```

[106th Congress Public Law 259]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ259.106]

[[Page 656]]

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2001

[[Page 114 STAT. 656]]

Public Law 106-259
106th Congress

                                 An Act

 
  Making appropriations <<NOTE: Aug. 9, 2000 -  [H.R. 4576]>>  for the 
Department of Defense for the fiscal year ending September 30, 2001, and 
                           for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That <<NOTE: Department 
of Defense Appropriations Act, 2001.>>  the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2001, for 
military functions administered by the Department of Defense, and for 
other purposes, namely:

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Department of Defense Military Retirement Fund, $22,175,357,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Department of Defense Military Retirement Fund, $17,772,297,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and

[[Page 114 STAT. 657]]

expenses of temporary duty travel between permanent duty stations, for 
members of the Marine Corps on active duty (except members of the 
Reserve provided for elsewhere); and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section 
229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Department of Defense Military Retirement Fund, $6,833,100,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), 
and to the Department of Defense Military Retirement Fund, 
$18,174,284,000.

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,473,001,000.

                         Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department of 
Defense Military Retirement Fund, $1,576,174,000.

                     Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing reserve training, 
or while performing drills or equivalent

[[Page 114 STAT. 658]]

duty, and for members of the Marine Corps platoon leaders class, and 
expenses authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military Retirement Fund, 
$448,886,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and for members of the Air Reserve Officers' Training Corps, and 
expenses authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military Retirement Fund, 
$971,024,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 12301(d) 
of title 10 or section 502(f ) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$3,782,536,000.

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f ) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$1,641,081,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

                      (including transfer of funds)

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

[[Page 114 STAT. 659]]

and not to exceed $10,616,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority of 
the Secretary of the Army, and payments may be made on his certificate 
of necessity for confidential military purposes, $19,144,431,000 and, in 
addition, $50,000,000 shall be derived by transfer from the National 
Defense Stockpile Transaction Fund: Provided, That <<NOTE: Deadline.>>  
of the funds made available under this heading, $5,000,000, to remain 
available until expended, shall be transferred to ``National Park 
Service--Construction'' within 30 days of the enactment of this Act, 
only for necessary infrastructure repair improvements at Fort Baker, 
under the management of the Golden Gate Recreation Area: Provided 
further, That of the funds appropriated in this paragraph, not less than 
$355,000,000 shall be made available only for conventional ammunition 
care and maintenance.

                     Operation and Maintenance, Navy

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $5,146,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$23,419,360,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund.

                 Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$2,778,758,000.

                  Operation and Maintenance, Air Force

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,878,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $22,383,521,000 and, in 
addition, $50,000,000, shall be derived by transfer from the National 
Defense Stockpile Transaction Fund: Provided, 
That <<NOTE: Grants. Florida Memorial College.>>  notwithstanding any 
other provision of law, that of the funds available under this heading, 
$500,000 shall only be available to the Secretary of the Air Force for a 
grant to Florida Memorial College for the purpose of funding minority 
aviation training.

[[Page 114 STAT. 660]]

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$11,844,480,000, of which not to exceed $25,000,000 may be available for 
the CINC initiative fund account; and of which not to exceed $30,000,000 
can be used for emergencies and extraordinary expenses, to be expended 
on the approval or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential military 
purposes: Provided, That of the amount provided under this heading, 
$5,000,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary of Defense to operation and 
maintenance, procurement, and research, development, test and evaluation 
appropriations accounts, to be merged with and to be available for the 
same time period as the appropriations to which transferred: Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided in this Act.

                 Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $1,562,118,000.

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $978,946,000.

             Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $145,959,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,903,659,000.

[[Page 114 STAT. 661]]

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized by 
law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $3,333,835,000.

              Operation and Maintenance, Air National Guard

    For operation and maintenance of the Air National Guard, including 
medical and hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, repair, and other necessary expenses 
of facilities for the training and administration of the Air National 
Guard, including repair of facilities, maintenance, operation, and 
modification of aircraft; transportation of things, hire of passenger 
motor vehicles; supplies, materials, and equipment, as authorized by law 
for the Air National Guard; and expenses incident to the maintenance and 
use of supplies, materials, and equipment, including such as may be 
furnished from stocks under the control of agencies of the Department of 
Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $3,474,375,000.

              Overseas Contingency Operations Transfer Fund

                      (including transfer of funds)

    For expenses directly relating to Overseas Contingency Operations by 
United States military forces, $3,938,777,000, to remain available until 
expended: Provided, That the Secretary of Defense may transfer these 
funds only to military personnel accounts; operation and maintenance 
accounts within this title; the Defense Health Program appropriation; 
procurement accounts; research, development, test and evaluation 
accounts; and to working capital funds: Provided further, That the funds 
transferred shall be merged with and shall be available for the same 
purposes and for the same time period, as the appropriation to which 
transferred: Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation: Provided further, That the transfer authority 
provided in this paragraph is in addition to any other transfer 
authority contained elsewhere in this Act.

[[Page 114 STAT. 662]]

           United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $8,574,000, of which not to exceed $2,500 
can be used for official representation purposes.

                     Environmental Restoration, Army

                      (including transfer of funds)

    For the Department of the Army, $389,932,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                     Environmental Restoration, Navy

                      (including transfer of funds)

    For the Department of the Navy, $294,038,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                  Environmental Restoration, Air Force

                      (including transfer of funds)

    For the Department of the Air Force, $376,300,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation.

[[Page 114 STAT. 663]]

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

    For the Department of Defense, $21,412,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be merged 
with and to be available for the same purposes and for the same time 
period as the appropriations to which transferred: Provided further, 
That upon a determination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes provided herein, 
such amounts may be transferred back to this appropriation.

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

    For the Department of the Army, $231,499,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, transfer 
the funds made available by this appropriation to other appropriations 
made available to the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 2547, and 2551 of title 
10, United States Code), $55,900,000, to remain available until 
September 30, 2002.

                  Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for facilitating 
the elimination and the safe and secure transportation and storage of 
nuclear, chemical and other weapons; for establishing programs to 
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training 
and support of defense and military personnel for demilitarization and 
protection of weapons, weapons components and weapons technology and 
expertise, $443,400,000, to remain available until September 30, 2003: 
Provided, That of the amounts provided under this heading, $25,000,000 
shall be available only to support the dismantling and disposal of 
nuclear

[[Page 114 STAT. 664]]

submarines and submarine reactor components in the Russian Far East.

                  Quality of Life Enhancements, Defense

    For expenses, not otherwise provided for, resulting from unfunded 
shortfalls in the repair and maintenance of real property of the 
Department of Defense (including military housing and barracks), 
$160,500,000, for the maintenance of real property of the Department of 
Defense (including minor construction and major maintenance and repair), 
which shall remain available for obligation until September 30, 2002, as 
follows:
            Army, $100,000,000;
            Navy, $20,000,000;
            Marine Corps, $10,000,000;
            Air Force, $20,000,000; and
            Defense-Wide, $10,500,000:

Provided, That notwithstanding any other provision of law, of the funds 
appropriated under this heading for Defense-Wide activities, the entire 
amount shall only be available for grants by the Secretary of Defense to 
local educational authorities which maintain primary and secondary 
educational facilities located within Department of Defense 
installations, and which are used primarily by Department of Defense 
military and civilian dependents, for facility repairs and improvements 
to such educational facilities: Provided further, That such grants to 
local educational authorities may be made for repairs and improvements 
to such educational facilities as required to meet classroom size 
requirements: Provided further, That the cumulative amount of any grant 
or grants to any single local education authority provided pursuant to 
the provisions under this heading shall not exceed $1,500,000.

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,571,812,000, to remain available for obligation until 
September 30, 2003: Provided, That of the $189,601,000 appropriated 
under this heading for the procurement of UH-60 helicopters, $78,520,000 
shall be available only for the procurement of eight such aircraft to be 
provided to the Army Reserve.

[[Page 114 STAT. 665]]

                        Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,320,681,000, to remain available for obligation until 
September 30, 2003.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, $2,472,524,000, to 
remain available for obligation until September 30, 2003.

                     Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,220,516,000, to remain available for obligation until 
September 30, 2003.

                         Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of not to exceed 35 passenger motor vehicles for 
replacement only; and the purchase of 12 vehicles required for physical 
security of personnel, notwithstanding price limitations applicable to 
passenger vehicles but not to exceed $200,000 per vehicle; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing

[[Page 114 STAT. 666]]

purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for the 
foregoing purposes, $4,497,009,000, to remain available for obligation 
until September 30, 2003.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway, 
$8,477,138,000, to remain available for obligation until September 30, 
2003.

                        Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $1,461,600,000, to remain available for obligation 
until September 30, 2003.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $498,349,000, to remain available for obligation until 
September 30, 2003.

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway;

[[Page 114 STAT. 667]]

procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion of 
public and private plants, including land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title, as follows:
            Carrier Replacement Program, $4,053,653,000;
            Carrier Replacement Program (AP), $21,869,000;
            NSSN, $1,198,012,000;
            NSSN (AP), $508,222,000;
            CVN Refuelings, $698,441,000;
            CVN Refuelings (AP), $25,000,000;
            Submarine Refuelings, $210,414,000;
            Submarine Refuelings (AP), $72,277,000;
            DDG-51 destroyer program, $2,703,559,000;
            DDG-51 destroyer program (AP), $456,843,000;
            LPD-17 (AP), $560,700,000;
            LHD-8, $460,000,000;
            ADC(X), $338,951,000;
            LCAC landing craft air cushion program, $15,615,000; and
            For craft, outfitting, post delivery, conversions, and first 
        destination transformation transportation, $291,077,000;

In all: $11,614,633,000, to remain available for obligation until 
September 30, 2005: Provided, That additional obligations may be 
incurred after September 30, 2005, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards: Provided further, 
That <<NOTE: Contracts.>>  the Secretary of the Navy is hereby granted 
the authority to enter into a contract for an LHD-1 Amphibious Assault 
Ship which shall be funded on an incremental basis: Provided further, 
That the amount made available for the LPD-17 program may be obligated 
for expenditure for the procurement of contractor furnished and 
Government furnished material and equipment, and necessary advance 
construction activities.

                         Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except ordnance 
for new aircraft, new ships, and ships authorized for conversion); the 
purchase of not to exceed 63 passenger motor vehicles for replacement 
only, and the purchase of one vehicle required for physical security of 
personnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exceed $200,000; expansion of public and private 
plants, including the land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway, 
$3,557,380,000, to remain available for obligation until September 30, 
2003.

[[Page 114 STAT. 668]]

                        Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, and 
accessories therefor; plant equipment, appliances, and machine tools, 
and installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; vehicles for the 
Marine Corps, including the purchase of not to exceed 33 passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $1,233,268,000, to remain available for obligation 
until September 30, 2003.

                     Aircraft Procurement, Air Force

    For construction, procurement, lease, and modification of aircraft 
and equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $7,583,345,000, to remain available for 
obligation until September 30, 2003.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing 
purposes including rents and transportation of things, $2,863,778,000, 
to remain available for obligation until September 30, 2003.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other

[[Page 114 STAT. 669]]

expenses necessary for the foregoing purposes, $647,808,000, to remain 
available for obligation until September 30, 2003.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of not to exceed 173, 
passenger motor vehicles for replacement only, and the purchase of one 
vehicle required for physical security of personnel, notwithstanding 
price limitations applicable to passenger vehicles but not to exceed 
$200,000; lease of passenger motor vehicles; and expansion of public and 
private plants, Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $7,763,747,000, to remain available for obligation until 
September 30, 2003.

                        Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments) necessary for procurement, 
production, and modification of equipment, supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of not to 
exceed 115 passenger motor vehicles for replacement only; the purchase 
of 10 vehicles required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles but 
not to exceed $250,000 per vehicle; expansion of public and private 
plants, equipment, and installation thereof in such plants, erection of 
structures, and acquisition of land for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway, $2,346,258,000, to 
remain available for obligation until September 30, 2003.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $3,000,000 only for microwave power 
tubes and the wireless vibration sensor supplier initiative and to 
remain available until expended.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces, $100,000,000, to remain available for 
obligation until September 30, 2003: Provided, That <<NOTE: Deadline.>>  
the Chiefs of the Reserve and National Guard components shall, not later 
than 30 days after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority

[[Page 114 STAT. 670]]

assessment for their respective Reserve or National Guard component.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $6,342,552,000, to 
remain available for obligation until September 30, 2002.

            Research, Development, Test and Evaluation, Navy

     For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $9,494,374,000, to 
remain available for obligation until September 30, 2002: Provided, That 
funds appropriated in this paragraph which are available for the V-22 
may be used to meet unique requirements of the Special Operation Forces.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $14,138,244,000, to 
remain available for obligation until September 30, 2002.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments), necessary for basic and applied 
scientific research, development, test and evaluation; advanced research 
projects as may be designated and determined by the Secretary of 
Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $11,157,375,000, to remain 
available for obligation until September 30, 2002.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $227,060,000, to remain available for obligation until 
September 30, 2002.

[[Page 114 STAT. 671]]

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For the Defense Working Capital Funds, $916,276,000: Provided, That 
during fiscal year 2001, funds in the Defense Working Capital Funds may 
be used for the purchase of not to exceed 330 passenger carrying motor 
vehicles for replacement only for the Defense Security Service.

                      National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), $400,658,000, to remain available until expended: 
Provided, That none of the funds provided in this paragraph shall be 
used to award a new contract that provides for the acquisition of any of 
the following major components unless such components are manufactured 
in the United States: auxiliary equipment, including pumps, for all 
shipboard services; propulsion system components (that is; engines, 
reduction gears, and propellers); shipboard cranes; and spreaders for 
shipboard cranes: Provided further, That the exercise of an option in a 
contract awarded through the obligation of previously appropriated funds 
shall not be considered to be the award of a new contract: Provided 
further, That the Secretary of the military department responsible for 
such procurement may waive the restrictions in the first proviso on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate that 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security purposes.

                      National Defense Airlift Fund

                      (including transfer of funds)

    For National Defense Airlift Fund programs, projects, and 
activities, $2,840,923,000, to remain available until expended: 
Provided, That these funds shall only be available for transfer to the 
appropriate C-17 program P-1 line items of title III of this Act for the 
purposes specified in this section: Provided further, That the funds 
transferred under the authority provided within this section shall be 
merged with and shall be available for the same purposes, and for the 
same time period, as the appropriation to which transferred: Provided 
further, That the transfer authority provided in this section is in 
addition to any other transfer authority contained elsewhere in this 
Act.

[[Page 114 STAT. 672]]

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law, 
$12,117,779,000, of which $11,414,393,000 shall be for Operation and 
maintenance, of which not to exceed 2 percent shall remain available 
until September 30, 2002; of which $290,006,000, to remain available for 
obligation until September 30, 2003, shall be for Procurement; of which 
$413,380,000, to remain available for obligation until September 30, 
2002, shall be for Research, development, test and evaluation, and of 
which $10,000,000 shall be available for HIV prevention educational 
activities undertaken in connection with United States military 
training, exercises, and humanitarian assistance activities conducted in 
African nations.

             Chemical Agents and Munitions Destruction, Army

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents and 
munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $980,100,000, of which $600,000,000 shall be 
for Operation and maintenance to remain available until September 30, 
2002, $105,700,000 shall be for Procurement to remain available until 
September 30, 2003, and $274,400,000 shall be for Research, development, 
test and evaluation to remain available until September 30, 2002: 
Provided, That of the funds available under this heading, $1,000,000 
shall be available until expended each year only for a Johnston Atoll 
off-island leave program: Provided further, That the Secretaries 
concerned shall, pursuant to uniform regulations, prescribe travel and 
transportation allowances for travel by participants in the off-island 
leave program: Provided further, That the amount available under 
Operation and maintenance shall also be available for the conveyance, 
without consideration, of the Emergency One Cyclone II Custom Pumper 
truck subject to Army Loan DAAMO1-98-L-0001 to the Umatilla Indian 
Tribe, the current lessee.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation, $869,000,000: Provided, That the funds 
appropriated under this heading shall be available for obligation for 
the same time period and for the same purpose as the appropriation to 
which transferred: Provided further,

[[Page 114 STAT. 673]]

That the transfer authority provided under this heading is in addition 
to any other transfer authority contained elsewhere in this Act.

                     Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $147,545,000, of which $144,245,000 shall be for Operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval or 
authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $3,300,000 to remain available until September 
30, 2003, shall be for Procurement.

                                TITLE VII

                            RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $216,000,000.

                Intelligence Community Management Account

                      (including transfer of funds)

    For necessary expenses of the Intelligence Community Management 
Account, $148,631,000, of which $22,577,000 for the Advanced Research 
and Development Committee shall remain available until September 30, 
2002: Provided, That of the funds appropriated under this heading, 
$34,100,000 shall be transferred to the Department of Justice for the 
National Drug Intelligence Center to support the Department of Defense's 
counter-drug intelligence responsibilities, and of the said amount, 
$1,500,000 for Procurement shall remain available until September 30, 
2003, and $1,000,000 for Research, development, test and evaluation 
shall remain available until September 30, 2002: Provided further, That 
the National Drug Intelligence Center shall maintain the personnel and 
technical resources to provide timely support to law enforcement 
authorities to conduct document exploitation of materials collected in 
Federal, State, and local law enforcement activity.

Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental 
                            Restoration Fund

    For payment to Kaho'olawe Island Conveyance, Remediation, and 
Environmental Restoration Fund, as authorized by law, $60,000,000, to 
remain available until expended.

[[Page 114 STAT. 674]]

                 National Security Education Trust Fund

    For the purposes of title VIII of Public Law 102-183, $6,950,000, to 
be derived from the National Security Education Trust Fund, to remain 
available until expended.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002. During <<NOTE: 10 USC 1584 note.>>  the current fiscal 
year, provisions of law prohibiting the payment of compensation to, or 
employment of, any person not a citizen of the United States shall not 
apply to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national employees 
of the Department of Defense funded by this Act shall not be at a rate 
in excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher: Provided further, That 
this section shall not apply to Department of Defense foreign service 
national employees serving at United States diplomatic missions whose 
pay is set by the Department of State under the Foreign Service Act of 
1980: Provided further, That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense in the 
Republic of Turkey.

    Sec. 8003. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.
    Sec. 8004. No more than 20 percent of the appropriations in this Act 
which are limited for obligation during the current fiscal year shall be 
obligated during the last 2 months of the fiscal year: Provided, That 
this section shall not apply to obligations for support of active duty 
training of reserve components or summer camp training of the Reserve 
Officers' Training Corps.

                           (transfer of funds)

    Sec. 8005. Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$2,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time period, 
as the appropriation or fund to which transferred: Provided, That such 
authority to transfer may not be used unless for higher priority items, 
based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which funds 
are requested has been denied by the Congress: Provided further, 
That <<NOTE: Notification.>>  the Secretary of Defense shall notify the 
Congress promptly of all transfers

[[Page 114 STAT. 675]]

made pursuant to this authority or any other authority in this Act: 
Provided further, That no part of the funds in this Act shall be 
available to prepare or present a request to the Committees on 
Appropriations for reprogramming of funds, unless for higher priority 
items, based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress.

                           (transfer of funds)

    Sec. 8006. During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds: Provided, That transfers may be made between such 
funds: Provided further, That transfers may be made between working 
capital funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' appropriation 
accounts in such amounts as may be determined by the Secretary of 
Defense, with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Secretary of 
Defense has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital funds in 
this Act, no obligations may be made against a working capital fund to 
procure or increase the value of war reserve material inventory, unless 
the Secretary of Defense has notified the Congress prior to any such 
obligation.
    Sec. 8007. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 calendar 
days in session in advance to the congressional defense committees.
    Sec. 8008. <<NOTE: 10 USC 2306b note.>>  None of the funds provided 
in this Act shall be available to initiate: (1) a multiyear contract 
that employs economic order quantity procurement in excess of 
$20,000,000 in any 1 year of the contract or that includes an unfunded 
contingent liability in excess of $20,000,000; or (2) a contract for 
advance procurement leading to a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in any 1 
year, unless the congressional defense committees have been notified at 
least 30 days in advance of the proposed contract award: Provided, That 
no part of any appropriation contained in this Act shall be available to 
initiate a multiyear contract for which the economic order quantity 
advance procurement is not funded at least to the limits of the 
Government's liability: Provided further, That no part of any 
appropriation contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or component thereof if 
the value of the multiyear contract would exceed $500,000,000 unless 
specifically provided in this Act: Provided further, That no multiyear 
procurement contract can be terminated without 10-day prior notification 
to the congressional defense committees: Provided further, That the 
execution of multiyear authority shall require the use of a present 
value analysis to determine lowest cost compared to an annual 
procurement.

    Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows:

[[Page 114 STAT. 676]]

            Javelin missile; M2A3 Bradley fighting vehicle; DDG-51 
        destroyer; and UH-60/CH-60 aircraft.

    Sec. 8009. <<NOTE: Reports. Deadline. 10 USC 401 note.>>  Within the 
funds appropriated for the operation and maintenance of the Armed 
Forces, funds are hereby appropriated pursuant to section 401 of title 
10, United States Code, for humanitarian and civic assistance costs 
under chapter 20 of title 10, United States Code. Such funds may also be 
obligated for humanitarian and civic assistance costs incidental to 
authorized operations and pursuant to authority granted in section 401 
of chapter 20 of title 10, United States Code, and these obligations 
shall be reported to the Congress on September 30 of each year: 
Provided, That funds available for operation and maintenance shall be 
available for providing humanitarian and similar assistance by using 
Civic Action Teams in the Trust Territories of the Pacific Islands and 
freely associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239: Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.

    Sec. 8010. (a) During fiscal year 2001, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 2002 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2002 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2002.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8011. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department of 
Defense to exceed, outside the 50 United States, its territories, and 
the District of Columbia, 125,000 civilian workyears: 
Provided, <<NOTE: Applicability.>>  That workyears shall be applied as 
defined in the Federal Personnel Manual: Provided further, That 
workyears expended in dependent student hiring programs for 
disadvantaged youths shall not be included in this workyear limitation.

    Sec. 8012. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8013. (a) None of the funds appropriated by this Act shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Code, representing the normal cost for future benefits under section 
3015(d) of title 38, United States Code, for any member of the armed 
services who, on or after the date of the

[[Page 114 STAT. 677]]

enactment of this Act, enlists in the armed services for a period of 
active duty of less than 3 years, nor shall any amounts representing the 
normal cost of such future benefits be transferred from the Fund by the 
Secretary of the Treasury to the Secretary of Veterans Affairs pursuant 
to section 2006(d) of title 10, United States Code; nor shall the 
Secretary of Veterans Affairs pay such benefits to any such member: 
Provided, That these limitations shall not apply to members in combat 
arms skills or to members who enlist in the armed services on or after 
July 1, 1989, under a program continued or established by the Secretary 
of Defense in fiscal year 1991 to test the cost-effective use of special 
recruiting incentives involving not more than 19 noncombat arms skills 
approved in advance by the Secretary of Defense: Provided 
further, <<NOTE: Applicability.>>  That this subsection applies only to 
active components of the Army.

    (b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army participating 
as a full-time student and receiving benefits paid by the Secretary of 
Veterans Affairs from the Department of Defense Education Benefits Fund 
when time spent as a full-time student is credited toward completion of 
a service commitment: Provided, That this subsection shall not apply to 
those members who have reenlisted with this option prior to October 1, 
1987: <<NOTE: Applicability.>>  Provided further, That this subsection 
applies only to active components of the Army.

    Sec. 8014. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the enactment 
of this Act, is performed by more than 10 Department of Defense civilian 
employees until a most efficient and cost-effective organization 
analysis is completed on such activity or function and certification of 
the analysis is made to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided, That this section and 
subsections (a), (b), and (c) of 10 U.S.C. 2461 shall not apply to a 
commercial or industrial type function of the Department of Defense 
that: (1) is included on the procurement list established pursuant to 
section 2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred 
to as the Javits-Wagner-O'Day Act; (2) is planned to be converted to 
performance by a qualified nonprofit agency for the blind or by a 
qualified nonprofit agency for other severely handicapped individuals in 
accordance with that Act; or (3) is planned to be converted to 
performance by a qualified firm under 51 percent ownership by an Indian 
tribe, as defined in section 450b(e) of title 25, United States Code, or 
a Native Hawaiian organization, as defined in section 637(a)(15) of 
title 15, United States Code.

                           (transfer of funds)

    Sec. 8015. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental assistance agreement 
pursuant to section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as amended, 
under the authority of this provision or any other transfer authority 
contained in this Act.

[[Page 114 STAT. 678]]

    Sec. 8016. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and agencies) 
of welded shipboard anchor and mooring chain 4 inches in diameter and 
under unless the anchor and mooring chain are manufactured in the United 
States from components which are substantially manufactured in the 
United States: Provided, That for the purpose of this section 
manufactured will include cutting, heat treating, quality control, 
testing of chain and welding (including the forging and shot blasting 
process): Provided further, That for the purpose of this section 
substantially all of the components of anchor and mooring chain shall be 
considered to be produced or manufactured in the United States if the 
aggregate cost of the components produced or manufactured in the United 
States exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations 
that such an acquisition must be made in order to acquire capability for 
national security purposes.
    Sec. 8017. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) or TRICARE shall be available for the reimbursement of any 
health care provider for inpatient mental health service for care 
received when a patient is referred to a provider of inpatient mental 
health care or residential treatment care by a medical or health care 
professional having an economic interest in the facility to which the 
patient is referred: Provided, That this limitation does not apply in 
the case of inpatient mental health services provided under the program 
for persons with disabilities under subsection (d) of section 1079 of 
title 10, United States Code, provided as partial hospital care, or 
provided pursuant to a waiver authorized by the Secretary of Defense 
because of medical or psychological circumstances of the patient that 
are confirmed by a health professional who is not a Federal employee 
after a review, pursuant to rules prescribed by the Secretary, which 
takes into account the appropriate level of care for the patient, the 
intensity of services required by the patient, and the availability of 
that care.
    Sec. 8018. Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an annual 
meeting in the United States, under such regulations as the Secretary of 
Defense may prescribe.
    Sec. 8019. <<NOTE: 10 USC 2687 note.>>  Notwithstanding any other 
provision of law, during the current fiscal year, the Secretary of 
Defense may, by executive agreement, establish with host nation 
governments in NATO member states a separate account into which such 
residual value amounts negotiated in the return of United States 
military installations in NATO member states may be deposited, in the 
currency of the host nation, in lieu of direct monetary transfers to the 
United States Treasury: Provided, That such credits may be utilized only 
for the construction of facilities to support United States military 
forces in that host nation, or such real property maintenance and base 
operating costs that are currently executed through monetary transfers 
to such host nations: Provided further, That the

[[Page 114 STAT. 679]]

Department of Defense's budget submission for fiscal year 2002 shall 
identify such sums anticipated in residual value settlements, and 
identify such construction, real property maintenance or base operating 
costs that shall be funded by the host nation through such credits: 
Provided further, That all military construction projects to be executed 
from such accounts must be previously approved in a prior Act of 
Congress: Provided further, <<NOTE: Reports. Deadline.>>  That each such 
executive agreement with a NATO member host nation shall be reported to 
the congressional defense committees, the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate 30 days prior to the conclusion and endorsement 
of any such agreement established under this provision.

    Sec. 8020. None of the funds available to the Department of Defense 
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand 
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 
pistols.
    Sec. 8021. No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional defense 
committees that such a relocation is required in the best interest of 
the Government.
    Sec. 8022. In addition to the funds provided elsewhere in this Act, 
$8,000,000 is appropriated only for incentive payments authorized by 
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That a subcontractor at any tier shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544).
    Sec. 8023. During the current fiscal year, funds appropriated or 
otherwise available for any Federal agency, the Congress, the judicial 
branch, or the District of Columbia may be used for the pay, allowances, 
and benefits of an employee as defined by section 2105 of title 5, 
United States Code, or an individual employed by the government of the 
District of Columbia, permanent or temporary indefinite, who--
            (1) is a member of a Reserve component of the Armed Forces, 
        as described in section 10101 of title 10, United States Code, 
        or the National Guard, as described in section 101 of title 32, 
        United States Code;
            (2) performs, for the purpose of providing military aid to 
        enforce the law or providing assistance to civil authorities in 
        the protection or saving of life or property or prevention of 
        injury--
                    (A) Federal service under sections 331, 332, 333, or 
                12406 of title 10, United States Code, or other 
                provision of law, as applicable; or
                    (B) full-time military service for his or her State, 
                the District of Columbia, the Commonwealth of Puerto 
                Rico, or a territory of the United States; and
            (3) requests and is granted--
                    (A) leave under the authority of this section; or
                    (B) annual leave, which may be granted without 
                regard to the provisions of sections 5519 and 6323(b) of 
                title 5,

[[Page 114 STAT. 680]]

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

Provided, That any employee who requests leave under subsection (3)(A) 
for service described in subsection (2) of this section is entitled to 
such leave, subject to the provisions of this section and of the last 
sentence of section 6323(b) of title 5, United States Code, and such 
leave shall be considered leave under section 6323(b) of title 5, United 
States Code.
    Sec. 8024. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds a period of 24 months 
after initiation of such study with respect to a single function 
activity or 48 months after initiation of such study for a multi-
function activity.
    Sec. 8025. Funds appropriated by this Act for the American Forces 
Information Service shall not be used for any national or international 
political or psychological activities.
    Sec. 8026. Notwithstanding any other provision of law or regulation, 
the Secretary of Defense may adjust wage rates for civilian employees 
hired for certain health care occupations as authorized for the 
Secretary of Veterans Affairs by section 7455 of title 38, United States 
Code.
    Sec. 8027. None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such action 
would reduce the WC-130 Weather Reconnaissance mission below the levels 
funded in this Act.
    Sec. 8028. (a) Of the funds for the procurement of supplies or 
services appropriated by this Act, qualified nonprofit agencies for the 
blind or other severely handicapped shall be afforded the maximum 
practicable opportunity to participate as subcontractors and suppliers 
in the performance of contracts let by the Department of Defense.
    (b) During the current fiscal year, a business concern which has 
negotiated with a military service or defense agency a subcontracting 
plan for the participation by small business concerns pursuant to 
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be given 
credit toward meeting that subcontracting goal for any purchases made 
from qualified nonprofit agencies for the blind or other severely 
handicapped.
    (c) For the purpose of this section, the phrase ``qualified 
nonprofit agency for the blind or other severely handicapped'' means a 
nonprofit agency for the blind or other severely handicapped that has 
been approved by the Committee for the Purchase from the Blind and Other 
Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
    Sec. 8029. During the current fiscal year, net receipts pursuant to 
collections from third party payers pursuant to section 1095 of title 
10, United States Code, shall be made available to the local facility of 
the uniformed services responsible for the collections and shall be over 
and above the facility's direct budget amount.
    Sec. 8030. During the current fiscal year, the Department of Defense 
is authorized to incur obligations of not to exceed $350,000,000 for 
purposes specified in section 2350j(c) of title 10, United States Code, 
in anticipation of receipt of contributions, only from the Government of 
Kuwait, under that section: Provided, That upon receipt, such 
contributions from the Government of

[[Page 114 STAT. 681]]

Kuwait shall be credited to the appropriations or fund which incurred 
such obligations.
    Sec. 8031. Of the funds made available in this Act, not less than 
$21,417,000 shall be available for the Civil Air Patrol Corporation, of 
which $19,417,000 shall be available for Civil Air Patrol Corporation 
operation and maintenance to support readiness activities which includes 
$2,000,000 for the Civil Air Patrol counterdrug program: Provided, That 
funds identified for ``Civil Air Patrol'' under this section are 
intended for and shall be for the exclusive use of the Civil Air Patrol 
Corporation and not for the Air Force or any unit thereof.
    Sec. 8032. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other non-profit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, Advisory 
Group, Special Issues Panel, Visiting Committee, or any similar entity 
of a defense FFRDC, and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be compensated for his 
or her services as a member of such entity, or as a paid consultant by 
more than one FFRDC in a fiscal year: Provided, That a member of any 
such entity referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Federal Joint 
Travel Regulations, when engaged in the performance of membership 
duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2001 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2001, not more than 6,227 
staff years of technical effort (staff years) may be funded for defense 
FFRDCs: Provided, That of the specific amount referred to previously in 
this subsection, not more than 1,009 staff years may be funded for the 
defense studies and analysis FFRDCs.
    (e) <<NOTE: Reports.>>  The Secretary of Defense shall, with the 
submission of the department's fiscal year 2002 budget request, submit a 
report presenting the specific amounts of staff years of technical 
effort to be allocated for each defense FFRDC during that fiscal year.

    Sec. 8033. None of the funds appropriated or made available in this 
Act shall be used to procure carbon, alloy or armor steel plate for use 
in any Government-owned facility or property under the control of the 
Department of Defense which were not melted and rolled in the United 
States or Canada: Provided, <<NOTE: Applicability.>>  That these 
procurement restrictions shall apply to any and all Federal Supply Class 
9515, American Society of Testing and Materials (ASTM) or American Iron 
and Steel Institute (AISI) specifications of carbon, alloy or armor 
steel plate: Provided further, That the Secretary of the military 
department responsible for the procurement may

[[Page 114 STAT. 682]]

waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes: Provided further, That these restrictions shall not 
apply to contracts which are in being as of the date of the enactment of 
this Act.

    Sec. 8034. For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8035. During the current fiscal year, the Department of Defense 
may acquire the modification, depot maintenance and repair of aircraft, 
vehicles and vessels as well as the production of components and other 
Defense-related articles, through competition between Department of 
Defense depot maintenance activities and private firms: 
Provided, <<NOTE: Certification.>>  That the Senior Acquisition 
Executive of the military department or defense agency concerned, with 
power of delegation, shall certify that successful bids include 
comparable estimates of all direct and indirect costs for both public 
and private bids: Provided further, That Office of Management and Budget 
Circular A-76 shall not apply to competitions conducted under this 
section.

    Sec. 8036. <<NOTE: 41 USC 10b-2.>>  (a)(1) If the Secretary of 
Defense, after consultation with the United States Trade Representative, 
determines that a foreign country which is party to an agreement 
described in paragraph (2) has violated the terms of the agreement by 
discriminating against certain types of products produced in the United 
States that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act with 
respect to such types of products produced in that foreign country.

    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) <<NOTE: Reports.>>  The Secretary of Defense shall submit to the 
Congress a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2001. Such report shall separately 
indicate the dollar value of items for which the Buy American Act was 
waived pursuant to any agreement described in subsection (a)(2), the 
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.

    (c) For purposes of this section, the term ``Buy American Act'' 
means title III of the Act entitled ``An Act making appropriations for 
the Treasury and Post Office Departments for the fiscal year ending June 
30, 1934, and for other purposes'', approved March 3, 1933 (41 U.S.C. 
10a et seq.).
    Sec. 8037. Appropriations contained in this Act that remain 
available at the end of the current fiscal year as a result of energy 
cost savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the extent, and

[[Page 114 STAT. 683]]

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

                      (including transfer of funds)

    Sec. 8038. Amounts deposited during the current fiscal year to the 
special account established under 40 U.S.C. 485(h)(2) and to the special 
account established under 10 U.S.C. 2667(d)(1) are appropriated and 
shall be available until transferred by the Secretary of Defense to 
current applicable appropriations or funds of the Department of Defense 
under the terms and conditions specified by 40 U.S.C. 485(h)(2)(A) and 
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available 
for the same time period and the same purposes as the appropriation to 
which transferred.
    Sec. 8039. <<NOTE: President. 10 USC 221 note.>>  The President 
shall include with each budget for a fiscal year submitted to the 
Congress under section 1105 of title 31, United States Code, materials 
that shall identify clearly and separately the amounts requested in the 
budget for appropriation for that fiscal year for salaries and expenses 
related to administrative activities of the Department of Defense, the 
military departments, and the defense agencies.

    Sec. 8040. Notwithstanding any other provision of law, funds 
available for ``Drug Interdiction and Counter-Drug Activities, Defense'' 
may be obligated for the Young Marines program.

                      (including transfer of funds)

    Sec. 8041. During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act: Provided, <<NOTE: Reports.>>  That none of the 
funds made available for expenditure under this section may be 
transferred or obligated until 30 days after the Secretary of Defense 
submits a report which details the balance available in the Overseas 
Military Facility Investment Recovery Account, all projected income into 
the account during fiscal years 2001 and 2002, and the specific 
expenditures to be made using funds transferred from this account during 
fiscal year 2001.

    Sec. 8042. Of the funds appropriated or otherwise made available by 
this Act, not more than $119,200,000 shall be available for payment of 
the operating costs of NATO Headquarters: Provided, That the Secretary 
of Defense may waive this section for Department of Defense support 
provided to NATO forces in and around the former Yugoslavia.
    Sec. 8043. During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance may 
be used to purchase items having an investment item unit cost of not 
more than $100,000.
    Sec. 8044. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense

[[Page 114 STAT. 684]]

Working Capital Funds if such an item would not have been chargeable to 
the Department of Defense Business Operations Fund during fiscal year 
1994 and if the purchase of such an investment item would be chargeable 
during the current fiscal year to appropriations made to the Department 
of Defense for procurement.
    (b) The fiscal year 2002 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2002 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2002 procurement appropriation and not in the supply 
management business area or any other area or category of the Department 
of Defense Working Capital Funds.
    Sec. 8045. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for obligation 
beyond the current fiscal year, except for funds appropriated for the 
Reserve for Contingencies, which shall remain available until September 
30, 2002: <<NOTE: 50 USC 403u note.>>  Provided, That funds 
appropriated, transferred, or otherwise credited to the Central 
Intelligence Agency Central Services Working Capital Fund during this or 
any prior or subsequent fiscal year shall remain available until 
expended.

    Sec. 8046. Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8047. Of the funds appropriated by the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $10,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8048. Amounts collected for the use of the facilities of the 
National Science Center for Communications and Electronics during the 
current fiscal year pursuant to section 1459(g) of the Department of 
Defense Authorization Act, 1986, and deposited to the special account 
established under subsection 1459(g)(2) of that Act are appropriated and 
shall be available until expended for the operation and maintenance of 
the Center as provided for in subsection 1459(g)(2).
    Sec. 8049. None of the funds appropriated in this Act may be used to 
fill the commander's position at any military medical facility with a 
health care professional unless the prospective candidate can 
demonstrate professional administrative skills.
    Sec. 8050. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with the Buy American Act. For purposes of 
this subsection, the term ``Buy American Act'' means title III of the 
Act entitled ``An Act making appropriations for the Treasury and Post 
Office Departments for the fiscal year

[[Page 114 STAT. 685]]

ending June 30, 1934, and for other purposes'', approved March 3, 1933 
(41 U.S.C. 10a et seq.).
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-competitive, 
quality-competitive, and available in a timely fashion.
    Sec. 8051. None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited proposal 
unless the head of the activity responsible for the procurement 
determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an unsolicited 
        proposal which offers significant scientific or technological 
        promise, represents the product of original thinking, and was 
        submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:

Provided, That this limitation shall not apply to contracts in an amount 
of less than $25,000, contracts related to improvements of equipment 
that is in development or production, or contracts as to which a 
civilian official of the Department of Defense, who has been confirmed 
by the Senate, determines that the award of such contract is in the 
interest of the national defense.
    Sec. 8052. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.

    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, if 
the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to field operating agencies funded 
within the National Foreign Intelligence Program.
    Sec. 8053. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed to 
be specifically authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C.

[[Page 114 STAT. 686]]

414) during fiscal year 2001 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2001.
    Sec. 8054. Notwithstanding section 303 of Public Law 96-487 or any 
other provision of law, the Secretary of the Navy is authorized to lease 
real and personal property at Naval Air Facility, Adak, Alaska, pursuant 
to 10 U.S.C. 2667(f ), for commercial, industrial or other purposes: 
Provided, That notwithstanding any other provision of law, the Secretary 
of the Navy may remove hazardous materials from facilities, buildings, 
and structures at Adak, Alaska, and may demolish or otherwise dispose of 
such facilities, buildings, and structures.

                              (rescissions)

    Sec. 8055. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded as of the 
date of the enactment of this Act, or October 1, 2000, whichever is 
later, from the following accounts in the specified amounts:
            ``Aircraft Procurement, Army, 2000/2002'', $7,000,000;
            ``Missile Procurement, Army, 2000/2002'', $6,000,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        2000/2002'', $7,000,000;
            ``Procurement of Ammunition, Army, 2000/2002'', $5,000,000;
            ``Other Procurement, Army, 2000/2002'', $16,000,000;
            ``Aircraft Procurement, Navy, 2000/2002'', $24,125,000;
            ``Weapons Procurement, Navy, 2000/2002'', $3,853,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 2000/
        2002'', $1,463,000;
            ``Shipbuilding and Conversion, Navy, 2000/2004'', 
        $19,644,000;
            ``Other Procurement, Navy, 2000/2002'', $12,032,000;
            ``Procurement, Marine Corps, 2000/2002'', $3,623,000;
            ``Aircraft Procurement, Air Force, 2000/2002'', $32,743,000;
            ``Missile Procurement, Air Force, 2000/2002'', $5,500,000;
            ``Procurement of Ammunition, Air Force, 2000/2002'', 
        $1,232,000;
            ``Other Procurement, Air Force, 2000/2002'', $19,902,000;
            ``Procurement, Defense-Wide, 2000/2002'', $6,683,000;
            ``Research, Development, Test and Evaluation, Army, 2000/
        2001'', $20,592,000;
            ``Research, Development, Test and Evaluation, Navy, 2000/
        2001'', $35,621,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2000/2001'', $53,467,000;
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        2000/2001'', $36,297,000;
            ``Defense Health Program, 2000/2002'', $808,000; and
            ``Chemical Agents and Munitions Destruction, Army, 2000/
        2002'', $1,103,000:

Provided, That these reductions shall be applied proportionally to each 
budget activity, activity group and subactivity group and each program, 
project and activity within each appropriation account: Provided 
further, That such proportionate reduction shall not be applied to any 
funds that will not remain available for obligation beyond fiscal year 
2000: Provided further, That the following additional amounts are hereby 
rescinded as of the date

[[Page 114 STAT. 687]]

of the enactment of this Act, or October 1, 2000, whichever is later, 
from the following accounts in the specified amounts:
            ``Other Procurement, Army, 1999/2001'', $3,000,000;
            ``Aircraft Procurement, Air Force, 1999/2001'', $12,300,000;

    ``Other Procurement, Air Force, 1999/2001'', $8,000,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        2000/2002'', $23,000,000;
            ``Other Procurement, Army, 2000/2002'', $29,300,000;
            ``Aircraft Procurement, Navy, 2000/2002'', $6,500,000;
            ``Aircraft Procurement, Air Force, 2000/2002'', $24,000,000;
            ``Missile Procurement, Air Force, 2000/2002'', $36,192,000;

    ``Other Procurement, Air Force, 2000/2002'', $20,000,000;
            ``Research, Development, Test and Evaluation, Army, 2000/
        2001'', $22,000,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2000/2001'', $30,000,000; and
            ``Reserve Mobilization Income Insurance Fund'', $13,000,000.

    Sec. 8056. None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, the Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8057. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to the 
Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
    Sec. 8058. During the current fiscal year, funds appropriated in 
this Act are available to compensate members of the National Guard for 
duty performed pursuant to a plan submitted by a Governor of a State and 
approved by the Secretary of Defense under section 112 of title 32, 
United States Code: Provided, That during the performance of such duty, 
the members of the National Guard shall be under State command and 
control: Provided further, That such duty shall be treated as full-time 
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of 
title 10, United States Code.
    Sec. 8059. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Foreign Intelligence Program (NFIP), the Joint Military Intelligence 
Program (JMIP), and the Tactical Intelligence and Related Activities 
(TIARA) aggregate: Provided, That nothing in this section authorizes 
deviation from established Reserve and National Guard personnel and 
training procedures.
    Sec. 8060. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2000 level: Provided, That the Service

[[Page 114 STAT. 688]]

Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-based 
budgeting.

                      (including transfer of funds)

    Sec. 8061. None of the funds appropriated in this Act may be 
transferred to or obligated from the Pentagon Reservation Maintenance 
Revolving Fund, unless the Secretary of Defense certifies that the total 
cost for the planning, design, construction and installation of 
equipment for the renovation of the Pentagon Reservation will not exceed 
$1,222,000,000.
    Sec. 8062. <<NOTE: 10 USC 374 note.>>  (a) None of the funds 
available to the Department of Defense for any fiscal year for drug 
interdiction or counter-drug activities may be transferred to any other 
department or agency of the United States except as specifically 
provided in an appropriations law.

    (b) <<NOTE: 50 USC 403f note.>>  None of the funds available to the 
Central Intelligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any other department 
or agency of the United States except as specifically provided in an 
appropriations law.

                           (transfer of funds)

    Sec. 8063. Appropriations available in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' for increasing energy and 
water efficiency in Federal buildings may, during their period of 
availability, be transferred to other appropriations or funds of the 
Department of Defense for projects related to increasing energy and 
water efficiency, to be merged with and to be available for the same 
general purposes, and for the same time period, as the appropriation or 
fund to which transferred.
    Sec. 8064. None of the funds appropriated in fiscal year 2000 and by 
this Act may be used for the procurement of vessel propellers and ball 
and roller bearings other than those produced by a domestic source and 
of domestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive this restriction 
on a case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate, that 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security purposes: 
Provided further, That this restriction shall not apply to the purchase 
of ``commercial items'', as defined by section 4(12) of the Office of 
Federal Procurement Policy Act, except that the restriction shall apply 
to ball or roller bearings purchased as end items.
    Sec. 8065. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa, and funds available to the 
Department of Defense shall be made available to provide transportation 
of medical supplies and equipment, on a nonreimbursable basis, to the 
Indian Health Service when it is in conjunction with a civil-military 
project.

[[Page 114 STAT. 689]]

    Sec. 8066. None of the funds in this Act may be used to purchase any 
supercomputer which is not manufactured in the United States, unless the 
Secretary of Defense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire capability for 
national security purposes that is not available from United States 
manufacturers.
    Sec. 8067. Notwithstanding any other provision of law, the Naval 
shipyards of the United States shall be eligible to participate in any 
manufacturing extension program financed by funds appropriated in this 
or any other Act.
    Sec. 8068. Notwithstanding any other provision of law, each contract 
awarded by the Department of Defense during the current fiscal year for 
construction or service performed in whole or in part in a State (as 
defined in section 381(d) of title 10, United States Code) which is not 
contiguous with another State and has an unemployment rate in excess of 
the national average rate of unemployment as determined by the Secretary 
of Labor, shall include a provision requiring the contractor to employ, 
for the purpose of performing that portion of the contract in such State 
that is not contiguous with another State, individuals who are residents 
of such State and who, in the case of any craft or trade, possess or 
would be able to acquire promptly the necessary skills: Provided, That 
the Secretary of Defense may waive the requirements of this section, on 
a case-by-case basis, in the interest of national security.
    Sec. 8069. During the current fiscal year, the Army shall use the 
former George Air Force Base as the airhead for the National Training 
Center at Fort Irwin: Provided, That none of the funds in this Act shall 
be obligated or expended to transport Army personnel into Edwards Air 
Force Base for training rotations at the National Training Center.
    Sec. 8070. (a) Limitation on Transfer of Defense Articles and 
Services.--Notwithstanding any other provision of law, none of the funds 
available to the Department of Defense for the current fiscal year may 
be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in subsection 
(b) unless the congressional defense committees, the Committee on 
International Relations of the House of Representatives, and the 
Committee on Foreign Relations of the Senate are notified 15 days in 
advance of such transfer.
    (b) Covered Activities.--This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-enforcement, 
        or humanitarian assistance operation.

    (c) Required Notice.--A notice under subsection (a) shall include 
the following:
            (1) A description of the equipment, supplies, or services to 
        be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--

[[Page 114 STAT. 690]]

                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how the 
                President proposes to provide funds for such 
                replacement.

    Sec. 8071. To the extent authorized by subchapter VI of chapter 148 
of title 10, United States Code, the Secretary of Defense may issue loan 
guarantees in support of United States defense exports not otherwise 
provided for: Provided, That the total contingent liability of the 
United States for guarantees issued under the authority of this section 
may not exceed $15,000,000,000: Provided further, That the exposure fees 
charged and collected by the Secretary for each guarantee shall be paid 
by the country involved and shall not be financed as part of a loan 
guaranteed by the United States: Provided further, <<NOTE: Reports.>>  
That the Secretary shall provide quarterly reports to the Committees on 
Appropriations, Armed Services, and Foreign Relations of the Senate and 
the Committees on Appropriations, Armed Services, and International 
Relations in the House of Representatives on the implementation of this 
program: Provided further, That amounts charged for administrative fees 
and deposited to the special account provided for under section 2540c(d) 
of title 10, shall be available for paying the costs of administrative 
expenses of the Department of Defense that are attributable to the loan 
guarantee program under subchapter VI of chapter 148 of title 10, United 
States Code.

    Sec. 8072. None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of the 
        normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

    Sec. 8073. (a) None of the funds appropriated or otherwise made 
available in this Act may be used to transport or provide for the 
transportation of chemical munitions or agents to the Johnston Atoll for 
the purpose of storing or demilitarizing such munitions or agents.
    (b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical munition or agent of the United States 
found in the World War II Pacific Theater of Operations.
    (c) The President may suspend the application of subsection (a) 
during a period of war in which the United States is a party.
    Sec. 8074. None of the funds provided in title II of this Act for 
``Former Soviet Union Threat Reduction'' may be obligated or expended to 
finance housing for any individual who was a member of the military 
forces of the Soviet Union or for any individual who is or was a member 
of the military forces of the Russian Federation.

                      (including transfer of funds)

    Sec. 8075. During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading

[[Page 114 STAT. 691]]

``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be merged 
with, and to be available for the same time period as the appropriations 
to which transferred, to be used in support of such personnel in 
connection with support and services for eligible organizations and 
activities outside the Department of Defense pursuant to section 2012 of 
title 10, United States Code.
    Sec. 8076. <<NOTE: Applicability.>>  For purposes of section 1553(b) 
of title 31, United States Code, any subdivision of appropriations made 
in this Act under the heading ``Shipbuilding and Conversion, Navy'' 
shall be considered to be for the same purpose as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any 
prior year, and the 1 percent limitation shall apply to the total amount 
of the appropriation.

    Sec. 8077. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in 
        the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.

    Sec. 8078. <<NOTE: Reports.>>  The Under Secretary of Defense 
(Comptroller) shall submit to the congressional defense committees by 
February 1, 2001, a detailed report identifying, by amount and by 
separate budget activity, activity group, subactivity group, line item, 
program element, program, project, subproject, and activity, any 
activity for which the fiscal year 2002 budget request was reduced 
because the Congress appropriated funds above the President's budget 
request for that specific activity for fiscal year 2001.

    Sec. 8079. Funds appropriated in title II of this Act and for the 
Defense Health Program in title VI of this Act for supervision and 
administration costs for facilities maintenance and repair, minor 
construction, or design projects may be obligated at the time the 
reimbursable order is accepted by the performing activity: Provided, 
That for the purpose of this section, supervision and administration 
costs includes all in-house Government cost.

[[Page 114 STAT. 692]]

    Sec. 8080. During the current fiscal year, the Secretary of Defense 
may waive reimbursement of the cost of conferences, seminars, courses of 
instruction, or similar educational activities of the Asia-Pacific 
Center for Security Studies for military officers and civilian officials 
of foreign nations if the Secretary determines that attendance by such 
personnel, without reimbursement, is in the national security interest 
of the United States: Provided, That costs for which reimbursement is 
waived pursuant to this section shall be paid from appropriations 
available for the Asia-Pacific Center.
    Sec. 8081. (a) Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau may permit the use of equipment of the 
National Guard Distance Learning Project by any person or entity on a 
space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8082. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, regional 
or municipal services, if provisions are included for the consideration 
of United States coal as an energy source.
    Sec. 8083. Notwithstanding 31 U.S.C. 3902, during the current fiscal 
year, interest penalties may be paid by the Department of Defense from 
funds financing the operation of the military department or defense 
agency with which the invoice or contract payment is associated.
    Sec. 8084. None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Foreign 
Intelligence Program: Provided further, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national security 
interest to do so.
    Sec. 8085. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $800,000,000 
to reflect working capital fund cash balance and rate stabilization 
adjustments, to be distributed as follows:
            ``Operation and Maintenance, Army'', $40,794,000;
            ``Operation and Maintenance, Navy'', $271,856,000;

[[Page 114 STAT. 693]]

            ``Operation and Maintenance, Marine Corps'', $5,006,000;
            ``Operation and Maintenance, Air Force'', $294,209,000;
            ``Operation and Maintenance, Defense-Wide'', $10,864,000;
            ``Operation and Maintenance, Navy Reserve'', $31,669,000;
            ``Operation and Maintenance, Marine Corps Reserve'', 
        $563,000;
            ``Operation and Maintenance, Air Force Reserve'', 
        $43,974,000;
            ``Operation and Maintenance, Army National Guard'', 
        $15,572,000; and
            ``Operation and Maintenance, Air National Guard'', 
        $85,493,000.

    Sec. 8086. Notwithstanding any other provision of this Act, the 
amounts provided in all appropriation accounts in titles III and IV of 
this Act are hereby reduced by 0.7 percent: Provided, That these 
reductions shall be applied on a pro-rata basis to each line item, 
program element, program, project, subproject, and activity within each 
appropriation account: <<NOTE: Deadline. Reports.>>  Provided further, 
That not later than 60 days after the enactment of this Act, the Under 
Secretary of Defense (Comptroller) shall submit a report to the 
congressional defense committees listing the specific funding reductions 
allocated to each category listed in the preceding proviso pursuant to 
this section.

    Sec. 8087. None of the funds made available in this Act may be used 
to approve or license the sale of the F-22 advanced tactical fighter to 
any foreign government.
    Sec. 8088. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if the 
Secretary determines that the application of the limitation with respect 
to that country would invalidate cooperative programs entered into 
between the Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of defense 
items entered into under section 2531 of title 10, United States Code, 
and the country does not discriminate against the same or similar 
defense items produced in the United States for that country.
    (b) <<NOTE: Applicability.>>  Subsection (a) applies with respect 
to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason other 
        than the application of a waiver granted under subsection (a).

    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under headings 
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 
8211, 8215, and 9404.
    Sec. 8089. Funds made available to the Civil Air Patrol in this Act 
under the heading ``Drug Interdiction and Counter-Drug Activities, 
Defense'' may be used for the Civil Air Patrol Corporation's counterdrug 
program, including its demand reduction program involving youth 
programs, as well as operational and training

[[Page 114 STAT. 694]]

drug reconnaissance missions for Federal, State, and local government 
agencies; for administrative costs, including the hiring of Civil Air 
Patrol Corporation employees; for travel and per diem expenses of Civil 
Air Patrol Corporation personnel in support of those missions; and for 
equipment needed for mission support or performance: Provided, That the 
Department of the Air Force should waive reimbursement from the Federal, 
State, and local government agencies for the use of these funds.
    Sec. 8090. <<NOTE: 10 USC 1073 note.>>  Notwithstanding any other 
provision of law, the TRICARE managed care support contracts in effect, 
or in final stages of acquisition as of September 30, 2000, may be 
extended for 2 years: Provided, That any such extension may only take 
place if the Secretary of Defense determines that it is in the best 
interest of the Government: Provided further, That any contract 
extension shall be based on the price in the final best and final offer 
for the last year of the existing contract as adjusted for inflation and 
other factors mutually agreed to by the contractor and the Government: 
Provided further, That notwithstanding any other provision of law, all 
future TRICARE managed care support contracts replacing contracts in 
effect, or in the final stages of acquisition as of September 30, 2000, 
may include a base contract period for transition and up to seven 1-year 
option periods.

    Sec. 8091. None of the funds in this Act may be used to compensate 
an employee of the Department of Defense who initiates a new start 
program without notification to the Office of the Secretary of Defense, 
the Office of Management and Budget, and the congressional defense 
committees, as required by Department of Defense financial management 
regulations.
    Sec. 8092. (a) Prohibition.--None of the funds made available by 
this Act may be used to support any training program involving a unit of 
the security forces of a foreign country if the Secretary of Defense has 
received credible information from the Department of State that the unit 
has committed a gross violation of human rights, unless all necessary 
corrective steps have been taken.
    (b) Monitoring.--The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision to conduct any 
training program referred to in subsection (a), full consideration is 
given to all credible information available to the Department of State 
relating to human rights violations by foreign security forces.
    (c) Waiver.--The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition in subsection (a) if he 
determines that such waiver is required by extraordinary circumstances.
    (d) Report.--Not <<NOTE: Deadline.>>  more than 15 days after the 
exercise of any waiver under subsection (c), the Secretary of Defense 
shall submit a report to the congressional defense committees describing 
the extraordinary circumstances, the purpose and duration of the 
training program, the United States forces and the foreign security 
forces involved in the training program, and the information relating to 
human rights violations that necessitates the waiver.

    Sec. 8093. The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental equipment of the Department of Defense, at no 
cost to the Department of Defense, to Indian health service facilities 
and to federally-qualified health centers (within

[[Page 114 STAT. 695]]

the meaning of section 1905(l)(2)(B) of the Social Security Act (42 
U.S.C. 1396d(l)(2)(B))).
    Sec. 8094. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $856,900,000 
to reflect savings from favorable foreign currency fluctuations, to be 
distributed as follows:
            ``Military Personnel, Army'', $177,200,000;
            ``Military Personnel, Navy'', $53,400,000;
            ``Military Personnel, Marine Corps'', $14,200,000;
            ``Military Personnel, Air Force'', $147,600,000;
            ``Operation and Maintenance, Army'', $272,200,000;
            ``Operation and Maintenance, Navy'', $47,000,000;
            ``Operation and Maintenance, Marine Corps'', $2,200,000;
            ``Operation and Maintenance, Air Force'', $96,000,000;
            ``Operation and Maintenance, Defense-Wide'', $26,400,000; 
        and
            ``Defense Health Program'', $20,700,000.

    Sec. 8095. None of the funds appropriated or made available in this 
Act to the Department of the Navy shall be used to develop, lease or 
procure the ADC(X) class of ships unless the main propulsion diesel 
engines and propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to acquire capability 
for national security purposes or there exists a significant cost or 
quality difference.
    Sec. 8096. Of the funds made available in this Act, not less than 
$65,200,000 shall be available to maintain an attrition reserve force of 
18 B-52 aircraft, of which $3,200,000 shall be available from ``Military 
Personnel, Air Force'', $36,900,000 shall be available from ``Operation 
and Maintenance, Air Force'', and $25,100,000 shall be available from 
``Aircraft Procurement, Air Force'': Provided, That the Secretary of the 
Air Force shall maintain a total force of 94 B-52 aircraft, including 18 
attrition reserve aircraft, during fiscal year 2001: Provided further, 
That the Secretary of Defense shall include in the Air Force budget 
request for fiscal year 2002 amounts sufficient to maintain a B-52 force 
totaling 94 aircraft.
    Sec. 8097. <<NOTE: Budget. 10 USC 221 note.>>  The budget of the 
President for fiscal year 2002 submitted to the Congress pursuant to 
section 1105 of title 31, United States Code, and each annual budget 
request thereafter, shall include separate budget justification 
documents for costs of United States Armed Forces' participation in 
contingency operations for the Military Personnel accounts, the Overseas 
Contingency Operations Transfer Fund, the Operation and Maintenance 
accounts, and the Procurement accounts: Provided, That these budget 
justification documents shall include a description of the funding 
requested for each anticipated contingency operation, for each military 
service, to include active duty and Guard and Reserve components, and 
for each appropriation account: Provided further, That these documents 
shall include estimated costs for each element of expense or object 
class, a reconciliation of increases and decreases for ongoing 
contingency operations, and programmatic data including, but not limited 
to troop strength for each active duty and Guard and Reserve component, 
and estimates of the major

[[Page 114 STAT. 696]]

weapons systems deployed in support of each contingency: Provided 
further, That these documents shall include budget exhibits OP-5 and OP-
32, as defined in the Department of Defense Financial Management 
Regulation, for the Overseas Contingency Operations Transfer Fund for 
fiscal years 2000 and 2001.

    Sec. 8098. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts may 
be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8099. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, Test 
and Evaluation, Defense-Wide'' for any advanced concept technology 
demonstration project may only be obligated 30 days after a report, 
including a description of the project and its estimated annual and 
total cost, has been provided in writing to the congressional defense 
committees: Provided, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying to the congressional 
defense committees that it is in the national interest to do so.
    Sec. 8100. Notwithstanding any other provision of law, for the 
purpose of establishing all Department of Defense policies governing the 
provision of care provided by and financed under the military health 
care system's case management program under 10 U.S.C. 1079(a)(17), the 
term ``custodial care'' shall be defined as care designed essentially to 
assist an individual in meeting the activities of daily living and which 
does not require the supervision of trained medical, nursing, 
paramedical or other specially trained individuals: Provided, That the 
case management program shall provide that members and retired members 
of the military services, and their dependents and survivors, have 
access to all medically necessary health care through the health care 
delivery system of the military services regardless of the health care 
status of the person seeking the health care: Provided further, That the 
case management program shall be the primary obligor for payment of 
medically necessary services and shall not be considered as secondarily 
liable to title XIX of the Social Security Act, other welfare programs 
or charity based care.
    Sec. 8101. During the current fiscal year--
    (1) refunds attributable to the use of the Government travel card 
and refunds attributable to official Government travel arranged by 
Government Contracted Travel Management Centers may be credited to 
operation and maintenance accounts of the Department of Defense which 
are current when the refunds are received; and
    (2) refunds attributable to the use of the Government Purchase Card 
by military personnel and civilian employees of the Department of 
Defense may be credited to accounts of the Department of Defense that 
are current when the refunds are received and that are available for the 
same purposes as the accounts originally charged.
    Sec. 8102. (a) Registering Information Technology Systems With DOD 
Chief Information Officer.--None of the funds appropriated in this Act 
may be used for a mission critical or mission essential information 
technology system (including a system funded by the defense working 
capital fund) that is not registered

[[Page 114 STAT. 697]]

with the Chief Information Officer of the Department of Defense. A 
system shall be considered to be registered with that officer upon the 
furnishing to that officer of notice of the system, together with such 
information concerning the system as the Secretary of Defense may 
prescribe. An information technology system shall be considered a 
mission critical or mission essential information technology system as 
defined by the Secretary of Defense.
    (b) Certifications as to Compliance With Clinger-Cohen Act.--(1) 
During the current fiscal year, a major automated information system may 
not receive Milestone I approval, Milestone II approval, or Milestone 
III approval, or their equivalent, within the Department of Defense 
until the Chief Information Officer certifies, with respect to that 
milestone, that the system is being developed in accordance with the 
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief 
Information Officer may require additional certifications, as 
appropriate, with respect to any such system.
    (2) <<NOTE: Notification.>>  The Chief Information Officer shall 
provide the congressional defense committees timely notification of 
certifications under paragraph (1). Each such notification shall 
include, at a minimum, the funding baseline and milestone schedule for 
each system covered by such a certification and confirmation that the 
following steps have been taken with respect to the system:
            (A) Business process reengineering.
            (B) An analysis of alternatives.
            (C) An economic analysis that includes a calculation of the 
        return on investment.
            (D) Performance measures.
            (E) An information assurance strategy consistent with the 
        Department's Global Information Grid.

    (c) Definitions.--For purposes of this section:
            (1) The term ``Chief Information Officer'' means the senior 
        official of the Department of Defense designated by the 
        Secretary of Defense pursuant to section 3506 of title 44, 
        United States Code.
            (2) The term ``information technology system'' has the 
        meaning given the term ``information technology'' in section 
        5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
            (3) The term ``major automated information system'' has the 
        meaning given that term in Department of Defense Directive 
        5000.1.

    Sec. 8103. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support to 
another department or agency of the United States if such department or 
agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable basis, 
and is providing the requested support pursuant to such authority: 
Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.
    Sec. 8104. None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held

[[Page 114 STAT. 698]]

by the Department of Defense that has a center-fire cartridge and a 
United States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary-tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense under 
a contract that requires the entity to demonstrate to the satisfaction 
of the Department of Defense that armor piercing projectiles are either: 
(1) rendered incapable of reuse by the demilitarization process; or (2) 
used to manufacture ammunition pursuant to a contract with the 
Department of Defense or the manufacture of ammunition for export 
pursuant to a License for Permanent Export of Unclassified Military 
Articles issued by the Department of State.
    Sec. 8105. Notwithstanding any other provision of law, the Chief of 
the National Guard Bureau, or his designee, may waive payment of all or 
part of the consideration that otherwise would be required under 10 
U.S.C. 2667, in the case of a lease of personal property for a period 
not in excess of 1 year to any organization specified in 32 U.S.C. 
508(d), or any other youth, social, or fraternal non-profit organization 
as may be approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
    Sec. 8106. Notwithstanding any other provision of law, that not more 
than 35 percent of funds provided in this Act, may be obligated for 
environmental remediation under indefinite delivery/indefinite quantity 
contracts with a total contract value of $130,000,000 or higher.

                           (transfer of funds)

    Sec. 8107. Of the funds made available under the heading ``Operation 
and Maintenance, Air Force'', $10,000,000 shall be transferred to the 
Department of Transportation to enable the Secretary of Transportation 
to realign railroad track on Elmendorf Air Force Base and Fort 
Richardson.
    Sec. 8108. <<NOTE: 10 USC 2488 note.>>  None of the funds 
appropriated by this Act shall be used for the support of any 
nonappropriated funds activity of the Department of Defense that 
procures malt beverages and wine with nonappropriated funds for resale 
(including such alcoholic beverages sold by the drink) on a military 
installation located in the United States unless such malt beverages and 
wine are procured within that State, or in the case of the District of 
Columbia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases may be made in 
any State in which the installation is located: Provided further, That 
such local procurement requirements for malt beverages and wine shall 
apply to all alcoholic beverages only for military installations in 
States which are not contiguous with another State: Provided further, 
That alcoholic beverages other than wine and malt beverages, in 
contiguous States and the District of Columbia shall be procured from 
the most competitive source, price and other factors considered.

    Sec. 8109. During the current fiscal year, under regulations 
prescribed by the Secretary of Defense, the Center of Excellence for 
Disaster Management and Humanitarian Assistance may also pay, or 
authorize payment for, the expenses of providing or facilitating 
education and training for appropriate military and civilian

[[Page 114 STAT. 699]]

personnel of foreign countries in disaster management, peace operations, 
and humanitarian assistance: Provided, <<NOTE: Deadline. Reports.>>  
That not later than April 1, 2001, the Secretary of Defense shall submit 
to the congressional defense committees a report regarding the training 
of foreign personnel conducted under this authority during the preceding 
fiscal year for which expenses were paid under the section: Provided 
further, That the report shall specify the countries in which the 
training was conducted, the type of training conducted, and the foreign 
personnel trained.

    Sec. 8110. <<NOTE: Contracts.>>  (a) The Department of Defense is 
authorized to enter into agreements with the Veterans Administration and 
federally-funded health agencies providing services to Native Hawaiians 
for the purpose of establishing a partnership similar to the Alaska 
Federal Health Care Partnership, in order to maximize Federal resources 
in the provision of health care services by federally-funded health 
agencies, applying telemedicine technologies. For the purpose of this 
partnership, Native Hawaiians shall have the same status as other Native 
Americans who are eligible for the health care services provided by the 
Indian Health Service.

    (b) The Department of Defense is authorized to develop a 
consultation policy, consistent with Executive Order No. 13084 (issued 
May 14, 1998), with Native Hawaiians for the purpose of assuring maximum 
Native Hawaiian participation in the direction and administration of 
governmental services so as to render those services more responsive to 
the needs of the Native Hawaiian community.
    (c) For purposes of this section, the term ``Native Hawaiian'' means 
any individual who is a descendant of the aboriginal people who, prior 
to 1778, occupied and exercised sovereignty in the area that now 
comprises the State of Hawaii.
    Sec. 8111. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be made available for 
reconstruction activities in the Republic of Serbia (excluding the 
province of Kosovo) as long as Slobodan Milosevic remains the President 
of the Federal Republic of Yugoslavia (Serbia and Montenegro).
    Sec. 8112. In addition to the amounts provided elsewhere in this 
Act, the amount of $7,500,000 is hereby appropriated for ``Operation and 
Maintenance, Defense-Wide'', to be available, notwithstanding any other 
provision of law, only for a grant to the United Service Organizations 
Incorporated, a federally chartered corporation under chapter 2201 of 
title 36, United States Code. The grant provided for by this section is 
in addition to any grant provided for under any other provision of law.
    Sec. 8113. Of the funds made available in this Act under the heading 
``Operation and Maintenance, Defense-Wide'', up to $5,000,000 shall be 
available to provide assistance, by grant or otherwise, to public school 
systems that have unusually high concentrations of special needs 
military dependents enrolled: Provided, That in selecting school systems 
to receive such assistance, special consideration shall be given to 
school systems in States that are considered overseas assignments.
    Sec. 8114. In addition to the amounts provided elsewhere in this 
Act, the amount of $5,000,000 is hereby appropriated for ``Operation and 
Maintenance, Defense-Wide'', to be available, notwithstanding any other 
provision of law, only for a grant to the High Desert Partnership in 
Academic Excellence Foundation, Inc., for

[[Page 114 STAT. 700]]

the purpose of developing, implementing, and evaluating a standards and 
performance based academic model at schools administered by the 
Department of Defense Education Activity.
    Sec. 8115. (a) In General.--Notwithstanding any other provision of 
law, the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States of 
North Dakota, South Dakota, Montana, and Minnesota relocatable military 
housing units located at Grand Forks Air Force Base and Minot Air Force 
Base that are excess to the needs of the Air Force.
    (b) Processing of Requests.--The Secretary of the Air Force shall 
convey, at no cost to the Air Force, military housing units under 
subsection (a) in accordance with the request for such units that are 
submitted to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of North Dakota, South 
Dakota, Montana, and Minnesota.
    (c) Resolution of Housing Unit Conflicts.--The Operation Walking 
Shield program shall resolve any conflicts among requests of Indian 
tribes for housing units under subsection (a) before submitting requests 
to the Secretary of the Air Force under subsection (b).
    (d) Indian Tribe Defined.--In this section, the term ``Indian 
tribe'' means any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 104 of the 
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 
Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8116. Of the amounts appropriated in the Act under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'', 
$51,000,000 shall be available for the purpose of adjusting the cost-
share of the parties under the Agreement between the Department of 
Defense and the Ministry of Defence of Israel for the Arrow 
Deployability Program.
    Sec. 8117. The Secretary of Defense shall fully identify and 
determine the validity of health care contract liabilities, requests for 
equitable adjustment, and claims for unanticipated health care contract 
costs: Provided, That the Secretary of Defense shall establish an 
equitable and timely process for the adjudication of claims, and 
recognize actual liabilities during the Department's planning, 
programming and budgeting process: <<NOTE: Deadline.>>  Provided 
further, That not later than March 1, 2001, the Secretary of Defense 
shall submit a report to the congressional defense committees on the 
scope and extent of health care contract claims, and on the action taken 
to implement the provisions of this section: Provided further, That 
nothing in this section should be construed as congressional direction 
to liquidate or pay any claims that otherwise would not have been 
adjudicated in favor of the claimant.

    Sec. 8118. Funds available to the Department of Defense for the 
Global Positioning System during the current fiscal year may be used to 
fund civil requirements associated with the satellite and ground control 
segments of such system's modernization program.

                      (including transfer of funds)

    Sec. 8119. Of the amounts appropriated in this Act under the heading 
``Operation and Maintenance, Defense-Wide'', $115,000,000 shall remain 
available until expended: Provided, That notwithstanding any other 
provision of law, the Secretary of Defense

[[Page 114 STAT. 701]]

is authorized to transfer such funds to other activities of the Federal 
Government.
    Sec. 8120. (a) Report to the Congressional Defense Committees.--
Not <<NOTE: Deadline.>>  later than May 1, 2001, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
work-related illnesses in the Department of Defense workforce, including 
the workforce of Department contractors and vendors, resulting from 
exposure to beryllium or beryllium alloys.

    (b) Procedure, Methodology, and Time Periods.--To the maximum extent 
practicable, the Secretary shall use the same procedures, methodology, 
and time periods in carrying out the work required to prepare the report 
under subsection (a) as those used by the Department of Energy to 
determine work-related illnesses in the Department of Energy workforce 
associated with exposure to beryllium or beryllium alloys. To the extent 
that different procedures, methodology, and time periods are used, the 
Secretary shall explain in the report why those different procedures, 
methodology, or time periods were used, why they were appropriate, and 
how they differ from those used by the Department of Energy.
    (c) Report Elements.--The report shall include the following:
            (1) A description of the precautions used by the Department 
        of Defense and its contractors and vendors to protect their 
        current employees from beryllium-related disease.
            (2) Identification of elements of the Department of Defense 
        and of contractors and vendors to the Department of Defense that 
        use or have used beryllium or beryllium alloys in production of 
        products for the Department of Defense.
            (3) The number of employees (or, if an actual number is not 
        available, an estimate of the number of employees) employed by 
        each of the Department of Defense elements identified under 
        paragraph (2) that are or were exposed during the course of 
        their Defense-related employment to beryllium, beryllium dust, 
        or beryllium fumes.
            (4) A characterization of the amount, frequency, and 
        duration of exposure for employees identified under paragraph 
        (3).
            (5) Identification of the actual number of instances of 
        acute beryllium disease, chronic beryllium disease, or beryllium 
        sensitization that have been documented to date among employees 
        of the Department of Defense and its contractors and vendors.
            (6) The estimated cost if the Department of Defense were to 
        provide workers' compensation benefits comparable to benefits 
        provided under the Federal Employees Compensation Act to 
        employees, including former employees, of Government 
        organizations, contractors, and vendors who have contracted 
        beryllium-related diseases.
            (7) The Secretary's recommendations on whether compensation 
        for work-related illnesses in the Department of Defense 
        workforce, including contractors and vendors, is justified or 
        recommended.
            (8) Legislative proposals, if any, to implement the 
        Secretary's recommendations under paragraph (7).

    Sec. 8121. Of the amounts made available in title II of this Act for 
``Operation and Maintenance, Army'', $1,900,000 shall be available only 
for the purpose of making a grant to the San Bernardino County Airports 
Department for the installation of a perimeter security fence for that 
portion of the Barstow-Daggett Airport, California, which is used as a 
heliport for the National

[[Page 114 STAT. 702]]

Training Center, Fort Irwin, California, and for installation of other 
security improvements at that airport.
    Sec. 8122. The Secretary of Defense may during the current fiscal 
year and hereafter carry out the activities and exercise the authorities 
provided under the demonstration program authorized by section 9148 of 
the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 
106 Stat. 1941).
    Sec. 8123. <<NOTE: Deadline. Reports.>>  (a) Not later than 90 days 
after the date of the source selection for the Interim Armored Vehicle 
program (also referred to as the Family of Medium Armored Vehicles 
program), the Secretary of the Army shall submit to the congressional 
defense committees a detailed report on that program. The report shall 
include the following:
            (1) The required research and development cost for each 
        variant of the Interim Armored Vehicle to be procured and the 
        total research and development cost for the program.
            (2) The major milestones for the development program for the 
        Interim Armored Vehicle program.
            (3) The production unit cost of each variant of the Interim 
        Armored Vehicle to be procured.
            (4) The total procurement cost of the Interim Armored 
        Vehicle program.

    (b) <<NOTE: Reports.>>  The Chairman of the Joint Chiefs of Staff 
shall submit to the congressional defense committees a report (in both 
classified and unclassified versions) on the joint warfighting 
requirements to be met by the new medium brigades for the Army. The 
report shall describe any adjustments made to operational plans of the 
commanders of the unified combatant commands for use of those brigades. 
The report shall be submitted at the time that the President's budget 
for fiscal year 2002 is transmitted to Congress.

    Sec. 8124. None of the funds made available in this Act or the 
Department of Defense Appropriations Act, 2000 (Public Law 106-79) may 
be used to award a full funding contract for low-rate initial production 
for the F-22 aircraft program until--
            (1) the first flight of an F-22 aircraft incorporating Block 
        3.0 software has been conducted;
            (2) the Secretary of Defense certifies to the congressional 
        defense committees that all Defense Acquisition Board exit 
        criteria for the award of low-rate initial production of the 
        aircraft have been met; and
            (3) <<NOTE: Reports.>>  upon completion of the requirements 
        under (1) and (2) above, the Director of Operational Test and 
        Evaluation submits to the congressional defense committees a 
        report assessing the adequacy of testing to date to measure and 
        predict performance of F-22 avionics systems, stealth 
        characteristics, and weapons delivery systems.

    Sec. 8125. (a) The total amount expended by the Department of 
Defense for the F-22 aircraft program (over all fiscal years of the life 
of the program) for engineering and manufacturing development and for 
production may not exceed $58,028,200,000. The amount provided in the 
preceding sentence shall be adjusted by the Secretary of the Air Force 
in the manner provided in section 217(c) of Public Law 105-85 (111 Stat. 
1660). This section supersedes any limitation previously provided by law 
on the amount that may be obligated or expended for engineering and 
manufacturing development under the F-22 aircraft program and any

[[Page 114 STAT. 703]]

limitation previously provided by law on the amount that may be 
obligated or expended for the F-22 production program.
    (b) The provisions of subsection (a) apply during the current fiscal 
year and subsequent fiscal years.
    Sec. 8126. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act under title IV for the Ballistic 
Missile Defense Organization (BMDO) is hereby reduced by $14,000,000 to 
reflect a reduction in system engineering, program management, and other 
support costs.
    Sec. 8127. The Ballistic Missile Defense Organization and its 
subordinate offices and associated contractors, including the Lead 
Systems Integrator, shall notify the congressional defense committees 15 
days prior to issuing any type of information or proposal solicitation 
under the NMD Program with a potential annual contract value greater 
than $5,000,000 or a total contract value greater than $30,000,000.
    Sec. 8128. Up to $3,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific 
Missile Range Facility may be made available to contract for the repair, 
maintenance, and operation of adjacent off-base water, drainage, and 
flood control systems critical to base operations.
    Sec. 8129. In addition to amounts appropriated elsewhere in this 
Act, $20,000,000 is hereby appropriated to the Department of Defense: 
Provided, That the Secretary of Defense shall make a grant in the amount 
of $20,000,000 to the National Center for the Preservation of Democracy 
for the renovation of buildings and for other purposes to assist in 
carrying out the intent of 50 U.S.C. App. 1989.
    Sec. 8130. Of the funds made available under the heading ``Operation 
and Maintenance, Air Force'', not less than $7,000,000 shall be made 
available by grant or otherwise, to the North Slope Borough, to provide 
assistance for health care, monitoring and related issues associated 
with research conducted from 1955 to 1957 by the former Arctic 
Aeromedical Laboratory.
    Sec. 8131. None of the funds appropriated in this Act under the 
heading ``Overseas Contingency Operations Transfer Fund'' may be 
transferred or obligated for Department of Defense expenses not directly 
related to the conduct of overseas contingencies: 
Provided, <<NOTE: Reports.>> That the Secretary of Defense shall submit 
a report no later than 30 days after the end of each fiscal quarter to 
the Committees on Appropriations of the Senate and House of 
Representatives that details any transfer of funds from the ``Overseas 
Contingency Operations Transfer Fund'': Provided further, That the 
report shall explain any transfer for the maintenance of real property, 
pay of civilian personnel, base operations support, and weapon, vehicle 
or equipment maintenance.

    Sec. 8132. In addition to amounts made available elsewhere in this 
Act, $1,000,000 is hereby appropriated to the Department of Defense to 
be available for payment to members of the uniformed services for 
reimbursement for mandatory pet quarantines as authorized by law.

                           (transfer of funds)

    Sec. 8133. The Secretary of the Navy may transfer funds from any 
available Department of the Navy appropriation to any available Navy 
ship construction appropriation for the purpose of

[[Page 114 STAT. 704]]

liquidating necessary ship cost changes for previous ship construction 
programs appropriated in law: Provided, That the Secretary may transfer 
not to exceed $300,000,000 under the authority provided by this section: 
Provided further, That the funding transferred shall be available for 
the same time period as the appropriation from which transferred: 
Provided further, That the Secretary may not transfer any funds until 30 
days after the proposed transfer has been reported to the Committees on 
Appropriations of the Senate and the House of Representatives: Provided 
further, That the transfer authority provided by this section is in 
addition to any other transfer authority contained elsewhere in this 
Act.
    Sec. 8134. In addition to amounts appropriated elsewhere in this 
Act, $2,100,000 is hereby appropriated to the Department of Defense: 
Provided, That the Secretary of Defense shall make a grant in the amount 
of $2,100,000 to the National D-Day Museum.
    Sec. 8135. In addition to amounts appropriated elsewhere in this 
Act, $5,000,000 is hereby appropriated to the Department of Defense: 
Provided, That the Secretary of the Army shall make available a grant of 
$5,000,000 only to the Chicago Public Schools for conversion and 
expansion of the former Eighth Regiment National Guard Armory 
(Bronzeville).
    Sec. 8136. In addition to the amounts provided elsewhere in this 
Act, the amount of $10,000,000 is hereby appropriated for ``Operation 
and Maintenance, Navy'', to accelerate the disposal and scrapping of 
ships of the Navy Inactive Fleet and Maritime Administration National 
Defense Reserve Fleet: Provided, That the Secretary of the Navy and the 
Secretary of Transportation shall develop criteria for selecting ships 
for scrapping or disposal based on their potential for causing 
pollution, creating an environmental hazard and cost of storage: 
Provided further, <<NOTE: Reports. Deadline.>>  That the Secretary of 
the Navy and the Secretary of Transportation shall report to the 
congressional defense committees no later than June 1, 2001 regarding 
the total number of vessels currently designated for scrapping, and the 
schedule and costs for scrapping these vessels.

    Sec. 8137. <<NOTE: 10 USC 113 note.>>  Section 8106 of the 
Department of Defense Appropriations Act, 1997 (titles I through VIII of 
the matter under subsection 101(b) of Public Law 104-208; 110 Stat. 
3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to 
disbursements that are made by the Department of Defense in fiscal year 
2001.

    Sec. 8138. Privacy of Individual Medical Records. None of the funds 
provided in this Act shall be used to transfer, release, disclose, or 
otherwise make available to any individual or entity outside the 
Department of Defense for any non-national security or non-law 
enforcement purposes an individual's medical records without the consent 
of the individual.
    Sec. 8139. Of the amount available under title II under the heading 
``Operation and Maintenance, Defense-Wide'', $1,000,000 shall be 
available only for continuation of the Middle East Regional Security 
Issues program.
    Sec. 8140. Of the funds available in title II under the heading 
``Operation and Maintenance, Defense-Wide'', $20,000,000 may be 
available for information security initiatives: Provided, That, of such 
amount, $5,000,000 is available for the Institute for Defense Computer 
Security and Information Protection of the Department of Defense, and 
$15,000,000 is available for the Information Security Scholarship 
Program of the Department of Defense.

[[Page 114 STAT. 705]]

    Sec. 8141. In addition to the amounts appropriated or otherwise made 
available in this Act, $5,000,000, to remain available until September 
30, 2001, is hereby appropriated to the Department of Defense: Provided, 
That the Secretary of Defense shall make a grant in the amount of 
$5,000,000 to the American Red Cross for Armed Forces Emergency 
Services.
    Sec. 8142. Of the amounts appropriated under title II under the 
heading ``Operation and Maintenance, Defense-Wide'', $2,000,000 may be 
made available, subject to the enactment of authorizing legislation, for 
the Bosque Redondo Memorial in accordance with the provisions of title 
II of the bill S. 964 of the 106th Congress, as passed the Senate on 
November 19, 1999.
    Sec. 8143. Of the funds provided within title I of this Act, such 
funds as may be necessary shall be available for a special subsistence 
allowance for members eligible to receive food stamp assistance, as 
authorized by law.
    Sec. 8144. Section 8093 of the Department of Defense Appropriations 
Act, 2000 (Public Law 106-79; 113 Stat. 1253) is amended by striking 
subsection (d), relating to a prohibition on the use of Department of 
Defense funds to procure a nuclear-capable shipyard crane from a foreign 
source.
    Sec. 8145. Notwithstanding any other provision of law--
            (1) from amounts made available for ``Research, Development, 
        Test and Evaluation, Air Force'' in this Act and the Department 
        of Defense Appropriations Act, 2000 (Public Law 106-79), an 
        aggregate amount of $99,700,000 (less any proportional general 
        reduction required by law and any reduction required for the 
        Small Business Innovative Research program) shall be available 
        only for the B-2 Link 16/Center Instrument Display/In-Flight 
        Replanner program; and
            (2) the Secretary of the Air Force shall not be required to 
        obligate funds for potential termination liability in connection 
        with the B-2 Link 16/Center Instrument Display/In-Flight 
        Replanner program.

    Sec. 8146. Notwithstanding any other provision of law, not less than 
$233,637,000 of the funds provided in this Act shall be available only 
for the Airborne Laser program.
    Sec. 8147. (a) In General.--Section 106 of title 38, United States 
Code, is amended by adding at the end the following new subsection:
    ``(f ) Service as a member of the Alaska Territorial Guard during 
World War II of any individual who was honorably discharged therefrom 
under section 8147 of the Department of Defense Appropriations Act, 
2001, shall be considered active duty for purposes of all laws 
administered by the Secretary.''.
    (b) Discharge.--(1) <<NOTE: 38 USC 106 note.>>  The Secretary of 
Defense shall issue to each individual who served as a member of the 
Alaska Territorial Guard during World War II a discharge from such 
service under honorable conditions if the Secretary determines that the 
nature and duration of the service of the individual so warrants.

    (2) A discharge under paragraph (1) shall designate the date of 
discharge. The date of discharge shall be the date, as determined by the 
Secretary, of the termination of service of the individual concerned as 
described in that paragraph.
    (c) <<NOTE: 38 USC 106 note.>>  Prohibition on Retroactive 
Benefits.--No benefits shall be paid to any individual for any period 
before the date of the enactment of this Act by reason of the enactment 
of this section.

[[Page 114 STAT. 706]]

    Sec. 8148. United States-China Security Review Commission.--Subject 
to authorization, there are hereby appropriated, out of any funds in the 
Treasury not otherwise appropriated, $3,000,000, to remain available 
until expended, to the United States-China Security Review Commission 
for fiscal year 2001 to carry out its functions.
    Sec. 8149. Section 1621 of Public Law 92-204 (43 U.S.C. 1621), the 
Alaska Native Claims Settlement Act, as amended, is further amended by 
inserting at the end the following:
    ``(m) Licenses Held by Alaska Native Regional Corporations.--An 
Alaska Native regional corporation organized pursuant to the Alaska 
Native Claims Settlement Act, or an affiliate thereof, that holds a 
Federal Communications Commission license in the personal communications 
service as of the date of enactment of this section and has either paid 
for such license in full or has complied with the payment schedules for 
such license shall be permitted to transfer or assign without penalty 
such license to any transferee or assignee. No economic penalties shall 
apply to any transfer or assignment authorized under this section. Any 
amounts owed to the United States for the initial grant of such licenses 
shall become immediately due and payable upon the consummation of any 
such transfer or assignment. Any application for such a transfer or 
assignment shall be deemed granted if not denied by the Commission 
within 90 days of the date on which it was initially filed. Any 
provision of law or regulation to the contrary is hereby amended.''.
    Sec. 8150. For purposes of implementing section 206(b) of H. Con. 
Res. 290 (106th Congress), the limits provided in section 302(a)(3)(A) 
of the Congressional Budget Act of 1974 shall not apply with respect to 
fiscal year 2001.
    Sec. 8151. (a) Designation.--The consolidated operations center 
planned for construction at Redstone Arsenal, Huntsville, Alabama, to 
house the Army's Space and Missile Defense Command and for other 
purposes, shall be known and designated as the ``Wernher von Braun 
Complex''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the complex referred to 
in subsection (a) shall be deemed to be a reference to the ``Wernher von 
Braun Complex''.
    Sec. 8152. Of the funds provided in this Act under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'' for the 
Pacific Disaster Center, $300,000 shall be made available for a grant, 
to be awarded not later than 60 days after the enactment of this Act, to 
the Circum-Pacific Council for the Crowding the Rim Summit Initiative.
    Sec. 8153. Upon the enactment of this Act, the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, <<NOTE: 113 Stat. 1501A-50.>>  2000 (as enacted into 
law by section 1000(a)(1) of Public Law 106-113) is amended under the 
heading ``Small Business Administration, Business Loans Program 
Account'' in the first paragraph by striking ``Provided, That of the 
total provided, $6,000,000 shall be available only for the cost of 
guaranteed loans under the New Markets Venture Capital program and shall 
become available for obligation only upon authorization of such program 
by the enactment of subsequent legislation in fiscal year 2000:''.

[[Page 114 STAT. 707]]

    Sec. 8154. In addition to amounts appropriated elsewhere in this 
Act, $1,650,000 is hereby appropriated to the Department of Defense, 
only for a competitively awarded grant to a medical research institution 
for research among persons who served on active duty in the Southwest 
Asia theater of operations during the Persian Gulf War on: (1) the 
possible health effect of exposure to low levels of hazardous chemicals, 
including chemical warfare agents and other substances; and (2) the 
individual susceptibility of humans to such exposure under 
environmentally controlled conditions.
    Sec. 8155. In addition to the amounts appropriated elsewhere in this 
Act, $2,000,000, to remain available until expended, is hereby 
appropriated to the Department of Defense: Provided, That 
notwithstanding any other provision of law, the Secretary of Defense 
shall make available a grant of $2,000,000 to the Oakland Military 
Institute, Oakland, California.
    Sec. 8156. In addition to the amounts provided elsewhere in this 
Act, the amount of $10,000,000 is hereby appropriated for ``Operation 
and Maintenance, Army'' and shall be available to the Secretary of the 
Army, notwithstanding any other provision of law, only to be provided as 
a grant to the City of San Bernardino, California, contingent on the 
resolution of the case ``City of San Bernardino v. United States'', 
pending as of July 1, 2000, in the United States District Court for the 
Central District of California (C.D. Cal. Case No. CV 96-8867).
    Sec. 8157. The Secretary of Defense may transfer, at no cost, the 
title/ownership of the alloying material being stored at the Brownfield 
site in Bethlehem, Pennsylvania to the Bethlehem Development 
Corporation: Provided, That the net proceeds from the disposition of the 
materials are only for redevelopment of the Brownfield site.
    Sec. 8158. In addition to amounts provided in this Act, $2,000,000 
is hereby appropriated for ``Defense Health Program'', to remain 
available for obligation until expended: Provided, That notwithstanding 
any other provision of law, these funds shall be available only for a 
grant to the Fisher House Foundation, Inc., only for the construction 
and furnishing of additional Fisher Houses to meet the needs of military 
family members when confronted with the illness or hospitalization of an 
eligible military beneficiary.
    Sec. 8159. The Office of Economic Adjustment may amend a grant 
awarded in 1998 to the Commonwealth of Pennsylvania for Industrial 
Modernization of Philadelphia Shipyard for the purpose of undertaking 
community economic adjustment activities to provide for the acquisition 
of equipment that would further the overall purpose of the grant: 
Provided, That such amendment shall not increase the grant period or the 
total amount of the grant award and shall be deemed, for all purposes, 
to be within the scope of the original grant.
    Sec. 8160. The appropriation under the heading ``Defense 
Reinvestment for Economic Growth'' in the Supplemental Appropriations 
Act of 1993 <<NOTE: 107 Stat. 250.>>  (Public Law 103-50) is amended by 
striking ``that date'' and inserting ``December 1, 
2004'': <<NOTE: Effective date.>>  Provided, That the amendment made by 
this section shall be effective as of July 2, 1993.

[[Page 114 STAT. 708]]

                      (including transfer of funds)

    Sec. 8161. In addition to the amounts appropriated elsewhere in this 
Act, $2,000,000, to remain available until expended, is hereby 
appropriated to the Department of Defense: <<NOTE: Deadline.>>  
Provided, That not later than October 15, 2000, the Secretary of Defense 
shall transfer these funds to the Department of Energy appropriation 
account ``Fossil Energy Research and Development'', only for a proposed 
conceptual design study to examine the feasibility of a zero emissions, 
steam injection process with possible applications for increased power 
generation efficiency, enhanced oil recovery and carbon sequestration.

    Sec. 8162. Section 104 of the Emergency Supplemental Act, 
2000 <<NOTE: Ante, p. 529.>>  (in title I, chapter 1, of division B of 
Public Law 106-246) is amended to read as follows: after ``Procurement 
of Weapons and Tracked Combat Vehicles, Army'', insert the following: 
``, to remain available for obligation until September 30, 2002,''.

    Sec. 8163. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $71,367,000, 
to reduce cost growth in consulting and advisory services and other 
contract growth, to be distributed as follows:
            ``Operation and Maintenance, Army'', $20,000,000;
            ``Operation and Maintenance, Navy'', $10,000,000;
            ``Operation and Maintenance, Marine Corps'', $367,000; and
            ``Operation and Maintenance, Air Force'', $41,000,000.

    Sec. 8164. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $92,700,000, 
to reduce excess funded carryover, to be distributed as follows:
            ``Operation and Maintenance, Army'', $40,500,000; and
            ``Operation and Maintenance, Air Force'', $52,200,000.

    Sec. 8165. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $159,076,000, 
to reduce growth in headquarters and administrative activities, to be 
distributed as follows:
            ``Operation and Maintenance, Army'', $56,700,000;
            ``Operation and Maintenance, Navy'', $12,376,000; and
            ``Operation and Maintenance, Air Force'', $90,000,000.

    Sec. 8166. Of the amounts provided in title II of this Act, the 
following account is hereby reduced by the specified amount:
            ``Overseas Contingency Operations Transfer Fund'', 
        $1,100,000,000.

                                TITLE IX

 ADDITIONAL FISCAL YEAR 2000 EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 
                        THE DEPARTMENT OF DEFENSE

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to provide additional emergency 
supplemental appropriations for the Department of Defense for the fiscal 
year ending September 30, 2000, and for other purposes, namely:

[[Page 114 STAT. 709]]

                     DEPARTMENT OF DEFENSE--MILITARY

                        OPERATION AND MAINTENANCE

              Overseas Contingency Operations Transfer Fund

                      (including transfer of funds)

    For an additional amount for the ``Overseas Contingency Operations 
Transfer Fund'', $1,100,000,000, to remain available until expended: 
Provided, That the Secretary of Defense may transfer the funds provided 
herein only to appropriations for military personnel; operation and 
maintenance accounts; procurement; research, development, test and 
evaluation; the Defense Health Program; and to working capital funds: 
Provided further, That the funds transferred shall be merged with and 
shall be available for the same purposes and for the same time period, 
as the appropriation to which transferred: Provided further, That the 
transfer authority provided in this paragraph is in addition to any 
other transfer authority available to the Department of Defense: 
Provided further, That upon a determination that all or part of the 
funds transferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended: Provided further, That the entire amount shall be 
available only to the extent an official budget request for a specific 
dollar amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined by such Act, is 
transmitted by the President to the Congress.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001. (a) In addition to amounts appropriated or otherwise made 
available for the Department of Defense elsewhere in this Act, the 
Department of Defense Appropriations Act, 2000 (Public Law 106-79), and 
the Emergency Supplemental Act, 2000 (division B of Public Law 106-246), 
there is hereby appropriated to the Department of Defense $679,000,000, 
as follows:
            (1) For military personnel accounts, to remain available for 
        obligation until September 30, 2001, $50,000,000, only for 
        ``Military Personnel, Navy''.
            (2) For operation and maintenance accounts, to remain 
        available for obligation until September 30, 2001, $529,000,000, 
        as follows:
                    (i) For depot-level maintenance and repair, 
                $234,000,000, as follows:
                          ``Operation and Maintenance, Army'', 
                      $50,000,000;
                          ``Operation and Maintenance, Navy'', 
                      $162,000,000 (of which $20,000,000 is for aviation 
                      depot maintenance and $142,000,000 for ship depot 
                      maintenance);
                          ``Operation and Maintenance, Marine Corps'', 
                      $22,000,000.
                    (ii) For readiness spares kits, $45,000,000, only 
                for ``Operation and Maintenance, Air Force''.
                    (iii) For real property maintenance, $250,000,000, 
                as follows:

[[Page 114 STAT. 710]]

                          ``Operation and Maintenance, Army'', 
                      $70,000,000;
                          ``Operation and Maintenance, Navy'', 
                      $70,000,000;
                          ``Operation and Maintenance, Marine Corps'', 
                      $40,000,000; and
                          ``Operation and Maintenance, Air Force'', 
                      $70,000,000.
            (3) For the Defense Health Program, to remain available for 
        obligation until September 30, 2001, $100,000,000.

    (b) Emergency Designation.--The entire amount made available in this 
section--
            (1) is designated by the Congress as an emergency 
        requirement pursuant to section 251(b)(2)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985, as amended; 
        and
            (2) shall be available only if the President transmits to 
        the Congress an official budget request for $679,000,000, which 
        includes designation of the entire amount of the request as an 
        emergency requirement as defined in the Balanced Budget and 
        Emergency Deficit Control Act of 1985, as amended.

    Sec. 9002. Notwithstanding any other provision of this Act, funds 
appropriated by this title, or made available by the transfer of funds 
in this title, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414).
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 2001''.

    Approved August 9, 2000.

LEGISLATIVE HISTORY--H.R. 4576 (S. 2593):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 106-644 (Comm. on Appropriations) and 106-754
(Comm. of Conference).
SENATE REPORTS: No. 106-298 accompanying S. 2593 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            June 7, considered and passed House.
            June 8, 9, 12, 13, considered and passed Senate, amended.
            July 19, House agreed to conference report.
            July 27, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Aug. 9, Presidential statement.

                                  <all>
```