title I, chapter 1, of division B of Public Law

106–246) is amended to read as follows: after ‘‘Procurement of

Weapons and Tracked Combat Vehicles, Army’’, insert the following:

‘‘, to remain available for obligation until September 30, 2002,’’.

SEC. 8163. Notwithstanding any other provision in this Act, the

total amount appropriated in this Act is hereby reduced by

$71,367,000, to reduce cost growth in consulting and advisory services and other contract growth, to be distributed as follows:

‘‘Operation and Maintenance, Army’’, $20,000,000;

‘‘Operation and Maintenance, Navy’’, $10,000,000;

‘‘Operation and Maintenance, Marine Corps’’, $367,000;

and

‘‘Operation and Maintenance, Air Force’’, $41,000,000.

SEC. 8164. Notwithstanding any other provision in this Act, the

total amount appropriated in this Act is hereby reduced by

$92,700,000, to reduce excess funded carryover, to be distributed as

follows:

‘‘Operation and Maintenance, Army’’, $40,500,000; and

‘‘Operation and Maintenance, Air Force’’, $52,200,000.

SEC. 8165. Notwithstanding any other provision in this Act, the

total amount appropriated in this Act is hereby reduced by

$159,076,000, to reduce growth in headquarters and administrative

activities, to be distributed as follows:

‘‘Operation and Maintenance, Army’’, $56,700,000;

‘‘Operation and Maintenance, Navy’’, $12,376,000; and

‘‘Operation and Maintenance, Air Force’’, $90,000,000.

SEC. 8166. Of the amounts provided in title II of this Act, the

following account is hereby reduced by the specified amount:

‘‘Overseas Contingency Operations Transfer Fund’’, $1,100,000,000.

TITLE IX

ADDITIONAL FISCAL YEAR 2000 EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF

DEFENSE

The following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, to provide additional emergency supplemental appropriations for the Department of Defense

for the fiscal year ending September 30, 2000, and for other purposes, namely:

DEPARTMENT OF DEFENSE—MILITARY

OPERATION AND MAINTENANCE

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for the ‘‘Overseas Contingency Operations Transfer Fund’’, $1,100,000,000, to remain available until expended: Provided, That the Secretary of Defense may transfer the

55

funds provided herein only to appropriations for military personnel;

operation and maintenance accounts; procurement; research, development, test and evaluation; the Defense Health Program; and to

working capital funds: Provided further, That the funds transferred

shall be merged with and shall be available for the same purposes

and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided in

this paragraph is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon a

determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such

amounts may be transferred back to this appropriation: Provided

further, That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent that an official budget request for a specific

dollar amount, that includes designation of the entire amount of the

request as an emergency requirement as defined by such Act, is

transmitted by the President to the Congress.

GENERAL PROVISIONS—THIS TITLE

SEC. 9001. (a) In addition to amounts appropriated or otherwise made available for the Department of Defense elsewhere in this

Act, the Department of Defense Appropriations Act, 2000 (Public

Law 106–79), and the Emergency Supplemental Act, 2000 (division

B of Public Law 106–246), there is hereby appropriated to the Department of Defense $679,000,000, as follows:

(1) For military personnel accounts, to remain available for

obligation until September 30, 2001, $50,000,000, only for

‘‘Military Personnel, Navy’’.

(2) For operation and maintenance accounts, to remain

available for obligation until September 30, 2001, $529,000,000,

as follows:

(i) For depot-level maintenance and repair,

$234,000,000, as follows:

‘‘Operation and Maintenance, Army’’, $50,000,000;

‘‘Operation and Maintenance, Navy’’, $162,000,000

(of which $20,000,000 is for aviation depot maintenance and $142,000,000 for ship depot maintenance);

‘‘Operation and Maintenance, Marine Corps’’,

$22,000,000.

(ii) For readiness spares kits, $45,000,000, only for

‘‘Operation and Maintenance, Air Force’’.

(iii) For real property maintenance, $250,000,000, as

follows:

‘‘Operation and Maintenance, Army’’, $70,000,000;

‘‘Operation and Maintenance, Navy’’, $70,000,000;

‘‘Operation and Maintenance, Marine Corps’’,

$40,000,000; and

‘‘Operation and Maintenance, Air Force’’,

$70,000,000.

(3) For the Defense Health Program, to remain available

for obligation until September 30, 2001, $100,000,000.

56

(b) EMERGENCY DESIGNATION.—The entire amount made available in this section—

(1) is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended; and

(2) shall be available only if the President transmits to the

Congress an official budget request for $679,000,000, which includes designation of the entire amount of the request as an

emergency requirement as defined in the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended.

SEC. 9002. Notwithstanding any other provision of this Act,

funds appropriated by this title, or made available by the transfer

of funds in this title, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of

the National Security Act of 1947 (50 U.S.C. 414).

This Act may be cited as the ‘‘Department of Defense Appropriations Act, 2001’’.

And the Senate agree to the same.

JERRY LEWIS,

BILL YOUNG,

JOE SKEEN,

DAVE HOBSON,

HENRY BONILLA,

GEORGE R. NETHERCUTT, Jr.,

ERNEST J. ISTOOK, Jr.,

RANDY ‘‘DUKE’’ CUNNINGHAM,

JAY DICKEY,

RODNEY FRELINGHUYSEN,

JOHN P. MURTHA,

NORMAN D. DICKS,

MARTIN OLAV SABO,

JULIAN C. DIXON,

PETER J. VISCLOSKY,

JAMES P. MORAN,

Managers on the Part of the House.

TED STEVENS,

THAD COCHRAN,

ARLEN SPECTER,

PETE V. DOMENICI,

CHRISTOPHER S. BOND,

MITCH MCCONNELL,

RICHARD C. SHELBY,

JUDD GREGG,

KAY BAILEY HUTCHISON,

DANIEL K. INOUYE,

ERNEST HOLLINGS,

ROBERT C. BYRD,

PATRICK J. LEAHY,

FRANK R. LAUTENBERG,

TOM HARKIN,

BYRON L. DORGAN,

RICHARD J. DURBIN,

Managers on the Part of the Senate.

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JOINT EXPLANATORY STATEMENT

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 4576), making appropriations for the Department of Defense for the fiscal year ending

September 30, 2001, and for other purposes, submit the following

joint statement to the House and the Senate in explanation of the

effect of the action agreed upon by the managers and recommended

in the accompanying conference report.

The conference agreement on the Department of Defense Appropriations Act, 2001, incorporates some of the provisions of both

the House and Senate versions of the bill. The language and allocations set forth in House Report 106–644 and Senate Report 106–

298 should be complied with unless specifically addressed in the accompanying bill and statement of the managers to the contrary.

Senate Amendment: The Senate deleted the entire House bill

after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

The conferees agree that for the purposes of the Balanced

Budget and Emergency Deficit Control Act of 1985 (Public Law 99–

177) as amended by the Balanced Budget and Emergency Deficit

Control Reaffirmation Act of 1987 (Public Law 100–119) and by the

Budget Enforcement Act of 1990 (Public Law 101–508), the term

program, project, and activity for appropriations contained in this

Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 2001, the

accompanying House and Senate Committee reports, the conference

report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes and reports, and the P–1 and R–1 budget justification documents as subsequently modified by Congressional action. The following exception to the above definition shall apply:

For the Military Personnel and the Operation and Maintenance accounts, the term ‘‘program, project, and activity’’ is defined

as the appropriations accounts contained in the Department of Defense Appropriations Act. At the time the President submits his

budget for fiscal year 2002, the conferees direct the Department of

Defense to transmit to the congressional defense committees budget justification documents to be known as the ‘‘M–1’’ and ‘‘O–1’’

which shall identify, at the budget activity, activity group, and subactivity group level, the amounts requested by the President to be

appropriated to the Department of Defense for operation and maintenance in any budget request, or amended budget request, for fiscal year 2002.

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CONGRESSIONAL SPECIAL INTEREST ITEMS

The conferees direct that projects for which funds are provided

as indicated in the tables or paragraphs of the Conference Report

in any appropriation account are special interest items for the purpose of preparation of the DD Form 1414. The conferees also direct

that the funding adjustments outlined in the tables shall be provided only for the specific purposes outlined in the table.

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ITEMS ADDRESSED IN SUPPLEMENTAL ACTS

The recently passed Military Construction Appropriations Act,

2001 (Public Law 106–246), included the Emergency Supplemental

Act, 2000 for the Department of Defense. This Supplemental addressed shortfalls in military personnel, recruiting, advertising,

and retention by providing a total of $130,400,000 in the Military

Personnel accounts, and $73,000,000 in the Operation and Maintenance accounts. In this Act, the conferees have agreed to include

a total of $50,000,000 for ‘‘Military Personnel, Navy’’, also designated as emergency supplemental appropriations in Title IX of

this Act.

PERSONNEL UNDEREXECUTION SAVINGS

The conferees recommended a total reduction of $243,800,000

to the Active Military Personnel accounts due to lower than budgeted fiscal year 2000 end strengths, and differences in the actual

grade mix of officers and enlisted recommended in the budget request. The General Accounting Office estimates that the active

components will have approximately 3,500 fewer personnel on

board to begin fiscal year 2001, and as a result, the fiscal year 2001

pay and allowances requirements for personnel are incorrect and

the budgets overstated.

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ADDITIONAL READINESS FUNDING TO ADDRESS SERVICE SHORTFALLS

The conferees note that, in addition to the funding recommended in title II of this Act, the conference agreement includes

additional fiscal year 2000 emergency supplemental appropriations

in title IX, reflecting critical readiness shortfalls identified by the

Chiefs of the Military Departments and addressed by the House

during its consideration of H.R. 1398 (Emergency Supplemental

Appropriations for fiscal year 2000). These emergency appropriations include $529,000,000 in the services’ Operation and Maintenance accounts, including $234,000,000 for depot maintenance,

$250,000,000 for real property maintenance, and $45,000,000 for

readiness spares kits.

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

The conferees direct the Secretary of Defense to provide the

Appropriations Committees and the General Accounting Office reports identifying contingency related expenses no later than 30

days after the end of each month for which contingency costs are

incurred.

BIOMETRICS INFORMATION ASSURANCE

The Conferees include in this Title of the bill $7,000,000 for

Army, $3,000,000 for Navy, and $3,000,000 for Air Force, and include $12,000,000 in Title III of the bill for Army, all to support

the efforts of Army as Executive Agent to lead, consolidate, and coordinate all biometrics information assurance programs of the Department of Defense (DoD), pursuant to the June 12, 2000 United

States Army Report on the Biometrics Project (Report) prepared at

the request of the Committees on Appropriations, and direct that

the near-term and long-term implementation plan defined in the

Report be implemented.

Recognizing the concerns expressed in the Report and elsewhere regarding social and legal issues associated with the uses of

biometrics in the Government and private sectors, the Conferees

support a comprehensive, in-depth legal and social assessment of

the issues associated with the current and near-term uses of biometrics in the United States, to include plans for long-term monitoring of human biometrics uses, which are expected to increase

substantially, and further recommend that this assessment be initiated as soon as practicable, pursuant to the Report.

To reduce lease costs and to support operating capability of the

Biometrics Fusion Center by Fiscal Year (FY) 2004, the Conferees

recommended that the funds appropriated for this program in FY

2000 be made available immediately to develop specifications and

requirements, not later than June 30, 2001, for the acquisition, via

lease, of space suitable for the Biometrics Fusion Center Final Operating Capability in accordance with the Report.

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INTEGRATED TRAINING AREA MANAGEMENT

The conferees understand that commanders are consistently

reporting reduced ITAM funding as a training readiness issue in

the Monthly Readiness Report. Therefore, the conferees recommend

an increase of $5,100,000 for ITAM and direct the Army to realign

additional resources in order to fully fund the ITAM program.

TACTICAL MISSILE MAINTENANCE

Of the amount provided for Operation and Maintenance, Army,

specifically depot maintenance, the conferees direct that

$48,300,000 be applied to Army Tactical Missile Depot Maintenance requirements, to include ground support equipment, at its

organic public depots.

REAL PROPERTY MAINTENANCE

The conferees observe that the Army has reallocated

$1,100,000,000 of its operational training funds during fiscal years

1997 through 1999, and failed to meet tank mile training goals by

an average of 20 percent. The Army cites that training resources

were moved to other operation and maintenance programs such as

real property maintenance. The conferees have provided significant

real property maintenance and Quality of Life Enhancement resources to the Army for fiscal year 2001, and expects the service

to execute the training plan and budget proposed in the budget request. The conferees direct the Army to allocate real property

maintenance resources, by major command, at levels not less than

those provided in Senate Report 106–298.

UNDERUTILIZED PLANT CAPACITY

The conferees are aware that the Office of the Secretary of Defense has directed the Army to study the scale and capacity of the

arsenals and ammunition plants, in an effort to mitigate the need

for further cash subsidies. The Army shall provide this report to

the Appropriations Committees no later than September 15, 2000.

INDUSTRIAL PREPAREDNESS

The conferees do not agree to reductions as proposed in the

House and Senate versions of the bill to the Industrial Preparedness subactivity group in Operation and Maintenance, Army.

AIR BATTLE CAPTAIN

The conferees direct to the Secretary of the Army to submit to

the Appropriations Committees a detailed recruitment plan, specifically addressing the Air Battle Captain program, within sixty days

of enactment of the conference report.

ENHANCED SKILLS TRAINING PROGRAM

The conferees understand that the Army has decided to terminate the Enhanced Skills Training Program (ESTP) for students at

Historically Black Colleges and Universities (HBCU) and to replace

it with a distance learning program. Because of the historic role

that HBCU’s have played in integrating the Army, the conferees diVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00102 Fmt 6604 Sfmt 6601 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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rect the Army to maintain through fiscal year 2001 the ESTP as

configured during fiscal year 2000. To better understand the benefits of ESTP, the conferees directs the Army to provide a report to

the congressional defense committees not later than October 1,

2000, on its long-term plans for its partnership with HBCU’s in

preparing students for the Army.

OPEN BURN/OPEN DISPOSAL PRACTICES

The conferees are aware of public concern regarding possible

health risks to civilian populations associated with the open burning/open detonation (OB/OD) of munitions and equipment at Army

depots at various locations in the U.S. Most of these risks are believed to be associated with airborne gases, particles and other contaminants carried downwind of the burn/detonation sites. The

Army is directed to study potential alternative closed disposal technologies that do not release into the atmosphere and to report to

Congress no later than September 30, 2001 on the possibility of

phasing out OB/OD in favor of closed disposal methods. The report

should include a review of technologies currently in existence and

under development and assess the cost and feasibility of constructing facilities employing those technologies.

MEDIUM GENERAL PURPOSE TENTS

The conferees direct that $14,000,000 of the funds provided for

Operation and Maintenance, Army be made available only for the

purpose of meeting prospective requirements for modular general

purpose tents (MGPT) associated with wartime and other mobilizations as described in the report accompanying the House-passed

Department of Defense Appropriations bill for fiscal year 2001. The

conferees also note that the Department has refused to fully obligate previously appropriated funds for the program, citing a lack

of firm direction from the Congress. The conferees therefore believe

it necessary to clarify their strong support for the MGPT program,

and direct the Secretary of the Army to expend the full amount of

Operation and Maintenance, Army funds designated for MGPT in

the fiscal year 2000 Department of Defense Conference Report

without further delay.

TACONY WAREHOUSE SITE

The conferees direct that of the funds provided in Operation

and Maintenance, Army, $5,000,000 shall be available only to demolish the Army’s Tacony Warehouse depot site owned by Fort Dix

in Philadelphia, Pennsylvania.

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ENHANCED SAFETY IN DEPARTMENT OF DEFENSE INDUSTRIAL

FACILITIES

Public Law 106–79 directed the Department to initiate programs that improved safety practices at DOD facilities. The conferees again urge the Department to undertake measures to improve the safety of work conditions at DOD industrial facilities. No

later than December 1, 2000, the Secretary of Defense shall submit

to the congressional defense committees a report regarding the feasibility of establishing pilot programs at maintenance depots and

public shipyards to improve worker safety. The report shall include

proposals, to include any requisite legislative language, for employing gain sharing incentives for the procurement of professional

safety services.

FALLON NAS GREENBELT

The conferees understand that the Navy has conducted studies

to determine the feasibility of restoring current and previously irrigated lands around the perimeter (‘‘Greenbelt’’) of Fallon Naval Air

Station, Nevada, to its natural ecological condition. Further, the

conferees understand that the Commander, NAS Fallon, has consulted with the Army Corps of Engineers concerning their expertise

in similar efforts. The conferees direct, as the Secretary of the

Navy strives to eliminate the need for irrigation to the ‘‘Greenbelt’’,

consistent with aircrew safety and the direction provided in Public

Law 101–618, that the Navy continue to cooperate with the Army

Corps of Engineers to study the most expedient methods to achieve

this non-agricultural, non-irrigated state in the ‘‘Greenbelt’’ lands.

The conferees direct that of the funds available to the Department

of the Navy under the heading Operation and Maintenance, Navy,

$100,000 shall be available to expedite the study described above.

CENTER OF EXCELLENCE FOR DISASTER MANAGEMENT AND

HUMANITARIAN ASSISTANCE

The conferees recommend $5,000,000 for the Center for Excellence for Disaster Management and Humanitarian Assistance.

Within these funds, $960,000 is to fund the Casualty Care Research Center. The Committee expects the Centers to work collaboratively to provide disaster response services in domestic, international, military and civilian settings.

RESTORATION OF USS TURNER JOY

The conferees direct the Navy to cooperate with the Bremerton

Naval Memorial and Historic Ships Association in the repair of the

USS Turner Joy. Of the funds available for Operation and Maintenance, Navy, $750,000 shall be available for the maintenance and

repair of the USS Turner Joy.

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NEW ENERGY SAVING TECHNOLOGY

The conferees are aware of the unique energy savings and

anticorrosion properties of Ambient Temperature Cure (ATC) Glass

coatings for air-conditioning systems. The conference agreement includes $500,000 in Operation and Maintenance, Air Force funding

for the 6th Civil Engineering Squadron located at MacDill Air

Force Base, Florida, for an energy demonstration of ATC glass

coating technology as a follow-on to its initial testing of this technology on air conditioning systems. Accordingly, the conferees direct the Air Force to conduct a before and after test and evaluation

of energy savings of ATC glass coated air conditioning-systems, at

MacDill Air Force Base, over a three-month period. The evaluation

shall measure and document energy consumption and provide comment regarding effectiveness on existing air-conditioning units of

varying ages and levels of corrosion. The Secretary of the Air Force

shall provide the results of this testing to the House and Senate

Committees on Appropriations not later than April 1, 2001.

CONTAMINANT AIR PROCESSING SYSTEMS

The conferees commend the Secretary of the Air Force for

standardizing mission-critical equipment that allows Air Force personnel to be effectively processed after contact with biological,

chemical and nuclear agents. The conferees encourage the Secretary to use existing funds to continue implementation of standardized contaminant air processing systems (CAPS) throughout Air

Force installations.

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CIVIL/MILITARY PROGRAMS

The conferees recommend a total of $103,000,000 for the Department’s civil/military programs for fiscal year 2001 as shown

below. The conferees direct the Department to report to the Committees on Appropriations on the status of the obligation of these

funds not later than April 15, 2001.

[In thousands of dollars]

National Guard Youth Challenge Program ................................................... $62,500

Innovative Readiness Training Program ....................................................... 30,000

Starbase Program ............................................................................................ 10,000

Youth Development and Leadership Program .............................................. 500

Total .......................................................................................................... 103,000

FAMILY ADVOCACY

The conferees recommend $2,000,000 for the Department of

Defense Dependents Education account, only for enhancements to

Family Advocacy programs for at-risk youth.

IMPACT AID PROGRAM

The conferees recommend a total of $30,000,000 only for the

continuation of the impact aid program currently being executed by

the Department of Defense for schools heavily impacted by military

dependents.

NORTHERN EDGE

The conferees direct the Secretary of Defense to transfer funds

from the CJCS exercise fund to the service operation and maintenance accounts to cover the incremental cost of this exercise.

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C–130 OPERATIONS

The conferees recommend a total of $5,000,000 for personnel

and operation and maintenance costs to support Air National

Guard C–130 operational support aircraft and those stand-alone

aircraft currently utilized by selected States.

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

The conferees agree to provide $3,938,777,000 for the Overseas

Contingency Operations Transfer Fund. This amount provides for

continuing operations in and around Bosnia, Kosovo and Southwest

Asia adjusted for unanticipated changes in the number of troops

supporting these operations.

The conferees included a general provision which reduces the

available funding for overseas contingency operations. The conferees recognize that current levels of deployed forces committed to

peacekeeping operations may be reduced during fiscal year 2001.

To ensure that current operations are uninterrupted if force levels

and commitments are unchanged, the conference agreement provides sufficient emergency funding for overseas contingencies.

UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES

The conference agreement provides $8,574,000 for the United

States Court of Appeals for the Armed Forces.

ENVIRONMENTAL RESTORATION, ARMY

The conference agreement provides $389,932,000 for Environmental Restoration, Army.

ENVIRONMENTAL RESTORATION, NAVY

The conference agreement provides $294,038,000 for Environmental Restoration, Navy.

ENVIRONMENTAL RESTORATION, AIR FORCE

The conference agreement provides $376,300,000 for Environmental Restoration, Air Force.

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

The conference agreement provides $21,412,000 for Environmental Restoration, Defense-Wide.

ENVIRONMENTAL RESTORATION, FORMERLY USED

DEFENSE SITES

The conference agreement provides $231,499,000 for Environmental Restoration, Formerly Used Defense Sites.

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

The conference agreement provides $55,900,000 for Overseas

Humanitarian, Disaster, and Civic Aid.

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FORMER SOVIET UNION THREAT REDUCTION

The conference agreement provides $443,400,000 for the

Former Soviet Union Threat Reduction program.

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FOREIGN MILITARY SALES

In 1999, the Department of Defense signed a multi-year contract for the E–2C program. The E–2C multi-year contract assumed

a total E–2C purchase which included both Department of the

Navy and international aircraft deliveries in future years. The negotiated price for the Navy aircraft reflected the assumption that

the international sales would be successfully completed in the future years. This process raises serious concerns that the Department of Defense might negotiate future multi-year contracts with

sales prices that presume Congressional approval of potential international sales in future years. Such a practice is unacceptable and

would violate the intent and spirit of the Foreign Military Sales notification and approval process.

The conferees direct that any future multi-year contracts shall

reflect pricing which assumes only the U.S. military procurement

quantities. The Department of Defense is expressly prohibited from

negotiating any multi-year contracts which include quantities and

pricing that reflect foreign military sales yet to be approved by the

Congress.

INFORMATION ASSURANCE

The House recommended a net increase of $150,000,000 over

the President’s budget for selected information assurance and computer network security programs. The conferees endorse the high

priority given this effort by the House and recommended a net increase of over $150,000,000 for specific information assurance initiatives, to include:

$35,000,000 to purchase hardware and software applications to

monitor computer networks for suspicious activity;

$19,000,000 for new digital secure phones to replace the outdated STU–III;

$18,600,000 to accelerate the DOD’s Public Key Infrastructure

(PKI) program;

$16,400,000 for information security awareness, education and

training;

$15,000,000 for the Information Security Scholarship Program;

$10,000,000 to ensure security capabilities are built into new

cell phones, rather than retrofitting them later at a significantly

higher cost;

$10,000,000 for information operations vulnerability analysis;

$5,000,000 to examine the use of information operations

against certain critical target sets;

$5,000,000 for the Institute for Defense Computer Security and

Information Protection;

$3,000,000 for additional basic (6.1) research into information

assurance; and

$26,000,000 for USARPAC C4I and Information Assurance.

The conferees expect the Department to execute these funds in

a coordinated manner, and where possible, to make use of existing

institutions and training programs to ensure the maximum benefit

from these resources. The conferees understand that even these investments will be of limited value if the software used by the Department has been designed with intentional weaknesses to permit

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future unauthorized access. The conferees expect the Department

to carefully consider the origin of all software used in developing

or upgrading information technology or national security systems.

TELECOMMUNICATIONS INFRASTRUCTURE UPGRADES

The conferees believe that additional cost savings could be realized if DOD tenant agencies would include their telecommunications infrastructure upgrades with those of the parent installation and thus achieve the benefits of economies of scale. The conferees therefore direct DOD agencies that are located on Army,

Navy and Air Force installations to coordinate their infrastructure

upgrades with those of the installation where they reside.

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FORWARD LOOKING INFRARED DEVICES

The Horizontal Technology Integration second generation forward looking infrared (FLIR) is being fielded on the M1A2 Abrams

tank system enhancement program, M2A3 Bradley Fighting Vehicle, and the long range advanced scout surveillance system. It met

the original Apache helicopter FLIR requirements for the proposed

upgrade to the AH–64 Apache target acquisition designation sight/

pilot night vision system, which the Army subsequently changed.

The conferees are concerned that the change in requirements may

not result in a significant increase in performance that would outweigh the advantages of commonality between air and land systems in areas such as unit cost, improved logistics support, and life

cycle cost savings. The conferees direct the Army to perform a costbenefit analysis, using the original and revised aviation FLIR requirements, which compares the Horizontal Technology Integration

second generation FLIR and the proposed aviation FLIR upgrade.

The conferees further direct that none of the funds in this Act may

be obligated for an Apache FLIR upgrade that is not common with

the FLIR for ground systems unless the Secretary of the Army submits a report to the congressional defense committees which justifies a requirement for a unique FLIR for airborne applications and

demonstrates that it is affordable compared to a common system.

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COMBAT SEARCH AND RESCUE AIRCRAFT

The conferees note that the Air Force has decided to consider

several different aircraft for its combat search and rescue mission,

including such existing products as the EH–101 helicopter. The

conferees understand that the Navy may be considering alternative

to either extend the life of or replace the existing MH–53E helicopters used in the Vertical Onboard Delivery and the dedicated

Airborne Mine Countermeasures missions. The conferees believe

that any such analysis should follow a similar competitive process

as used by the Air Force, to ensure that the Navy takes advantage

of all existing operational designs to obtain the best rotorcrafts

available for those missions.

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HIGH PERFORMANCE COMPUTING MODERNIZATION

The conferees have provided $79,978,000 for the High Performance Computing Modernization Program, an increase of

$40,000,000 above the budget request amount. The conferees direct

that $30,000,000 of the increased amount shall be available only

for the modernization of the computing equipment at an existing

supercomputing center purchased with research, development, test

and evaluation funds.

DEFENSE PRODUCTION ACT

The conferees agree to provide a total of $3,000,000 for the Defense Production Act account. Of this amount $2,000,000 is only for

microwave power tubes and $1,000,000 is only for the Wireless Vibration Sensor Supplier Initiative.

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ITEMS OF SPECIAL INTEREST

The conferees agree that each of the Chiefs of the Reserve and

National Guard components should exercise control of modernization funds provided in this account including aircraft and aircraft

modernization. The conferees further agree that separate submissions of a detailed assessment of its modernization priorities by the

component commanders is required to be submitted to the defense

committees. The conferees expect the component commanders to

give priority consideration to the following items: multiple launch

rocket system (MLRS), Paladin, onboard oxygen generating system

field evaluation for the Air National Guard, LITENING II targeting pod system, SINCGARS radios, F16 SADL ‘‘D’’, Bradley

Fighting Vehicles upgrades, F15 BOL systems, HMMWV Striker

Vehicles, support equipment for Patriot missile air defense battalions, Heavy Expanded Mobility Tactical Truck for MLRS units,

Army tank recovery vehicle program, fire fighting trucks for Air

Guard, air traffic control landing system (ATCALS), maneuver control system, construction equipment service life extension program,

family of medium tactical vehicles, C130J procurement, A10 upgrades, F15 E-kit upgrades, F16 BLK 42 engine modification kits,

Precision Attack Targeting System (PATS), simulators for Norwich

Army, master cranes, modular command post system, laser marksmanship, UH60/UH1 flight simulators, F16 modernization, standard integrated command post system (SICPS), situational awareness data link, KC135 multi-point refueling, Naval Construction

Force Communications Equipment, and C212 STOL fixed wing aircraft. Night Vision PVS–7, CH–47 Internal Crashworthy Fuel

Cells, Blackhawk External Fuel Tanks, Multi-Purpose Range

Targetry Electronics, Armored Security Vehicle, Controlled Environmental Storage Shelters, DRFTP, Quadruple Containers, Pallet

Containers, C–141 8.33 Khz Radios, HC130 FLIR (AAQ–22), HH–

60 SATCOM (AN/ARC–210 Radios), CH–53 Aircrew Procedures

Trainer Flight Simulator, CH–46 Aircrew Procedures Training

Flight Simulator, A–10 Lightweight Airborne Recovery System, C–

130 ALR–69 Radar Warning Receiver, HC–130 Armor, Scope

Shield II Tactical Radios, F–16 Helmet Mounted Cueing System,

Mobile Chemical Agent Detector, Multi-Mission Patrol Craft,

COTS, DFIRST, A/OA–10, AN/AAQ–29 CH–53E FLIR, P–3C Update III BMUP, RAID Electro-Optical/Infrared Sensor Upgrade

Program, CH–47 Fuel tanks, and AFIST XXI.

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INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE (ISR) BATTLE

MANAGEMENT

The conferees are aware that the Air Force desires to initiate

a program called the Intelligence, Surveillance, and Reconnaissance (ISR) Battle Management. The ISR Battle Management is an

effort to extend required ISR command and control functions now

resident in the Distributed Common Ground System to the Air Operations Center. This program was not identified in the fiscal year

2001 budget request. However, the conferees believe this effort

should be initiated and the House and Senate Committees on Appropriations would expeditiously consider a reprogramming request

of up to $7,500,000 for this effort.

DISCOVERER II

After careful consideration, the conferees direct that the Discoverer II program be terminated.

To move forward in a more cost-effective manner, the conferees

have provided $30,000,000 to the National Reconnaissance Office to

undertake steps to further develop and mature low cost electronically scanned array radar technologies for space applications. The

conferees further directed the continued participation of the Defense Advanced Research Projects Agency in these efforts.

The Director of the National Reconnaissance Office, in consultation with the Director of the Defense Advanced Research

Projects Agency, shall submit a program plan for the development,

testing and application of technologies funded under this revised

initiative. The conferees direct that none of the funds provided may

be used to develop a stand-alone satellite demonstrator.

JOINT EJECTION SEAT PROGRAM

The conferees are concerned about the Defense Department’s

management of the Joint Ejection Seat Program, including the failure to complete a memorandum of agreement between the Navy

and the Air Force concerning operation of the joint program. The

conferees have deleted all funds for DoD’s separate program to develop the K–36 seat. The conferees have provided a total of

$20,689,000 only for the Joint Ejection Seat Program. The conferees direct that the Department of Defense conduct a full and

open competition among any and all candidate seats under this

program, with no arbitrary restrictions applied by DoD to limit the

competition.

The conferees direct that no contract award for the joint ejection seat program using funds provided in fiscal year 2000 be made

until 30 days after the Secretary of Defense submits a program

plan for the Joint Ejection Seat Program as required by the Department of Defense Appropriations Act, 2000. This program plan

should address all specific applications for the ejection seat or ejection seat technology developed under the JESP. Further, the report

should specifically address the cost and commonality benefits of

using any JESP-developed seat in the Joint Strike Fighter (JSF).

None of the funds appropriated in fiscal years 2000 or 2001 may

be obligated until the Secretaries of the Navy and Air Force certify

to the congressional defense committees that a joint program office

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is in place to manage the program in a manner which fairly meets

both services’ requirements. The conferees reiterate that the objective of the Joint Ejection Seat Program is to completely qualify at

least two modern and safe ejection seats for potential use in existing and future tactical aircraft.

LIFE SUPPORT SYSTEMS

The conferees have provided an increase of $4,000,000 only for

the ACES II ejection seat. These funds are provided only to complete development and testing on discrete modifications of existing

ACES II seats to provide digital sequencing capability and to accommodate higher weight individuals. It is not the conferees’ intent

to fund any activity in this program that would give an unfair advantage to a bidder for the Joint Ejection Seat program.

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FOCUS PROGRAM

The conferees support the semiconductor Focus Center Program in university research as it moves into full-scale operation.

The conferees urge the Department to include funding for this program as it is currently planned in the POM so that the Department

may gain the benefits of this highly leveraged long-term research.

INFORMATION TECHNOLOGY CENTER

The conferees have provided $20,000,000 only for the Joint Information Technology Center Initiative. These funds shall be available only to establish two, Pacific-based Information Technology

Centers (ITC’s). These centers allow DoD to integrate and implement the many successful logistics and personnel initiatives underway throughout the Department of Defense. The centers will process the wide range and volume of information essential to the dayto-day operations of our military personnel and defense civilians.

The centers will allow DoD to eliminate legacy systems and to upgrade to more capable and more flexible information technology

tools. The conferees direct that the Secretary of Defense provide a

report to the congressional defense committees no later than May

1, 2001, which outlines DoD’s plan for proceeding with the establishment of these centers.

COMMERCIAL MAPPING AND VISUALIZATION TOOLKIT

The conferees agree to provide a total of $6,000,000 over the

request for the National Imagery and Mapping Agency (NIMA)

Commercial Mapping and Visualization Toolkit. Of these funds

$3,000,000 is for upgrades and $3,000,000 is for visualization and

bomb blast for force protection. The conferees anticipate that NIMA

will pursue all avenues of fair and open competition for the acquisition of the Commercial Mapping and Visualization Toolkit.

NIMA OMNIBUS CONTRACT PROGRAM

The National Imagery and Mapping Agency (NIMA) has been

required to begin using Architectural and Engineering contracting

procedures for all production contracts. This has lead to the development of the ‘‘Omnibus Contract’’ program, allowing NIMA to replace 67 individual production contracts with one contract vehicle

for all geospatial information and imagery intelligence requirements. The conferees agree that the omnibus contract program is

a special congressional interest item.

The conferees understand that NIMA plans to continue efforts

for the Shuttle Radar Topography data reduction program and the

Feature Foundation DATA program. The conferees strongly support NIMA’s efforts to fully fund these important projects in fiscal

year 2001 and beyond.

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TITLE V—REVOLVING AND MANAGEMENT FUNDS

The conferees agree to the following amounts for Revolving and

Management Funds programs:

[In thousands of dollars]

Budget House Senate Conference

Defense Working Capital Funds .................................................... 916,276 916,276 916,276 916,276

National Defense Sealift Fund ....................................................... 388,158 400,658 388,158 400,658

National Defense Airlift Fund ........................................................ .................... .................... 2,890,923 2,840,923

Total, Revolving and Management Funds ....................... 1,304,434 1,316,934 4,195,357 4,157,857

DEFENSE WORKING CAPITAL FUNDS

The conferees agree to provide $916,276,000 for the Defense

Working Capital Fund.

NATIONAL DEFENSE SEALIFT AND AIRLIFT FUNDS

The appropriation for the ‘National Defense Sealift Fund’ provides funds for the lease, operation, and supply of prepositioning

ships; operation of the Ready Reserve Force; acquisition of large

medium speed roll-on/roll-off ships for the Military Sealift Command; and acquisition of ships for the Ready Reserve Force. The

budget includes $258,000,000 for Ready Reserve Force and

$130,158,000 for acquisition activities in fiscal year 2001.

The conferees have agreed to an expansion of this account to

recognize the fact that sea and air mobility are essential ingredients in the Department of Defense’s force projection capability.

Thus, the conferees have recommended renaming this account to

create the ‘National Defense Mobility Fund’ account. This new account will incorporate the existing ‘National Defense Sealift Fund’

account and establish the ‘National Defense Airlift Fund’ account.

In addition to providing an increase of $12,500,000 to the

budget request amount for the ‘National Defense Sealift Fund’ the

conference recommendation also provides an increase of

$2,840,923,000 for the ‘National Defense Airlift Fund.’ This recommendation includes $2,428,723,000 for the acquisition of 12 C–

17 aircraft and advance procurement for the fiscal year 2002 purchase of 15 DC–17 aircraft. Further, the increase includes

$412,200,000 for the interim contractor support of the existing C–

17 fleet. The conferees have directed that the C–17 procurement

and fleet support programs continue without any interruption during fiscal year 2001. The conferees have included appropriate legislative authority to permit the transfer of these funds for the continuation of C–17 acquisition and support.

The conferees direct that the Department of Defense budget for

all future C–17 procurement and support costs within the National

Defense Airlift Fund. The conferees direct that future budget documents for the NDAF should conform to the requirements for other

DoD procurement accounts including the content and format of

budget exhibits, reprogramming thresholds among procurement,

advanced procurement, and interim contractor support line items,

application of the procurement full funding policy, and Congressional notification for changes in quantity.

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TITLE VI—OTHER DEPARTMENT OF DEFENSE PROGRAMS

The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Conference

Defense Health Program ................................................................ 11,600,429 12,143,029 12,130,179 12,117,779

Chemical Agents and Munitions Destruction, Army ...................... 1,003,500 927,100 979,400 980,100

Drug Interdiction and Counter-Drug Activities, Defense ............... 836,300 812,200 933,700 869,000

Office of the Inspector General ..................................................... 147,545 147,545 147,545 147,545

Total, Other Department of Defense Programs ................ 13,587,774 14,029,874 14,190,824 14,114,424

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THE DOD/DVA DISTANCE LEARNING PILOT PROJECT

The conferees are pleased with the progress report on the DoD/

DVA Distance Learning pilot project to transition clinical nurse

specialists to the role of nurse practitioners. It is noted that 27 students graduated from the first virtual advanced program and 35

new students have been admitted for the second class of distance

learning. The conferees encourage further refinement of this program as requirements develop.

PEER REVIEWED MEDICAL RESEARCH PROGRAM

The conferees have provided $50,000,000 for a Peer Reviewed

Medical Research Program. The conferees direct the Secretary of

Defense, in conjunction with the service Surgeons General, to establish a process to select medical research projects of clear scientific merit and direct relevance to military health.

Such projects could include: acute lung injury research, arthropod transmitted infectious diseases, biological hazard detection system/bio-sensor microchip, CAT scan technology for lung cancer,

childhood asthma, Dengue fever vaccine, digital mammography imaging, freeze dried platelets, Fungi Free (a topical anti-fungal

agent effective in mitigating onychomycosis), Gulf War illness research, health system information technology, health care

informatics, human imaging institute/magnetoencephalography laboratory, medical surgery technology, medical records management,

microsurgery and robotic surgery research, molecular biology for

cancer research, neural mechanisms of chronic fatigue syndrome,

obesity related disease prevention especially for minorities,

Padget’s disease, quantum optics, remote emergency medicine

ultrasound, smoking cessation, social work research, tissue regeneration for combat casualty care, Venus 3–D technology program,

and vitamin D research.

The conferees direct the Department to provide a report to the

Congressional Defense Committees by March 1, 2001, on the status

of this Peer Reviewed Medical Research Program, to include the

corresponding funds provided in previous fiscal years.

ADDITIONAL DEFENSE HEALTH PROGRAM FUNDING TO ADDRESS

SHORTFALLS

In addition to recommending sizable funding increases for the

Defense Health Program for fiscal year 2001 over current year levels, the conferees note that the recently enacted Emergency Supplemental Appropriations Act for fiscal year 2000 (Public Law 106–

246) included over $1.3 billion to address other critical shortfalls

confronting the military health care system. Of this amount,

$615,600,000 was provided explicitly to finance existing contract

claims for fiscal years 1998–2000 against the Department’s

TRICARE managed care system. An additional $695,900,000 was

provided in section 107 of P.L. 106–246 to address other known

DHP funding difficulties. The conferees express their intent that

the section 107 funds be used by the Secretary of Defense and the

service Surgeons Generals, in conjunction with the funds provided

in this conference agreement, to meet the most critical of the remaining outstanding DHP funding needs. These may include fiVerDate 11-MAY-2000 21:09 Jul 19, 2000 Jkt 079006 PO 00000 Frm 00291 Fmt 6604 Sfmt 6602 E:\HR\OC\HR754.XXX pfrm04 PsN: HR754
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nancing additional TRICARE contract claims (such as those forecast for fiscal year 2001), unfunded requirements associated with

the operations of military treatment facilities, and other needs as

identified by the Secretary of Defense and the service Surgeons

General.

The conferees further note that in this conference agreement,

they have with one exception deferred action on explicitly providing

funds for any proposed expansion or modification of the medical

benefit for service members and military retirees which would require changes in existing law through the congressional authorization process. The conference agreement does provide funding for an

improved pharmacy benefit for military retirees, including those

over 65, in recognition of the fact that both the House and Senatepassed versions of the fiscal year 2001 National Defense Authorization Act each provide for this initiative, albeit in differing fashions.

The conferees have been advised by both the Secretary of Defense

and the Office of Management and Budget that the potential fiscal

year 2001 costs of this improved benefit, which was not requested

in the President’s budget, could be $200,000,000. The conferees recommend addressing this by providing a fiscal year 2001 appropriation of $100,000,000 for an improved pharmacy benefit in the Defense Health Program appropriation. Title IX of the conference

agreement provides an additional $100,000,000 in contingent emergency appropriations, subject to release only if the President submits a budget request pursuant to existing law. The conferees believes this approach strikes the necessary balance needed to ensure

that, if authorized, adequate funding has been made available for

this important initiative.

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T–AGOS SUPPORT

The conferees agree to provide $15,026,000 for T–AGOS support. The conferees are aware that changing drug trafficking patterns in the Transit Zone have altered the original operational concept of using T–AGOS ships to detect and monitor aircraft and

ships smuggling illegal drugs into the United States and that other

methods exist to accomplish this mission. The conferees direct the

Department to analyze the operational effectiveness of the currently configured T–AGOS ships to determine if their contribution

to the counter-drug mission is the most effective and cost efficient

method to accomplish transit zone surveillance and to provide a

summary of suggested alternative platforms or assets and their associated costs. The Department is directed to report their findings

to the defense committees no later than March 30, 2001.

NATIONAL GUARD COUNTER-DRUG SUPPORT

The conferees agree to provide an additional $20,000,000 to the

budget request for National Guard Counter-Drug Support and to

concur with language contained in Senate report 106–298 regarding future budget submissions for this project.

Out of the funding provided in the ‘‘Drug Interdiction and

Counter-Drug Activities, Defense’’ account, the conferees direct that

$1,000,000 be provided above its state allocation to the Florida National Guard to support a Port Security prototype project and that

$2,000,000 above its state allocation be provided to the Nevada National Guard to allow the Counter-Drug Reconnaissance and Interdiction Detachment unit in northern Nevada to expand operations

into southern Nevada.

CAPER FOCUS

The conferees continue to receive reports on the positive contribution of Operation Caper Focus to drug interdiction efforts. Despite this, Caper Focus continues to be virtually ignored in the

budget submission. The conferees direct the Department to provide

sufficient funding for this initiative in the fiscal year 2002 budget

submission.

OFFICE OF THE INSPECTOR GENERAL

The conferees agree to provide $147,545,000 for the Office of

the Inspector General. Of this amount, $144,245,000 shall be for

operation and maintenance and $3,300,000 shall be for procurement.

TITLE VII—RELATED AGENCIES

The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Conference

Intelligence Community Management Account ............................. 137,631 224,181 177,331 148,631

Central Intelligence Agency Retirement & Disability System ....... 216,000 216,000 216,000 216,000

Payment to Kaho’olawe Island Conveyance, Remediation, and

Environmental Restoration Fund ............................................... 25,000 25,000 60,000 60,000

National Security Education Trust Fund ........................................ 6,950 6,950 6,950 6,950

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INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

Details of the adjustments to this account are addressed in the

classified annex accompanying this report.

TITLE VIII—GENERAL PROVISIONS

The conference agreement incorporates general provisions of

the House and Senate versions of the bill which were not amended.

Those general provisions that were amended in conference follow:

The conferees included a general provision (Section 8008)

which amends language authorizing multi-year procurements.

The conferees included a general provision (Section 8022)

which amends language that appropriates funds authorized by the

Indian Financing Act of 1974.

The conferees included a general provision (Section 8053)

which amends language authorizing intelligence activities.

The conferees included a general provision (Section 8055)

which amends language recommending rescissions. The rescissions

agreed to are:

Revised Economic Estimates, Fiscal Year 2000

Conference

Aircraft Procurement, Army: Inflation Savings ............................................ $7,000,000

Missile Procurement, Army: Inflation Savings ............................................. 6,000,000

Procurement of Weapons and Tracked Combat Vehicles, Army: Inflation

Savings .......................................................................................................... 7,000,000

Procurement of Ammunition, Army: Inflation Savings ................................ 5,000,000

Other Procurement, Army: Inflation Savings ............................................... 16,000,000

Aircraft Procurement, Navy: Inflation Savings ............................................. 24,125,000

Weapons Procurement, Navy: Inflation Savings ........................................... 3,853,000

Procurement of Ammunition, Navy and Marine Corps: Inflation Savings 1,463,000

Shipbuilding and Conversion, Navy: Inflation Savings ................................ 19,644,000

Other Procurement, Navy: Inflation Savings ................................................ 12,032,000

Procurement, Marine Corps: Inflation Savings ............................................. 3,623,000

Aircraft Procurement, Air Force: Inflation Savings ...................................... 32,743,000

Missile Procurement, Air Force: Inflation Savings ....................................... 5,500,000

Procurement of Ammunition, Air Force: Inflation Savings ......................... 1,232,000

Other Procurement, Air Force: Inflation Savings ......................................... 19,902,000

Procurement, Defense-Wide: Inflation Savings ............................................. 6,683,000

Research, Development, Test and Evaluation, Army: Inflation Savings .... 20,592,000

Research, Development, Test and Evaluation, Navy: Inflation Savings ..... 35,621,000

Research, Development, Test and Evaluation, Air Force: Inflation Savings ................................................................................................................ 53,467,000

Research, Development, Test and Evaluation, Defense-Wide: Inflation

Savings .......................................................................................................... 36,297,000

Defense Health Program: Inflation Savings .................................................. 808,000

Chemical Agents and Munitions Destruction, Army: Inflation Savings ..... 1,103,000

Program Specific Reductions, Fiscal Year 1999

Other Procurement, Army: R2000 Engine Flush System ............................ 3,000,000

Aircraft Procurement, Air Force: JSTARS (Contract Savings) .................... 12,300,000

Other Procurement, Air Force: RAPCON (Restructuring program) ............ 8,000,000

Fiscal Year 2000

Procurement of Weapons and Tracked Combat Vehicles, Army:

Command and Control Vehicle ................................................................ 4,000,000

Breacher System ....................................................................................... 19,000,000

Other Procurement, Army: SMART–T (Schedule Slip) ................................ 29,300,000

Aircraft Procurement, Navy: F/A–18 E/F cost savings ................................. 6,500,000

Aircraft Procurement, Air Force: F–16 Advance Procurement .................... 24,000,000

Missile Procurement, Air Force: .....................................................................

ARMRAAM (Budget Error) ..................................................................... 6,192,000

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Titan Launch Vehicle ............................................................................... 30,000,000

Other Procurement, Air Force:

SMART–T (Schedule Slip) ....................................................................... 12,000,000

RAPCON (Restructuring program) ......................................................... 2,000,000

DCGS Communications Segment Upgrade ............................................ 6,000,000

Research, Development, Test and Evaluation, Army:

WRAP (Unobligated balance) .................................................................. 10,000,000

Stinger Block II ........................................................................................ 12,000,000

Research, Development, Test and Evaluation, Air Force: C–130 (Schedule

Slip) ............................................................................................................... 30,000,000

Reserve Mobilization Income Insurance Fund: Unused Balance ................ 13,000,000

The conferees included a general provision (Section 8064)

which amends language governing the procurement of ball and roller bearings, and vessel propellers from domestic sources.

The conferees included a general provision (Section 8075)

which amends language allowing the transfer of funds for the purpose of Reserve peacetime support to community programs.

The conferees included a general provision (Section 8086)

which amends Senate language reducing funds available for titles

III and IV of this Act.

The conferees included a general provision (Section 8094)

which amends language reducing amounts available for the military personnel and operation and maintenance accounts by

$856,900,000 due to favorable foreign currency fluctuation.

The conferees included a general provision (Section 8097)

which amends Senate language requiring the Department of Defense to submit certain budget justification materials in support of

the Overseas Contingency Operations Transfer Fund.

The conferees included a general provision (Section 8102)

which amends House language requiring registration of mission

critical or mission essential information technology systems with

the Department of Defense Chief Information Officer, and requiring certification of automated data systems; compliance with the

Clinger-Cohen Act.

The conferees included a general provision (Section 8112)

which amends Senate language appropriating $7,500,000 for the

United Services Organization.

The conferees included a general provision (Section 8116)

which amends Senate language earmarking funds for the Arrow

Deployability Program.

The conferees included a general provision (Section 8117)

which amends Senate language requiring the Secretary of Defense

to identify, report on, and adjudicate health care contract claims.

The conferees included a general provision (Section 8123)

which amends House language requiring certification that the Department of Defense program and budget for the Interim Brigade

Combat Teams.

The conferees included a general provision (Section 8126)

which amends Senate language reducing funds for the Ballistic

Missile Defense Organization for certain overhead functions.

The conferees included a general provision (Section 8127)

which amends Senate language requiring the Ballistic Missile Defense Organization to notify the congress prior to issuing any type

of information or proposal solicitation.

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The conferees included a general provision (Section 8129)

which amends Senate language appropriating funds for the Center

for the Preservation of Democracy.

The conferees included a general provision (Section 8139)

which amends Senate language earmarking funds for the Middle

East Regional Security Issues program.

The conferees included a general provision (Section 8140)

which amends Senate language earmarking funds for information

security initiatives.

The conferees included a general provision (Section 8141)

which amends Senate language appropriating $5,000,000 for the

American Red Cross.

The conferees included a general provision (Section 8142)

which amends Senate language earmarking funds for the Bosque

Redondo Memorial.

The conferees included a general provision (Section 8145)

which earmarks Research, Development, Test and Evaluation, Air

Force funds for the B–2 Link 16/Center Instrument Display/InFlight Replanner program.

The conferees included a new general provision (Section 8146)

which earmarks funds for the Airborne Laser program.

The conferees included a new general provision (Section 8147)

which amends section 106 of title 38 U.S.C. concerning the service

of the Alaska Territorial Guard.

The conferees included a new general provision (Section 8148)

which appropriates $3,000,000 for the United States-China Security Review Commission.

The conferees included a new general provision (Section 8149)

which amends the Alaska Native Claims Settlement Act.

The conferees included a new general provision (Section 8150)

which modifies applicability of the Congressional Budget Act of

1974.

The conferees included a new general provision (Section 8151)

which designates the planned consolidated operations center at

Redstone Arsenal as the Wernher von Braun Complex.

The conferees included a new general provision (Section 8152)

which earmarks funds in support of the Pacific Disaster Center.

The conference agreement includes section 8153, which strikes

a provision in the Departments of Commerce, Justice, and State,

the Judiciary and Related Agencies Appropriations Act, 2000, earmarking funds under the Small Business Administration, Business

Loans Program Account, for the New Markets Venture Capital program, subject to authorization. By striking this provision, the conferees intend that the $6,000,000 originally earmarked for the New

Markets Venture Capital program, which is not yet authorized,

shall instead be used for the 7(a) General Business Loan program

in fiscal year 2000.

The conferees included a new general provision (Section 8154)

which authorizes a grant for the purpose of conducting research on

health effects of low level exposure to hazardous chemicals.

The conferees included a new general provision (Section 8155)

which appropriates $2,000,000 for the Oakland Military Institute.

The conferees included a new general provision (Section 8156)

which provides $10,000,000 for Operation and Maintenance, Army

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contingent on resolution of the case City of San Bernardino vs.

United States.

The conferees included a new general provision (Section 8157)

which allows the transfer of alloying materials stored at the

Brownfield site to Bethlehem Development Corporation.

The conferees included a new general provision (Section 8158)

which appropriates $2,000,000 for the Defense Health Program for

the purpose of making a grant to the Fisher House Foundation.

The conferees included a new general provision (Section 8159)

which allows the Office of Economic Adjustment to amend a grant

for Industrial Modernization of the Philadelphia Shipyard.

The conferees included a new general provision (Section 8160)

which extends the availability of funds appropriated under the

heading Defense Reinvestment for Economic Growth in the Supplemental Appropriations Act of 1993 (Public Law 103–50).

The conferees included a new general provision (Section 8161)

which provides $2,000,000 for a proposed conceptual design study

to examine the feasibility of a zero emissions, steam injection process that has very promising potential for increasing power generation efficiency, enhanced oil recovery and carbon sequestration.

These funds shall be transferred not later than October 15, 2000,

to the Fossil Energy Research and Development program within

the Department of Energy, to pursue this study through its existing competitive process.

The conferees included a new general provision (Section 8162)

which amends availability of funds provided in the Emergency Supplemental Appropriations Act, 2000, for Procurement of Weapons

and Tracked Combat Vehicles, Army.

The conferees include a new general provision (Section 8163)

which reduces funds available to several Operation and Maintenance accounts by $71,367,000 due to growth in costs associated

with consulting and advisory services and other contracts.

The conferees included a new general provision (Section 8164)

which reduces funds available to several Operation and Maintenance accounts by $92,700,000 due to excess funded carryover.

The conferees included a new general provision (Section 8165)

which reduces funds available to several Operation and Maintenance accounts by $159,076,000 due to growth in the cost of headquarters and administrative activities.

The conferees included a new general provision (Section 8166)

which reduces funds available for the Overseas Contingency Operations Transfer Fund by $1,100,000,000.

The conferees included a new title IX which provides additional emergency supplemental appropriations for fiscal year 2000,

for unmet military personnel and readiness requirements and potential military medical program costs and contingency operations

expenses. Funding in this title has been provided as contingent

emergency appropriations, subject to emergency designation by the

President before any obligation of funds.

Title IX includes $1,100,000,000 in contingent emergency appropriations for overseas contingency operations, as discussed earlier in the statement of managers under title II, Operation and

Maintenance.

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Title IX also includes $50,000,000 in contingent emergency appropriations for ‘‘Military Personnel, Navy’’, to meet requirements

in the recruiting and retention of personnel. The conferees direct

that these funds shall be distributed as follows:

Enlistment Bonuses ............................................................................... $12,500,000

Selective Reenlistment Bonuses ........................................................... 24,000,000

Aviation Career Continuation Pay ....................................................... 13,500,000

Title IX includes $529,000,000 in contingent emergency appropriations for unfunded readiness requirements identified by the

military services, as discussed earlier in this statement under Title

II, Operation and Maintenance.

Title IX includes $100,000,000 in contingent emergency appropriations for the Defense Health Program, as discussed earlier in

this statement under the Defense Health Program.

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year

2001 recommended by the Committee of Conference, with comparisons to the fiscal year 2000 amount, the 2001 budget estimates,

and the House and Senate bills for 2001 follow:

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[In thousands of dollars]

New budget (obligational) authority, fiscal year 2000 ........................ $273,505,522

Budget estimates of new (obligational) authority, fiscal year 2001 284,500,986

House bill, fiscal year 2001 ................................................................... 288,512,800

Senate bill, fiscal year 2001 .................................................................. 287,630,500

Conference agreement, fiscal year 2001 .............................................. 287,806,054

Conference agreement compared with:

New budget (obligational) authority, fiscal year 2000 ................ +20,053,694

Budget estimates of new (obligational) authority, fiscal year

2001 .............................................................................................. +3,305,069

House bill, fiscal year 2001 ............................................................ ¥706,746

Senate bill, fiscal year 2001 ........................................................... +175,554

Title IX—fiscal year 2000 supplemental ...................................... 1,779,000

JERRY LEWIS,

BILL YOUNG,

JOE SKEEN,

DAVE HOBSON,

HENRY BONILLA,

GEORGE R. NETHERCUTT, Jr.,

ERNEST J. ISTOOK, Jr.,

RANDY ‘‘DUKE’’ CUNNINGHAM,

JAY DICKEY,

RODNEY FRELINGHUYSEN,

JOHN P. MURTHA,

NORMAN D. DICKS,

MARTIN OLAV SABO,

JULIAN C. DIXON,

PETER J. VISCLOSKY,

JAMES P. MORAN,

Managers on the Part of the House.

TED STEVENS, THAD COCHRAN,

ARLEN SPECTER,

PETE V. DOMENICI,

CHRISTOPHER S. BOND,

MITCH MCCONNELL,

RICHARD C. SHELBY,

JUDD GREGG,

KAY BAILEY HUTCHISON,

DANIEL K. INOUYE,

ERNEST HOLLINGS,

ROBERT C. BYRD,

PATRICK J. LEAHY,

FRANK R. LAUTENBERG,

TOM HARKIN,

BYRON L. DORGAN,

RICHARD J. DURBIN,

Managers on the Part of the Senate.

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