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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 Amer-
ican 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 under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to Con-
gress a report on the amount of Department of Defense
purchases from foreign entities in fiscal year 2000. Such
report shall separately indicate the dollar value of items
for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy
American Act’’ means title III of the Act entitled ‘‘An Act
making appropriations for the Treasury and Post Office
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Departments for the fiscal year ending June 30, 1934,
and for other purposes’’, approved March 3, 1933 (41
U.S.C. 10a et seq.).
SEC. 8039. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
a result of energy cost savings realized by the Department
of Defense shall remain available for obligation for the
next fiscal year to the extent, and for the purposes, pro-
vided in section 2865 of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8040. Amounts deposited during the current fis-
cal 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
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 appro-
priation to which transferred.
SEC. 8041. During the current fiscal year, appropria-
tions available to the Department of Defense may be used
to reimburse a member of a reserve component of the
Armed Forces who is not otherwise entitled to travel and
transportation allowances and who occupies transient gov-
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ernment housing while performing active duty for training
or inactive duty training: Provided, That such members
may be provided lodging in kind if transient government
quarters are unavailable as if the member was entitled to
such allowances under subsection (a) of section 404 of title
37, United States Code: Provided further, That if lodging
in kind is provided, any authorized service charge or cost
of such lodging may be paid directly from funds appro-
priated for operation and maintenance of the reserve com-
ponent of the member concerned.
SEC. 8042. 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 re-
quested in the budget for appropriation for that fiscal year
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military depart-
ments, and the Defense agencies.
SEC. 8043. Notwithstanding any other provision of
law, funds available for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’ may be obligated for the Young
Marines program.
SEC. 8044. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by sec-
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tion 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.
SEC. 8045. Of the funds appropriated or otherwise
made available by this Act, not more than $119,200,000
shall be available for payment of the operating costs of
NATO Headquarters: Provided, That the Secretary of De-
fense may waive this section for Department of Defense
support provided to NATO forces in and around the
former Yugoslavia.
SEC. 8046. During the current fiscal year, appropria-
tions which are available to the Department of Defense
for operation and maintenance may be used to purchase
items having an investment item unit cost of not more
than $100,000.
SEC. 8047. (a) During the current fiscal year, none
of the appropriations or funds available to the Department
of Defense Working Capital Funds shall be used for the
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable
to the Department of Defense Business Operations Fund
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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 2001 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 2001
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be
budgeted for in a proposed fiscal year 2001 procurement
appropriation and not in the supply management business
area or any other area or category of the Department of
Defense Working Capital Funds.
SEC. 8048. None of the funds appropriated by this
Act for programs of the Central Intelligence Agency shall
remain available for obligation beyond the current fiscal
year, except for funds appropriated for the Reserve for
Contingencies, which shall remain available until Sep-
tember 30, 2001: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund
during this or any prior or subsequent fiscal year shall
remain available until expended.
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SEC. 8049. Notwithstanding any other provision of
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands.
SEC. 8050. Of the funds appropriated by the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, Defense-Wide’’, not less than $8,000,000 shall be
made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities.
SEC. 8051. Amounts collected for the use of the fa-
cilities of the National Science Center for Communications
and Electronics during the current fiscal year pursuant
to section 1459(g) of the Department of Defense Author-
ization Act, 1986, and deposited to the special account es-
tablished under subsection 1459(g)(2) of that Act are ap-
propriated and shall be available until expended for the
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operation and maintenance of the Center as provided for
in subsection 1459(g)(2).
SEC. 8052. None of the funds appropriated in this
Act may be used to fill the commander’s position at any
military medical facility with a health care professional
unless the prospective candidate can demonstrate profes-
sional administrative skills.
SEC. 8053. (a) None of the funds appropriated in this
Act may be expended by an entity of the Department of
Defense unless the entity, in expending the funds, com-
plies with the Buy American Act. For purposes of this
subsection, the term ‘‘Buy American Act’’ means title III
of the Act entitled ‘‘An Act making appropriations for the
Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved
March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a per-
son 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, wheth-
er the person should be debarred from contracting with
the Department of Defense.
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(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase
only American-made equipment and products, provided
that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely
fashion.
SEC. 8054. None of the funds appropriated by this
Act shall be available for a contract for studies, analysis,
or consulting services entered into without competition on
the basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines—
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform
the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a
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new product or idea of a specific concern is given fi-
nancial 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 pro-
duction, or contracts as to which a civilian official of the
Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in
the interest of the national defense.
SEC. 8055. (a) Except as provided in subsections (b)
and (c), none of the funds made available by this Act may
be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the depart-
ment who is transferred or reassigned from a head-
quarters 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 mili-
tary 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.
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(c) This section does not apply to field operating
agencies funded within the National Foreign Intelligence
Program.
SEC. 8056. Funds appropriated by this Act and in
Public Law 105–277, or made available by the transfer
of funds in this Act and in Public Law 105–277 for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2000 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2000.
SEC. 8057. Notwithstanding section 303 of Public
Law 96–487 or any other provision of law, the Secretary
of the Navy is authorized to lease real and personal prop-
erty at Naval Air Facility, Adak, Alaska, pursuant to 10
U.S.C. 2667(f), for commercial, industrial or other pur-
poses: Provided, That notwithstanding any other provision
of law, the Secretary of the Navy may remove hazardous
materials from facilities, buildings, and structures at
Adak, Alaska, and may demolish or otherwise dispose of
such facilities, buildings, and structures: Provided further,
That notwithstanding any other provision of law, not more
than $4,650,000 of the funds provided under the heading
‘‘Operation and Maintenance, Army’’ in title II of this Act
shall be available to the Secretary of the Army, acting
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through the Chief of Engineers, only for demolition and
removal of facilities, buildings, and structures formerly
used as a District Headquarters Office by the Corps of
Engineers (Northwest Division, CENWW, Washington
State), as described in the study conducted regarding the
headquarters pursuant to the Energy and Water Develop-
ment Appropriations Act, 1992 (Public Law 102–104;
105 Stat. 511).
(RESCISSIONS)
SEC. 8058. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are here-
by rescinded as of the date of the enactment of this Act,
or October 1, 1999, whichever is later, from the following
accounts and programs in the specified amounts:
‘‘Other
Procurement,
Navy,
1998/2000’’,
$6,384,000;
‘‘Aircraft Procurement, Air Force, 1998/2000’’,
$26,100,000;
‘‘Missile Procurement, Air Force, 1998/2000’’,
$100,000,000;
‘‘Other
Procurement,
Army,
1999/2001’’,
$20,700,000;
‘‘Aircraft
Procurement,
Navy,
1999/2001’’,
$62,500,000;
‘‘Weapons
Procurement,
Navy,
1999/2001’’,
$8,000,000;
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Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1999/2003’’:
New Attack Submarine, $35,000,000;
CVN–69, $11,400,000;
‘‘Other
Procurement,
Navy,
1999/2001’’,
$16,353,000;
‘‘Aircraft Procurement, Air Force, 1999/2001’’,
$81,229,000;
‘‘Missile Procurement, Air Force, 1999/2001’’,
$155,500,000;
‘‘Research, Development, Test and Evaluation,
Army, 1999/2000’’, $16,400,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1999/2000’’, $49,921,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 1999/2000’’, $23,500,000.
SEC. 8059. None of the funds available in this Act
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for
the purpose of applying any administratively imposed civil-
ian personnel ceiling, freeze, or reduction on military (ci-
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure.
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SEC. 8060. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8061. During the current fiscal year, funds ap-
propriated in this Act are available to compensate mem-
bers 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 perform-
ance of such duty, the members of the National Guard
shall be under State command and control: Provided fur-
ther, That such duty shall be treated as full-time National
Guard duty for purposes of sections 12602(a)(2) and
(b)(2) of title 10, United States Code.
SEC. 8062. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Uni-
fied and Specified Commands and Defense Agencies shall
be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against
appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intel-
ligence or counterintelligence support to Unified Com-
mands, Defense Agencies and Joint Intelligence Activities,
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including the activities and programs included within the
National Foreign Intelligence Program (NFIP), the Joint
Military Intelligence Program (JMIP), and the Tactical
Intelligence and Related Activities (TIARA) aggregate:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel
and training procedures.
SEC. 8063. During the current fiscal year, none of
the funds appropriated in this Act may be used to reduce
the civilian medical and medical support personnel as-
signed to military treatment facilities below the September
30, 1999 level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength
reductions may be consistent with responsible resource
stewardship and capitation-based budgeting.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8064. (a) None of the funds appropriated in this
Act may be transferred to or obligated from the Pentagon
Reservation Maintenance Revolving Fund, unless the Sec-
retary of Defense certifies that the total cost for the plan-
ning, design, construction and installation of equipment
for the renovation of the Pentagon Reservation will not
exceed $1,222,000,000.
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(b) The Secretary shall, in conjunction with the Pen-
tagon Renovation, design and construct secure secretarial
offices and support facilities and security-related changes
to the subway entrance at the Pentagon Reservation.
SEC. 8065. (a) None of the funds available to the
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel-
ligence 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. 8066. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal
buildings may, during their period of availability, be trans-
ferred 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 pe-
riod, as the appropriation or fund to which transferred.
SEC. 8067. None of the funds appropriated by this
Act may be used for the procurement of ball and roller
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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 certi-
fying in writing to the Committees on Appropriations of
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire ca-
pability for national security purposes.
SEC. 8068. Notwithstanding any other provision of
law, funds available to the Department of Defense shall
be made available to provide transportation of medical
supplies and equipment, on a nonreimbursable basis, to
American Samoa: Provided, That notwithstanding any
other provision of law, funds available to the Department
of Defense shall be made available to provide transpor-
tation of medical supplies and equipment, on a non-
reimbursable basis, to the Indian Health Service when it
is in conjunction with a civil-military project.
SEC. 8069. None of the funds in this Act may be
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire
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capability for national security purposes that is not avail-
able from United States manufacturers.
SEC. 8070. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eli-
gible to participate in any manufacturing extension pro-
gram financed by funds appropriated in this or any other
Act.
SEC. 8071. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
during the current fiscal year for construction or service
performed in whole or in part in a State (as defined in
section 381(d) of title 10, United States Code) which is
not contiguous with another State and has an unemploy-
ment rate in excess of the national average rate of unem-
ployment 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, indi-
viduals 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.
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SEC. 8072. During the current fiscal year, the Army
shall use the former George Air Force Base as the airhead
for the National Training Center at Fort Irwin: Provided,
That none of the funds in this Act shall be obligated or
expended to transport Army personnel into Edwards Air
Force Base for training rotations at the National Training
Center.
SEC. 8073. (a) The Secretary of Defense shall sub-
mit, on a quarterly basis, a report to the congressional
defense committees, the Committee on International Rela-
tions of the House of Representatives and the Committee
on Foreign Relations of the Senate setting forth all costs
(including incremental costs) incurred by the Department
of Defense during the preceding quarter in implementing
or supporting resolutions of the United Nations Security
Council, including any such resolution calling for inter-
national sanctions, international peacekeeping operations,
and humanitarian missions undertaken by the Depart-
ment of Defense. The quarterly report shall include an ag-
gregate of all such Department of Defense costs by oper-
ation or mission.
(b) The Secretary of Defense shall detail in the quar-
terly reports all efforts made to seek credit against past
United Nations expenditures and all efforts made to seek
compensation from the United Nations for costs incurred
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by the Department of Defense in implementing and sup-
porting United Nations activities.
SEC. 8074. (a) LIMITATION ON TRANSFER OF DE-
FENSE 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 de-
fense committees, the Committee on International Rela-
tions 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-en-
forcement 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:
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(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 equip-
ment or supplies—
(A) a statement of whether the inventory
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be trans-
ferred have been met; and
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to pro-
vide funds for such replacement.
SEC. 8075. 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
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(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 as-
sociated with a business combination.
SEC. 8078. (a) None of the funds appropriated or
otherwise made available in this Act may be used to trans-
port or provide for the transportation of chemical muni-
tions 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. 8079. 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. 8080. During the current fiscal year, no more
than $5,000,000 of appropriations made in this Act under
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the heading ‘‘Operation and Maintenance, Defense-Wide’’
may be transferred to appropriations available for the pay
of military personnel, to be merged with, and to be avail-
able 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 organi-
zations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8081. 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 ‘‘Ship-
building and Conversion, Navy’’ appropriations in any
prior year, and the 1 percent limitation shall apply to the
total amount of the appropriation.
SEC. 8082. 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 ex-
pired 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 obliga-
tion 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—
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(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 avail-
ability 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 obli-
gation is not chargeable to a current appropriation
of the Department of Defense under the provisions
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall
be reversed and recorded against the expired ac-
count: Provided further, That the total amount
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent
of the total appropriation for that account.
(TRANSFER OF FUNDS)
SEC. 8083. Upon enactment of this Act, the Sec-
retary of Defense shall make the following transfers of
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funds: Provided, That the amounts transferred shall be
available for the same purposes as the appropriations to
which transferred, and for the same time period as the
appropriation from which transferred: Provided further,
That the amounts shall be transferred between the fol-
lowing appropriations in the amount specified:
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1988/2001’’:
SSN–688 attack submarine program,
$6,585,000;
CG–47 cruiser program, $12,100,000;
Aircraft carrier service life extension
program, $202,000;
LHD–1 amphibious assault ship pro-
gram, $2,311,000;
LSD–41 cargo variant ship program,
$566,000;
T–AO
fleet
oiler
program,
$3,494,000;
AO conversion program, $133,000;
Craft, outfitting, and post delivery,
$1,688,000;
To:
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Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1995/2001’’:
DDG–51
destroyer
program,
$27,079,000;
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1989/2000’’:
DDG–51
destroyer
program,
$13,200,000;
Aircraft carrier service life extension
program, $186,000;
LHD–1 amphibious assault ship pro-
gram, $3,621,000;
LCAC landing craft, air cushioned
program, $1,313,000;
T–AO fleet oiler program, $258,000;
AOE combat support ship program,
$1,078,000;
AO conversion program, $881,000;
T–AGOS drug interdiction conversion,
$407,000;
Outfitting
and
post
delivery,
$219,000;
To:
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Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1996/2000’’:
LPD–17 amphibious transport dock
ship, $21,163,000;
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1990/2002’’:
SSN–688 attack submarine program,
$5,606,000;
DDG–51
destroyer
program,
$6,000,000;
ENTERPRISE
refueling/moderniza-
tion program, $2,306,000;
LHD–1 amphibious assault ship pro-
gram, $183,000;
LSD–41 dock landing ship cargo vari-
ant program, $501,000;
LCAC landing craft, air cushioned
program, $345,000;
MCM mine countermeasures program,
$1,369,000;
Moored training ship demonstration
program, $1,906,000;
Oceanographic
ship
program,
$1,296,000;
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AOE combat support ship program,
$4,086,000;
AO conversion program, $143,000;
Craft, outfitting, post delivery, and
ship
special
support
equipment,
$1,209,000;
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1990/2002’’:
T–AGOS surveillance ship program,
$5,000,000;
Coast
Guard
icebreaker
program,
$8,153,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1996/2002’’:
LPD–17 amphibious transport dock
ship, $7,192,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1998/2002’’:
CVN refuelings, $4,605,000;
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1991/2001’’:
SSN–21(AP) attack submarine pro-
gram, $1,614,000;
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LHD–1 amphibious assault ship pro-
gram, $5,647,000;
LSD–41 dock landing ship cargo vari-
ant program, $1,389,000;
LCAC landing craft, air cushioned
program, $330,000;
AOE combat support ship program,
$1,435,000;
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1998/2001’’:
CVN refuelings, $10,415,000;
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1992/2001’’:
SSN–21 attack submarine program,
$11,983,000;
Craft, outfitting, post delivery, and
DBOF transfer, $836,000;
Escalation, $5,378,000;
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1998/2001’’:
CVN refuelings, $18,197,000;
From:
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Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1993/2002’’:
Carrier replacement program (AP),
$30,332,000;
LSD–41 cargo variant ship program,
$676,000;
AOE combat support ship program,
$2,066,000;
Craft, outfitting, post delivery, and
first destination transportation, and infla-
tion adjustments, $2,127,000;
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1998/2002’’:
CVN refuelings, $29,844,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1999/2002’’:
Craft, outfitting, post delivery, conver-
sions, and first destination transportation,
$5,357,000;
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1994/2003’’:
LHD–1 amphibious assault ship pro-
gram, $23,900,000;
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Oceanographic ship program, $9,000;
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1994/2003’’:
DDG–51
destroyer
program,
$18,349,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1995/1999’’:
DDG–51
destroyer
program,
$5,383,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1996/2000’’:
LPD–17 amphibious transport dock
ship, $168,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1999/2003’’:
Craft, outfitting, post delivery, conver-
sions, and first destination transportation,
$9,000;
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1996/2000’’:
SSN–21 attack submarine program,
$10,100,000;
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LHD–1 amphibious assault ship pro-
gram, $7,100,000;
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1996/2000’’:
DDG–51
destroyer
program,
$3,723,000;
LPD–17 amphibious transport dock
ship, $13,477,000;
From:
Under
the
heading,
‘‘National
Defense
Sealift Fund, 1996’’:
Defense features, $30,000,000;
Under
the
heading,
‘‘National
Defense
Sealift Fund, 1999’’:
Research, development, test and eval-
uation, $8,000,000;
To:
Under
the
heading,
‘‘National
Defense
Sealift Fund, 1997’’:
Maritime
pre-positioning
force
en-
hancement, $38,000,000.
SEC. 8084. The Under Secretary of Defense (Comp-
troller) shall submit to the congressional defense commit-
tees by February 1, 2000, a detailed report identifying,
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by amount and by separate budget activity, activity group,
subactivity group, line item, program element, program,
project, subproject, and activity, any activity for which the
fiscal year 2001 budget request was reduced because Con-
gress appropriated funds above the President’s budget re-
quest for that specific activity for fiscal year 2000.
SEC. 8085. 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 ad-
ministration costs includes all in-house Government cost.
SEC. 8086. The Secretary of Defense may waive re-
imbursement 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 de-
termines that attendance by such personnel, without reim-
bursement, is in the national security interest of the
United States: Provided, That costs for which reimburse-
ment is waived pursuant to this subsection shall be paid
from appropriations available for the Asia-Pacific Center.
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SEC. 8087. (a) Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance
Learning Project by any person or entity on a space-avail-
able, 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 Dis-
tance 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. 8088. 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 Repub-
lic
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 mu-
nicipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat
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may be obtained from private, regional or municipal serv-
ices, if provisions are included for the consideration of
United States coal as an energy source.
SEC. 8089. 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 oper-
ation of the military department or defense agency with
which the invoice or contract payment is associated.
SEC. 8090. None of the funds appropriated in title
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational
use or inventory requirements: Provided, That this restric-
tion 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 Represent-
atives and the Senate that it is in the national security
interest to do so.
(RESCISSIONS)
SEC. 8091. Of the funds provided in the Department
of Defense Appropriations Act, 1999 (Public Law 105–
262), $452,100,000, to reflect savings from revised eco-
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nomic assumptions, is hereby rescinded as of the date of
enactment of this Act, or October 1, 1999, whichever is
later,
from
the
following
accounts
in
the
specified
amounts:
‘‘Aircraft Procurement, Army’’, $8,000,000;
‘‘Missile Procurement, Army’’, $7,000,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army’’, $9,000,000;
‘‘Procurement
of
Ammunition,
Army’’,
$6,000,000;
‘‘Other Procurement, Army’’, $19,000,000;
‘‘Aircraft Procurement, Navy’’, $44,000,000;
‘‘Weapons Procurement, Navy’’, $8,000,000;
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps’’, $3,000,000;
‘‘Shipbuilding
and
Conversion,
Navy’’,
$37,000,000;
‘‘Other Procurement, Navy’’, $23,000,000;
‘‘Procurement, Marine Corps’’, $5,000,000;
‘‘Aircraft
Procurement,
Air
Force’’,
$46,000,000;
‘‘Missile
Procurement,
Air
Force’’,
$14,000,000;
‘‘Procurement
of
Ammunition,
Air
Force’’,
$2,000,000;
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‘‘Other Procurement, Air Force’’, $44,400,000;
‘‘Procurement, Defense-Wide’’, $5,200,000;
‘‘Chemical Agents and Munitions Destruction,
Army’’, $5,000,000;
‘‘Research, Development, Test and Evaluation,
Army’’, $20,000,000;
‘‘Research, Development, Test and Evaluation,
Navy’’, $40,900,000;
‘‘Research, Development, Test and Evaluation,
Air Force’’, $76,900,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $28,700,000:
Provided, That these reductions shall be applied propor-
tionally to each budget activity, activity group and sub-
activity group and each program, project, and activity
within each appropriation account.
SEC. 8092. The budget of the President for fiscal
year 2001 submitted to Congress pursuant to section 1105
of title 31, United States Code, and each annual budget
request thereafter, shall include budget activity groups
(known as ‘‘subactivities’’) in all appropriations accounts
provided in this Act, as may be necessary, to separately
identify all costs incurred by the Department of Defense
to support the North Atlantic Treaty Organization and all
Partnership For Peace programs and initiatives. The
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budget justification materials submitted to Congress in
support of the budget of the Department of Defense for
fiscal year 2001, and subsequent fiscal years, shall provide
complete, detailed estimates for all such costs.
SEC. 8093. 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. 8094. (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 coun-
try.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on
or after the date of the enactment of this Act; and
(2) options for the procurement of items that
are exercised after such date under contracts that
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are entered into before such date if the option prices
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, 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. 8095. Funds made available to the Civil Air Pa-
trol 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, in-
cluding its demand reduction program involving youth
programs, as well as operational and training drug recon-
naissance missions for Federal, State and local govern-
ment agencies; for administrative costs, including the hir-
ing of Civil Air Patrol Corporation employees; for travel
and per diem expenses of Civil Air Patrol Corporation per-
sonnel in support of those missions; and for equipment
needed for mission support or performance: Provided,
That of these funds, $300,000 shall be made available to
establish and operate a distance learning program: Pro-
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vided further, That the Department of the Air Force
should waive reimbursement from the Federal, State and
local government agencies for the use of these funds.
SEC. 8096. Notwithstanding any other provision of
law, the TRICARE managed care support contracts in ef-
fect, or in final stages of acquisition as of September 30,
1999, may be extended for two years: Provided, That any
such extension may only take place if the Secretary of De-
fense determines that it is in the best interest of the Gov-
ernment: 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 con-
tractor and the Government: Provided further, That not-
withstanding any other provision of law, all future
TRICARE managed care support contracts replacing con-
tracts in effect, or in the final stages of acquisition as of
September 30, 1999, may include a base contract period
for transition and up to seven one-year option periods.
SEC. 8097. None of the funds in this Act may be
used to compensate an employee of the Department of De-
fense who initiates a new start program without notifica-
tion to the Office of the Secretary of Defense, the Office
of Management and Budget, and the congressional de-
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fense committees, as required by Department of Defense
financial management regulations.
SEC. 8098. section 8118 of the Department of De-
fense Appropriations Act, 1999 (Public Law 105–262;
112 Stat. 2331; 10 U.S.C. 2241 note) is amended by
striking ‘‘convicted’’ and inserting ‘‘debarred by the De-
partment of Defense based upon a conviction’’.
SEC. 8099. In addition to the amounts provided else-
where in this Act, notwithstanding any other provision of
law, $5,000,000 is hereby appropriated to the Office of
the Secretary of Defense, and is available only for a grant
to the Women in Military Service for America Memorial
Foundation, Inc., only for costs associated with completion
of the ‘‘Women in Military Service For America’’ memo-
rial at Arlington National Cemetery.
TRAINING AND OTHER PROGRAMS
SEC. 8100. (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 re-
ceived 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 con-
sultation with the Secretary of State, shall ensure that
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prior to a decision to conduct any training program re-
ferred 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 secu-
rity forces.
(c) WAIVER.—The Secretary of Defense, after con-
sultation with the Secretary of State, may waive the prohi-
bition in subsection (a) if he determines that such waiver
is required by extraordinary circumstances.
SEC. 8101. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $171,000,000 to reflect savings from favor-
able foreign currency fluctuations, to be distributed as fol-
lows:
‘‘Military Personnel, Army’’, $19,100,000;
‘‘Military Personnel, Navy’’, $2,200,000;
‘‘Military Personnel, Air Force’’, $9,900,000;
‘‘Operation
and
Maintenance,
Army’’,
$80,700,000;
‘‘Operation
and
Maintenance,
Navy’’,
$13,700,000;
‘‘Operation
and
Maintenance,
Air
Force,’’
$26,900,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$8,700,000; and
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‘‘Defense Health Program’’, $9,800,000.
SEC. 8102. Notwithstanding any other provision of
law, the Secretary of Defense may retain all or a portion
of the family housing at Fort Buchanan, Puerto Rico, as
the Secretary deems necessary to meet military family
housing needs arising out of the relocation of elements of
the United States Army South to Fort Buchanan.
U.S. ARMY NATIONAL TRAINING CENTER ACCESS AND
TRAINING ENHANCEMENTS
SEC. 8103. From within amounts made available in
title II of this Act, under the heading ‘‘Operation and
Maintenance, Army’’, and notwithstanding any other pro-
vision of law, $12,500,000 shall be available only for re-
pairs and safety improvements to the segment of Fort
Irwin Road which extends from Interstate 15 northeast
toward the boundary of Fort Irwin, California and the
originating intersection of Irwin Road: Provided, That
these funds shall remain available until expended: Pro-
vided further, That the authorized scope of work includes,
but is not limited to, environmental documentation and
mitigation, engineering and design, improving safety, re-
surfacing, widening lanes, and replacing signs and pave-
ment markings: Provided further, That these funds may
be used for advances to the Federal Highway Administra-
tion, Department of Transportation, for the authorized
scope of work.
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SEC. 8104. Funds appropriated to the Department
of the Navy in title II of this Act may be available to re-
place lost and canceled Treasury checks issued to Trans
World Airlines in the total amount of $255,333.24 for
which timely claims were filed and for which detailed sup-
porting records no longer exist.
SEC. 8105. Notwithstanding any other provision of
law, section 112 of Public Law 105–261 shall apply only
to phase III of the Army’s second source acquisition strat-
egy for medium tactical vehicles.
SEC. 8106. 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 are manu-
factured 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 acquisi-
tion must be made in order to acquire capability for na-
tional security purposes or there exists a significant cost
or quality difference.
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SEC. 8107. From within amounts made available in
title II of this Act under the heading ‘‘Operation and
Maintenance, Defense-Wide’’, and notwithstanding any
other provision of law, $2,500,000 shall be available only
for a grant for ‘‘America’s Promise—The Alliance for
Youth, Inc.’’, only to support, on a dollar-for-dollar match-
ing basis with non-departmental funds, efforts to mobilize
individuals,
groups
and
organizations
to
build
and
strengthen the character and competence of the Nation’s
youth.
SEC. 8108. Of the funds made available in this Act,
not less than $47,100,000 shall be available to maintain
an attrition reserve force of 23 B–52 aircraft, of which
$3,000,000 shall be available from ‘‘Military Personnel,
Air Force’’, $34,500,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’, and $9,600,000 shall
be available from ‘‘Aircraft Procurement, Air Force’’: Pro-
vided, That the Secretary of the Air Force shall maintain
a total force of 94 B–52 aircraft, including 23 attrition
reserve aircraft, during fiscal year 2000: Provided further,
That the Secretary of Defense shall include in the Air
Force budget request for fiscal year 2001 amounts suffi-
cient to maintain a B–52 force totaling 94 aircraft.
SEC. 8109. Notwithstanding any other provision in
this Act, the total amount appropriated in title II is hereby
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reduced by $100,000,000 to reflect savings resulting from
reviews of Department of Defense missions and functions
conducted pursuant to Office of Management and Budget
Circular A–76, to be distributed as follows:
‘‘Operation
and
Maintenance,
Army’’,
$34,300,000;
‘‘Operation
and
Maintenance,
Navy’’,
$22,800,000;
‘‘Operation and Maintenance, Marine Corps’’,
$1,400,000; and
‘‘Operation
and
Maintenance,
Air
Force’’,
$41,500,000:
Provided, That none of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended for the purpose of contracting out functions di-
rectly related to the award of Department of Defense con-
tracts, oversight of contractors with the Department of
Defense, or the payment of such contractors including, but
not limited to: contracting technical officers, contact ad-
ministration officers, accounting and finance officers, and
budget officers.
SEC. 8110. (a) REPORT ON OMB CIRCULAR A–76
REVIEWS OF WORK PERFORMED BY DOD EMPLOYEES.—
The Secretary of Defense shall submit a report not later
than 90 days after the enactment of this Act which lists
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all instances since 1995 in which missions or functions
of the Department of Defense have been reviewed by the
Department of Defense pursuant to OMB Circular A–76.
The report shall list the disposition of each such review
and indicate whether the review resulted in the perform-
ance of such missions or functions by Department of De-
fense civilian and military personnel, or whether such re-
views resulted in performance by contractors. The report
shall include a description of the types of missions or func-
tions, the locations where the missions or functions are
performed, the name of the contractor performing the
work (if applicable), the cost to perform the missions or
functions at the time the review was conducted, and the
current cost to perform the missions or functions.
(b) REPORT ON OMB CIRCULAR A–76 REVIEWS OF
WORK PERFORMED BY DOD CONTRACTORS.—The report
shall also identify those instances in which work performed
by a contractor has been converted to performance by ci-
vilian or military employees of the Department of Defense.
For each instance of contracting in, the report shall in-
clude a description of the types of work, the locations
where the work was performed, the name of the contractor
that was performing the work, the cost of contractor per-
formance at the time the work was contracted in, and the
current cost of performance by civilian or military employ-
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ees of the Department of Defense. In addition, the report
shall include recommendations for maximizing the possi-
bility of effective public-private competition for work that
has been contracted out.
(c) COMPTROLLER GENERAL REVIEW.—Not later
than 90 days after the date on which the Secretary sub-
mits the annual report, the Comptroller General shall sub-
mit to the House and Senate Committees on Appropria-
tions the Comptroller General’s views on whether the De-
partment has complied with the requirements for the re-
port.
SEC. 8111. The budget of the President for fiscal
year 2001 submitted to Congress pursuant to section 1105
of title 31, United States Code, and each annual budget
request thereafter, shall include separate budget justifica-
tion documents for costs of United States armed forces’
participation in contingency operations for the Military
Personnel accounts, the Procurement accounts, and the
Overseas Contingency Operations Transfer Fund: Pro-
vided, That these budget justification documents shall in-
clude a description of the funding requested for each an-
ticipated 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 ele-
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ment of expense or object class, a reconciliation of in-
creases and decreases for ongoing contingency operations,
and programmatic data including, but not limited to troop
strength for each active duty and Guard and Reserve com-
ponent, and estimates of the major weapons systems de-
ployed in support of each contingency.
SEC. 8112. In addition to amounts otherwise appro-
priated or made available by this Act, $20,000,000 is ap-
propriated to the Army National Guard and shall be avail-
able only for the purpose of the procurement or lease of
fire-fighting aircraft or systems.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8113. In addition to amounts appropriated or
otherwise made available in this Act, $50,000,000 is here-
by appropriated, only to initiate and expand activities of
the Department of Defense to prevent, prepare for, and
respond to a terrorist attack in the United States involving
weapons of mass destruction: Provided, That funds made
available under this section shall be transferred to the fol-
lowing accounts:
‘‘Reserve Personnel, Army’’, $2,000,000;
‘‘National
Guard
Personnel,
Army’’,
$4,310,000;
‘‘National
Guard
Personnel,
Air
Force’’,
$1,080,000;
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‘‘Operation
and
Maintenance,
Army’’,
$12,110,000;
‘‘Operation and Maintenance, Army National
Guard’’, $12,320,000;
‘‘Other Procurement, Army’’, $12,180,000; and
‘‘Research, Development, Test and Evaluation,
Army’’, $6,000,000:
Provided further, That funds transferred pursuant to this
section shall be merged with and be available for the same
purposes and for the same time period as the appropria-
tion to which transferred: Provided further, That the
transfer authority provided in this section is in addition
to any other transfer authority available to the Depart-
ment of Defense: Provided further, That of the funds
transferred to ‘‘Operation and Maintenance, Army Na-
tional Guard’’, not less than $3,000,000 shall be made
available only to establish cost effective counter-terrorism
training of first responders and concurrent testing of re-
sponse apparatus and equipment at the Memorial Tunnel
Facility as part of the WMD Study under the WMD Task
Force: Provided further, That of the funds transferred to
‘‘Operation and Maintenance, Army National Guard’’, not
less than $2,000,000 shall be made available only to sup-
port development of a structured undergraduate research
program designed to produce graduates with specialized
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laboratory training and scientific skills required by mili-
tary and industrial laboratories engaged in combating the
threat of biological and chemical terrorism: Provided fur-
ther, That of the funds transferred to ‘‘Operation and
Maintenance, Army National Guard’’, not less than
$3,500,000 shall be made available only to enhance dis-
tance learning technologies and develop related courseware
to provide training for counter-terrorism and related con-
cerns: Provided further, That of the funds transferred to
‘‘Research, Development, Test and Evaluation, Army’’,
not less than $3,000,000 shall be made available only to
continue development and presentation of advanced dis-
tributed
learning
consequence
management
response
courses and conventional courses.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8114. In addition to the amounts made available
elsewhere in this Act, $150,000,000, to remain available
until expended, is hereby appropriated to ‘‘Operation and
Maintenance, Defense-Wide’’, only for information assur-
ance programs, to include protection from non-authorized
access to information technology systems and computer
systems, and for related infrastructure expenses: Provided,
That funds under this heading may only be obligated after
the approval of the Deputy Secretary of Defense: Provided
further, That none of the funds provided by this provision
may be obligated or transferred to other appropriations
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accounts until fifteen days after the Deputy Secretary of
Defense has submitted to the House and Senate Commit-
tees on Appropriations a proposed funding allocation and
a plan for the Department of Defense to achieve informa-
tion superiority and information assurance: Provided fur-
ther, That the Deputy Secretary of Defense shall provide
written notification to the House and Senate Committees
on Appropriations prior to the transfer of any amount in
excess of $10,000,000 to a specific program or project:
Provided further, That funds made available under this
heading may be transferred only to operation and mainte-
nance
accounts,
procurement
accounts,
the
Defense
Health Program appropriation, and research, develop-
ment, test and evaluation accounts: Provided further, That
the funds transferred shall be merged with and shall be
available for the same purposes and for the same time pe-
riod as the appropriation to which transferred: Provided
further, That the transfer authority provided in this sec-
tion shall be in addition to the transfer authority provided
to the Department of Defense in this Act or any other
Act.
SEC. 8115. (a) The Secretary of Defense shall, along
with submission of the fiscal year 2001 budget request for
the Department of Defense, submit to the congressional
defense committees a report, in both unclassified and clas-
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sified versions, which contains an assessment of the ad-
vantages or disadvantages of deploying a ground-based
National Missile Defense system at more than one site.
(b) This report shall include, but not be limited to,
an assessment of the following issues:
(1) The ability of a single site, versus multiple
sites, to counter the expected ballistic missile threat;
(2) The optimum basing locations for a single
and multiple site National Missile Defense system;
(3) The survivability and redundancy of poten-
tial National Missile Defense systems under a single
or multiple site architecture;
(4) The estimated costs (including development,
construction and infrastructure, and procurement of
equipment) associated with different site deployment
options; and
(5) Other issues bearing on deploying a Na-
tional Missile Defense system at one or more sites.
SEC. 8116. The Secretary of the Navy and the Sec-
retary of the Air Force each shall submit a report to the
congressional defense committees within 90 days of enact-
ment of this Act in both classified and unclassified form
which shall provide a detailed description of the dedicated
aggressor squadrons used to conduct combat flight train-
ing for the Navy, Marine Corps and Air Force covering
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the period from fiscal year 1990 through the present. For
each year of the specified time period, each report shall
provide a detailed description of the following: the assets
which comprise dedicated aggressor squadrons including
both aircrews, and the types and models of aircraft as-
signed to these squadrons; the number of training sorties
for all forms of combat flight training which require ag-
gressor aircraft, and the number of sorties that the dedi-
cated aggressor squadrons can generate to meet these re-
quirements; the ratio of the total inventory of attack and
fighter aircraft to the number of aircraft available for
dedicated aggressor squadrons; a comparison of the per-
formance characteristics of the aircraft assigned to dedi-
cated aggressor squadrons compared to the performance
characteristics of the aircraft they are intended to rep-
resent in training scenarios; an assessment of pilot pro-
ficiency by year from 1986 to the present; Service rec-
ommendations to enhance aggressor squadron proficiency
to include number of dedicated aircraft, equipment, facili-
ties, and personnel; and a plan that proposes improve-
ments in dissimilar aircraft air combat training.
SEC. 8117. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended
for the purpose of performing repairs or maintenance to
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military family housing units of the Department of De-
fense, including areas in such military family housing
units that may be used for the purpose of conducting offi-
cial Department of Defense business: Provided, That the
Department of Defense Office of the Inspector General
shall provide a report to the House and Senate Commit-
tees on Appropriations not later than 60 days after the
enactment of this Act which assesses the compliance of
each of the military services with applicable appropriations
law, Office of Management and Budget circulars, and Un-
dersecretary of Defense (Comptroller) directives which
govern funding for maintenance and repairs to flag officer
quarters: Provided further, That this report shall include
an assessment as to whether there have been violations
of the Anti-Deficiency Act resulting from instances of im-
proper funding of such maintenance and repair projects.
SEC. 8118. 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 thirty 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 Sec-
retary of Defense may waive this restriction on a case-
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by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so: Pro-
vided further, That none of the funds appropriated under
the heading ‘‘Research, Development, Test and Evalua-
tion, Defense-Wide’’ in the Department of Defense Appro-
priations Act, 1999 (Public Law 105–262) are available
for the Line of Sight Anti-Tank Program: Provided fur-
ther, That of the funds appropriated under the heading
‘‘Research, Development, Test and Evaluation, Defense-
Wide’’ in Public Law 105–262, $10,027,000 shall be
available only for the Air Directed Surface to Air Missile.
SEC. 8119. Notwithstanding any other provision of
law, none of the funds appropriated or otherwise made
available by this Act may be used for concept development,
pre-engineering management and development, engineer-
ing management and development, risk reduction, pro-
gram office operations, travel of Department of Defense
personnel, or contributions to international cooperative ef-
forts for the Medium Extended Air Defense System, or
successor systems: Provided, That none of the funds ap-
propriated under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ in the Department
of Defense Appropriations Act, 1999 (Public Law 105–
262) are available for the Medium Extended Air Defense
System or successor systems.
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SEC. 8120. None of the funds in this Act may be
used to conduct a Defense Acquisition Board oversight re-
view of a major weapon system acquisition unless the
Commander-in-Chief of the United States Atlantic Com-
mand is a fully participating member of the Board which
is conducting the review: Provided, That none of the funds
in this Act may be used for the Defense Acquisition Board
to approve a major weapon system acquisition to proceed
into a subsequent phase of development or production un-
less the Commander-in-Chief of the United States Atlantic
Command certifies to the congressional defense commit-
tees that the acquisition fully meets joint service interoper-
ability requirements as determined by the theater Com-
manders-in-Chief: Provided further, That no additional
funds or personnel beyond those contained in the fiscal
year 2000 President’s budget for ongoing United States
Atlantic Command activities are available to support par-
ticipation by the Commander-in-Chief of the United States
Atlantic Command in Defense Acquisition Board weapon
system reviews.
SEC. 8121. Of the funds appropriated in title II of
this Act under the heading ‘‘Operation and Maintenance,
Army’’, $250,000 shall be available only for a grant to
the Nebraska Game and Parks Commission for the pur-
pose of locating, identifying the boundaries of, acquiring,
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preserving, and memorializing the cemetery site that is lo-
cated in close proximity to Fort Atkinson, Nebraska. The
Secretary of the Army shall require as a condition of such
grant that the Nebraska Game and Parks Commission,
in carrying out the purposes of which the grant is made,
work in conjunction with the Nebraska State Historical
Society. The grant under this section shall be made with-
out regard to section 1301 of title 31, United States Code,
or any other provision of law.
SEC. 8122. Notwithstanding any other provision of
law, for the purpose of establishing all Department of De-
fense policies governing the provision of care provided by
and financed under the military health care system, 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.
SEC. 8123. During the current fiscal year—
(1) refunds attributable to the use of the Gov-
ernment travel card and refunds attributable to offi-
cial Government travel arranged by Government
Contracted Travel Management Centers may be
credited to operation and maintenance accounts of
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the Department of Defense which are current when
the refunds are received; and
(2) refunds attributable to the use of the Gov-
ernment 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 re-
ceived and that are available for the same purposes
as the accounts originally charged.
SEC. 8124. During the current fiscal year and here-
after, any Federal grant of funds to an institution of high-
er education to be available solely for student financial as-
sistance or related administrative costs may be used for
the purpose for which the grant is made without regard
to any provision to the contrary in section 514 of the De-
partments of Labor, Health and Human Services, Edu-
cation, and Related Agencies Appropriations Act, 1997
(10 U.S.C. 503 note), or section 983 of title 10, United
States Code.
INFORMATION TECHNOLOGY SYSTEMS
SEC. 8125. (a) REGISTERING WITH DOD CHIEF IN-
FORMATION OFFICER.—After March 31, 2000, none of
the funds appropriated in this Act may be used for an
information technology system that is not registered with
the Chief Information Officer of the Department of De-
fense. A system shall be considered to be registered with
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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.
(b)
MILESTONE
CERTIFICATIONS
TO
CONGRES-
SIONAL COMMITTEES.—An information technology system
may not receive Milestone I approval, Milestone II ap-
proval, or Milestone III approval until the Chief Informa-
tion Officer of the Department of Defense provides to the
congressional defense committees written certification,
with respect to that milestone, that the system is being
developed in accordance with the sections 5122 and 5123
of the Clinger-Cohen Act of 1996 (40 U.S.C. 1422 and
1423). The Chief Information Officer shall include with
any such certification a report providing, at a minimum,
the funding baseline and milestone schedule for the system
and confirmation that the following steps have been taken
with respect to the system:
(1) Business process reengineering.
(2) An analysis of alternatives.
(3) An economic analysis that includes a cal-
culation of the return on investment.
(4) Performance measures.
(5) Effective information security measure.
(c) DEFINITIONS.—For purposes of this section:
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(1)
The
term
‘‘Chief
Information
Officer’’
means the senior official of the Department of De-
fense designated by the Secretary of Defense pursu-
ant to section 3506 of title 44, United States Code.
(2) The term ‘‘information technology’’ has the
meaning given that term in section 5002 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401), but
does not include a national security system.
(3) The term ‘‘national security system’’ has
the meaning given that term in section 5142 of such
Act (40 U.S.C. 1452).
SEC. 8126. 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 Depart-
ment 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 De-
partment 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 author-
ity: 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
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House of Representatives and the Senate that it is in the
national security interest to do so.
SEC. 8127. (a) RECOVERY OF CERTAIN DOD ADMIN-
ISTRATIVE EXPENSES IN CONNECTION WITH FOREIGN
MILITARY SALES PROGRAM.—Charges for administrative
services calculated under section 21(e) of the Arms Export
Control Act (22 U.S.C. 2761(e)) in connection with the
sale of defense articles or defense services shall (notwith-
standing paragraph (3) of section 43(b) of such Act (22
U.S.C. 2792(b)) include recovery of administrative ex-
penses incurred by the Department of Defense during fis-
cal year 2000 that are attributable to (1) salaries of mem-
bers of the Armed Forces, and (2) unfunded estimated
costs of civilian retirement and other benefits.
(b) REIMBURSEMENT
OF APPLICABLE MILITARY
PERSONNEL ACCOUNTS.—During the current fiscal year,
amounts in the Foreign Military Sales Trust Fund shall
be available in an amount not to exceed $63,000,000 to
reimburse the applicable military personnel accounts in
title I of this Act for the value of administrative expenses
referred in subsection (a)(1).
(c) REDUCTIONS TO REFLECT AMOUNTS EXPECTED
TO BE RECOVERED.—(1) The amounts in title I of this
Act are hereby reduced by an aggregate of $63,000,000
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(such amount being the amount expected to be recovered
by reason of subsection (a)(1)).
(2) The amounts in title II of this Act are hereby
reduced by an aggregate of $31,000,000 (such amount
being that amount expected to be recovered by reason of
subsection (a)(2)).
SEC. 8128. (a) The Communications Act of 1934 is
amended in section 337(b) (47 U.S.C. 337(b)), by deleting
paragraph (2). Upon enactment of this provision, the FCC
shall initiate the competitive bidding process in fiscal year
1999 and shall conduct the competitive bidding in a man-
ner that ensures that all proceeds of such bidding are de-
posited in accordance with section 309(j)(8) of the Act not
later than September 30, 2000. To expedite the assign-
ment by competitive bidding of the frequencies identified
in section 337(a)(2) of the Act, the rules governing such
frequencies shall be effective immediately upon publication
in the Federal Register, notwithstanding 5 U.S.C. 553(d),
801(a)(3), 804(2), and 806(a). Chapter 6 of such title,
15 U.S.C. 632, and 44 U.S.C. 3507 and 3512, shall not
apply to the rules and competitive bidding procedures gov-
erning such frequencies. Notwithstanding section 309(b)
of the Act, no application for an instrument of authoriza-
tion for such frequencies shall be granted by the Commis-
sion earlier than 7 days following issuance of public notice
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by the Commission of the acceptance for filing of such ap-
plication or of any substantial amendment thereto. Not-
withstanding section 309(d)(1) of such Act, the Commis-
sion may specify a period (no less than 5 days following
issuance of such public notice) for the filing of petitions
to deny any application for an instrument of authorization
for such frequencies.
(b)(1) Not later than 15 days after the date of the
enactment of this Act, the Director of the Office of Man-
agement and Budget and the Federal Communications
Commission shall each submit to the appropriate congres-
sional committees a report which shall—
(A) set forth the anticipated schedule (including
specific dates) for—
(i) preparing and conducting the competi-
tive bidding process required by subsection (a);
and
(ii) depositing the receipts of the competi-
tive bidding process;
(B) set forth each signficant milestone in the
rulemaking process with respect to the competitive
bidding process;
(C) include an explanation of the effect of each
requirement in subsection (a) on the schedule for the
competitive bidding process and any post-bidding ac-
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tivities (including the deposit of receipts) when com-
pared with the schedule for the competitive bidding
and any post-bidding activities (including the deposit
of receipts) that would otherwise have occurred
under section 337(b)(2) of the Communications Act
of 1934 (47 U.S.C. 337(b)(2)) if not for the enact-
ment of subsection (a);
(D) set forth for each spectrum auction held by
the Federal Communications Commission since 1993
information on—
(i) the time required for each stage of
preparation for the auction;
(ii) the date of the commencement and of
the completion of the auction;
(iii) the time which elapsed between the
date of the completion of the auction and the
date of the first deposit of receipts from the
auction in the Treasury; and
(iv) the dates of all subsequent deposits of
receipts from the auction in the Treasury; and
(E) include an assessment of how the stages of
the competitive bidding process required by sub-
section (a), including preparation, commencement
and completion, and deposit of receipts, will differ
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from similar stages in the auctions referred to in
subparagraph (D).
(2) Not later than October 5, 2000, the Director of
the Office of Management and Budget and the Federal
Communications Commission shall each submit to the ap-
propriate
congressional
committees
the
report
which
shall—
(A) describe the course of the competitive bid-
ding process required by subsection (a) through Sep-
tember 30, 2000, including the amount of any re-
ceipts from the competitive bidding process depos-
ited in the Treasury as of September 30, 2000; and
(B) if the course of the competitive bidding
process has included any deviations from the sched-
ule set forth under paragraph (1)(A), an explanation
for such deviations from the schedule.
(3) The Federal Communications Commission may
not consult with the Director in the preparation and sub-
mittal of the reports required of the Commission by this
subsection.
(4) In this subsection, the term ‘‘appropriate congres-
sional committees’’ means the following:
(A) The Committees on Appropriations, the
Budget, and Commerce of the Senate.
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(B) The Committees on Appropriations, the
Budget, and Commerce of the House of Representa-
tives.
DEPARTMENT OF DEFENSE REPORT ON THE CONDUCT
OF OPERATION DESERT FOX AND OPERATION AL-
LIED FORCE
SEC. 8129. (a) REPORT REQUIRED.—Not later than
January 31, 2000, the Secretary of Defense shall submit
to the congressional defense committees in both classified
and unclassified form a report on the conduct of Operation
Desert Fox and Operation Allied Force (also referred to
as Operation Noble Anvil). The Secretary of Defense shall
submit to such committees a preliminary report on the
conduct of these operations not later than October 15,
1999. The report (including the preliminary report) should
be prepared in consultation with the Chairman of the
Joint Chiefs of Staff, the Commander in Chief of the
United States Central Command, and the Commander in
Chief of the United States European Command.
(b) REVIEW OF SUCCESSES AND DEFICIENCIES.—
The report should contain a thorough review of the suc-
cesses and deficiencies of these operations, with respect
to the following matters:
(1) United States military objectives in these
operations.
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(2) With respect to Operation Allied Force, the
military strategy of the North Atlantic Treaty Orga-
nization (NATO) to obtain said military objectives.
(3) The command structure for the execution of
Operation Allied Force.
(4) The process for identifying, nominating, se-
lecting, and verifying targets to be attacked during
Operation Desert Fox and Operation Allied Force.
(5) A comprehensive battle damage assessment
of targets prosecuted during the conduct of the air
campaigns in these operations, to include—
(A) fixed targets, both military and civil-
ian, to include bridges, roads, rail lines, air-
fields, power generating plants, broadcast facili-
ties, oil refining infrastructure, fuel and muni-
tions storage installations, industrial plants pro-
ducing military equipment, command and con-
trol nodes, civilian leadership bunkers and mili-
tary barracks;
(B) mobile military targets such as tanks,
armored
personnel
carriers,
artillery
pieces,
trucks, and air defense assets;
(C) with respect to Operation Desert Fox,
research and production facilities associated
with Iraq’s weapons of mass destruction and
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ballistic missile programs, and any military
units or organizations associated with such ac-
tivities within Iraq; and
(D) a discussion of decoy, deception and
counter-intelligence techniques employed by the
Iraqi and Serbian military.
(6) The use and performance of United States
military equipment, weapon systems, munitions, and
national and tactical reconnaissance and surveillance
assets (including items classified under special ac-
cess procedures) and an analysis of—
(A) any equipment or capabilities that
were in research and development and if avail-
able could have been used in these operations’
respective theater of operations;
(B) any equipment or capabilities that
were available and could have been used but
were not introduced into these operations’ re-
spective theater of operations; and
(C) any equipment or capabilities that
were introduced to these operations’ respective
theater of operations that could have been used
but were not.
(7) Command, control, communications and
operational security of NATO forces as a whole and
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United States forces separately during Operation Al-
lied Force, including the ability of United States air-
craft to operate with aircraft of other nations with-
out degradation of capabilities or protection of
United States forces.
(8) The deployment of United States forces and
supplies to the theater of operations, including an
assessment of airlift and sealift (to include a specific
assessment of the deployment of Task Force Hawk
during Operation Allied Force, to include detailed
explanations for the delay in initial deployment, the
suitability of equipment deployed compared to other
equipment in the U.S. inventory that was not de-
ployed, and a critique of the training provided to
operational personnel prior to and during the deploy-
ment).
(9) The use of electronic warfare assets, in par-
ticular an assessment of the adequacy of EA–6B air-
craft in terms of inventory, capabilities, deficiencies,
and ability to provide logistics support.
(10) The effectiveness of reserve component
forces including their use and performance in the
theater of operations.
(11) The contributions of United States (and
with respect to Operation Allied Force, NATO) in-
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telligence and counterintelligence systems and per-
sonnel, including an assessment of the targeting se-
lection and bomb damage assessment process.
(c) The report should also contain:
(1) An analysis of the transfer of operational
assets from other United States Unified Commands
to these operations’ theater of operations and the
impact on the readiness, warfighting capability and
deterrence value of those commands.
(2) An analysis of the implications of these op-
erations as regards the ability of United States
armed forces and intelligence capabilities to carry
out
the
current
national
security
strategy,
including—
(A) whether the Department of Defense
and its components, and the intelligence com-
munity and its components, have sufficient
force structure and manning as well as equip-
ment
(to
include
items
such
as
munitions
stocks) to deploy, prosecute and sustain oper-
ations in a second major theater of war as
called for under the current national security
strategy;
(B) which, if any aspects, of currently pro-
grammed manpower, operations, training and
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other readiness programs, and weapons and
other systems are found to be inadequate in
terms of supporting the national military strat-
egy; and
(C) what adjustments need to be made to
current defense planning and budgets, and spe-
cific programs to redress any deficiencies identi-
fied by this analysis.
SEC. 8130. None of the funds provided in this Act
may be used to transfer to any nongovernmental entity
ammunition held by the Department of Defense that has
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or
‘‘armor-piercing incendiary-tracer (API–T)’’.
SEC. 8131. None of the funds made available in this
Act may be used by the Armed Forces to participate in,
or to provide support for, any airshow or trade exhibition
held outside the United States.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 2000’’.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2000, for military func-
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tions 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 sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Army
on active duty (except members of reserve components pro-
vided 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 Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund;
$22,041,094,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional 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 pay-
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ments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), to section 229(b) of the So-
cial Security Act (42 U.S.C. 429(b)), and to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund;
$17,236,001,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve
provided for elsewhere); and for payments pursuant to sec-
tion 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; $6,562,336,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Air
Force on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets;
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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;
$17,873,759,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve 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 au-
thorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund; $2,278,696,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve 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 connec-
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tion 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; $1,450,788,000.
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 under-
going reserve training, or while performing drills or equiv-
alent 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 De-
partment 
of 
Defense 
Military 
Retirement 
Fund;
$410,650,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and
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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; $884,794,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Na-
tional 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 pay-
ments to the Department of Defense Military Retirement
Fund; $3,622,479,000.
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NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Na-
tional 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 under-
going 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;
$1,494,496,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Army, as authorized
by law; and not to exceed $10,624,000 can be used for
emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Army,
and payments may be made on his certificate of necessity
for confidential military purposes; $19,161,852,000 and,
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in addition, $50,000,000 shall be derived by transfer from
the National Defense Stockpile Transaction Fund: Pro-
vided, 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 Ma-
rine Corps, as authorized by law; and not to exceed
$5,155,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of
the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military pur-
poses; $22,841,510,000 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; $2,758,139,000.
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 au-
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thorized by law; and not to exceed $7,882,000 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 ne-
cessity for confidential military purposes; $20,760,429,000
and, in addition, $50,000,000 shall be derived by transfer
from the National Defense Stockpile Transaction Fund.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
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 de-
partments), as authorized by law; $11,537,333,000, of
which not to exceed $25,000,000 may be available for the
CINC initiative fund account; and of which not to exceed
$32,300,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of
the Secretary of Defense, and payments may be made on
his certificate of necessity for confidential military pur-
poses.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, orga-
nization, and administration, of the Army Reserve; repair
of facilities and equipment; hire of passenger motor vehi-
cles; travel and transportation; care of the dead; recruit-
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ing; procurement of services, supplies, and equipment; and
communications; $1,438,776,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, orga-
nization, and administration, of the Navy Reserve; repair
of facilities and equipment; hire of passenger motor vehi-
cles; travel and transportation; care of the dead; recruit-
ing; procurement of services, supplies, and equipment; and
communications; $946,478,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, orga-
nization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger
motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equip-
ment; and communications; $126,711,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, orga-
nization, and administration, of the Air Force Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
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cruiting; procurement of services, supplies, and equipment;
and communications; $1,760,591,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and
hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and
equipment (including aircraft); $3,156,378,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National
Guard, including medical and hospital treatment and re-
lated expenses in non-Federal hospitals; maintenance, op-
eration, repair, and other necessary expenses of facilities
for the training and administration of the Air National
Guard, including repair of facilities, maintenance, oper-
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ation, and modification of aircraft; transportation of
things, hire of passenger motor vehicles; supplies, mate-
rials, and equipment, as authorized by law for the Air Na-
tional 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 inspect-
ing units in compliance with National Guard Bureau reg-
ulations when specifically authorized by the Chief, Na-
tional Guard Bureau; $3,229,638,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contin-
gency Operations by United States military forces;
$2,087,600,000, to remain available until expended: Pro-
vided, That the Secretary of Defense may transfer these
funds only to operation and maintenance accounts, within
this title, the Defense Health Program appropriation, and
to working capital funds: Provided further, That the funds
transferred shall be merged with and shall be available for
the same purposes and for the same time period, as the ap-
propriation to which transferred: Provided further, That
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upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be trans-
ferred back to this appropriation: Provided further, That
the transfer authority provided in this paragraph is in ad-
dition to any other transfer authority contained elsewhere
in this Act.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
For salaries and expenses necessary for the United
States Court of Appeals for the Armed Forces; $7,621,000,
of which not to exceed $2,500 can be used for official rep-
resentation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $378,170,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe build-
ings 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 pe-
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riod 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 nec-
essary for the purposes provided herein, such amounts may
be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $284,000,000, to re-
main available until transferred: Provided, That the Sec-
retary 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 appro-
priation to other appropriations made available to the De-
partment of the Navy, to be merged with and to be avail-
able for the same purposes and for the same time period
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts may
be transferred back to this appropriation.
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ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $376,800,000,
to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of un-
safe 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 appro-
priation are not necessary for the purposes provided here-
in, such amounts may be transferred back to this appro-
priation.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $25,370,000, to re-
main available until transferred: Provided, That the Sec-
retary of Defense shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
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and debris of the Department of Defense, or for similar
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment 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 trans-
ferred back to this appropriation.
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $239,214,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe build-
ings and debris at sites formerly used by the Department
of Defense, transfer the funds made available by this ap-
propriation 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 pe-
riod as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the
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funds transferred from this appropriation are not nec-
essary 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 sec-
tions 401, 402, 404, 2547, and 2551 of title 10, United
States Code); $55,800,000, to remain available until Sep-
tember 30, 2001.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet
Union, including assistance provided by contract or by
grants, for facilitating the elimination and the safe and se-
cure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weap-
on-related technology and expertise; for programs relating
to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons,
weapons components and weapons technology and exper-
tise; $475,500,000, to remain available until September 30,
2002: Provided, That of the amounts provided under this
heading, $25,000,000 shall be available only to support the
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dismantling and disposal of nuclear submarines and sub-
marine reactor components in the Russian Far East.
PENTAGON RENOVATION TRANSFER FUND
For expenses, not otherwise provided for, resulting
from the Department of Defense renovation of the Pentagon
Reservation; $246,439,000, for the renovation of the Pen-
tagon Reservation, which shall remain available for obliga-
tion until September 30, 2001.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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;
$1,440,788,000, to remain available for obligation until
September 30, 2002.
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MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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;
$1,267,698,000, to remain available for obligation until
September 30, 2002.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For construction, procurement, production, and modi-
fication 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 in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement
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and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes;
$1,526,265,000, to remain available for obligation until
September 30, 2002.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modi-
fication 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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;
$1,145,566,000, to remain available for obligation until
September 30, 2002.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modi-
fication of vehicles, including tactical, support, and non-
tracked combat vehicles; the purchase of not to exceed 36
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passenger motor vehicles for replacement only; and the pur-
chase of 3 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $200,000 per vehicle; com-
munications and electronic equipment; other support equip-
ment; spare parts, ordnance, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including the land necessary there-
for, 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 in-
stallation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government
and contractor-owned equipment layaway; and other ex-
penses necessary for the foregoing purposes; $3,658,070,000,
to remain available for obligation until September 30,
2002.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and in-
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stallation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government
and contractor-owned equipment layaway; $8,608,684,000,
to remain available for obligation until September 30,
2002.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
$1,423,713,000, to remain available for obligation until
September 30, 2002.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For construction, procurement, production, and modi-
fication 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
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land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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;
$510,300,000, to remain available for obligation until Sep-
tember 30, 2002.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical,
long leadtime components and designs for vessels to be con-
structed 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 con-
struction prosecuted thereon prior to approval of title, as
follows:
NSSN (AP), $748,497,000;
CVN–77 (AP), $751,540,000;
CVN Refuelings (AP), $345,565,000;
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DDG–51 destroyer program, $2,681,653,000;
LPD–17 
amphibious 
transport 
dock 
ship,
$1,508,338,000;
LHD–8 (AP), $500,000,000;
ADC(X), $439,966,000;
LCAC landing craft air cushion program,
$31,776,000; and
For craft, outfitting, post delivery, conversions,
and first destination transportation, $171,119,000;
In all: $7,178,454,000, to remain available for obliga-
tion until September 30, 2006: Provided, That additional
obligations may be incurred after September 30, 2006, for
engineering services, tests, evaluations, and other such budg-
eted work that must be performed in the final stage of ship
construction: Provided further, That none of the funds pro-
vided under this heading for the construction or conversion
of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided
further, That none of the funds provided under this heading
shall be used for the construction of any naval vessel in
foreign shipyards: Provided further, That the Secretary of
the Navy is hereby granted the authority to enter into a
contract for an LHD–1 Amphibious Assault Ship which
shall be funded on an incremental basis.
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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 25 passenger motor vehicles for replacement
only; expansion of public and private plants, including the
land necessary therefor, and such lands and interests there-
in, 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 con-
tractor-owned equipment layaway; $4,184,891,000, to re-
main available for obligation until September 30, 2002.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufac-
ture, 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 Gov-
ernment and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of not to ex-
ceed 43 passenger motor vehicles for replacement only; and
expansion of public and private plants, including land nec-
essary therefor, and such lands and interests therein, may
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be acquired, and construction prosecuted thereon prior to
approval of title; $1,236,620,000, to remain available for
obligation until September 30, 2002.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, lease, and modification
of aircraft and equipment, including armor and armament,
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, Govern-
ment-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 con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and trans-
portation of things; $9,758,333,000, to remain available for
obligation until September 30, 2002.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, includ-
ing spare parts and accessories therefor, ground handling
equipment, and training devices; expansion of public and
private plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
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OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment,
and ground electronic and communication equipment), and
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of not to exceed 53 passenger
motor vehicles for replacement only; lease of passenger
motor vehicles; and expansion of public and private plants,
Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Gov-
ernment 
and 
contractor-owned 
equipment 
layaway;
$7,198,627,000, to remain available for obligation until
September 30, 2002.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) nec-
essary for procurement, production, and modification of
equipment, supplies, materials, and spare parts therefor,
not otherwise provided for; the purchase of not to exceed
103 passenger motor vehicles for replacement only; the pur-
chase of 7 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
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senger vehicles but not to exceed $200,000 per vehicle; ex-
pansion of public and private plants, equipment, and in-
stallation 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 construc-
tion prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment
layaway; $2,327,965,000, to remain available for obligation
until September 30, 2002.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procure-
ment for the reserve components of the Armed Forces;
$300,000,000, to remain available for obligation until Sep-
tember 30, 2002: Provided, That the Chiefs of the Reserve
and National Guard components shall, not later than 30
days after the enactment of this Act, individually submit
to the congressional defense committees the modernization
priority assessment for their respective Reserve or National
Guard component.
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TITLE IV
RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,
ARMY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment; $4,905,294,000, to remain avail-
able for obligation until September 30, 2001.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment; $8,448,816,000, to remain avail-
able for obligation until September 30, 2001.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR
FORCE
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment; $13,489,909,000, to remain avail-
able for obligation until September 30, 2001.
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RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments),
necessary for basic and applied scientific research, develop-
ment, test and evaluation; advanced research projects as
may be designated and determined by the Secretary of De-
fense, pursuant to law; maintenance, rehabilitation, lease,
and operation of facilities and equipment; $9,325,315,000,
to remain available for obligation until September 30,
2001.
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, of inde-
pendent activities of the Director, Test and Evaluation in
the direction and supervision of developmental test and
evaluation, including performance and joint developmental
testing and evaluation; and administrative expenses in
connection therewith; $251,957,000, to remain available
for obligation until September 30, 2001.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for
the independent activities of the Director, Operational Test
and Evaluation in the direction and supervision of oper-
ational test and evaluation, including initial operational
test and evaluation which is conducted prior to, and in
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support of, production decisions; joint operational testing
and evaluation; and administrative expenses in connection
therewith; $34,434,000, to remain available for obligation
until September 30, 2001.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds; $90,344,000.
NATIONAL DEFENSE SEALIFT FUND
(INCLUDING TRANSFER OF FUNDS)
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);
$354,700,000, to remain available until expended: Pro-
vided, 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 un-
less 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
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be considered to be the award of a new contract: Provided
further, That the Secretary of the military department re-
sponsible 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 acquisi-
tion must be made in order to acquire capability for na-
tional security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical
and health care programs of the Department of Defense, as
authorized 
by 
law; 
$11,184,857,000, 
of 
which
$10,527,887,000 shall be for Operation and maintenance,
of which not to exceed 2 per centum shall remain available
until September 30, 2001, of which $356,970,000, to re-
main available for obligation until September 30, 2002,
shall be for Procurement: and of which $300,000,000, to re-
main available for obligation until September 30, 2001,
shall be for Research, development, test and evaluation.
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ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the United States Sol-
diers’ and Airmen’s Home and the United States Naval
Home, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $68,295,000, of which
$12,696,000 shall remain available until expended for con-
struction and renovation of the physical plants at the
United States Soldiers’ and Airmen’s Home and the United
States Naval Home: Provided, That, notwithstanding any
other provision of law, a single contract or related contracts
for the development and construction, to include construc-
tion of a long-term care facility at the United States Naval
Home, may be employed which collectively include the full
scope of the project: Provided further, That the solicitation
and contract shall contain the clause ‘‘availability of funds’’
found at 48 CFR 52.232–18 and 252.232–7007, Limitation
of Government Obligations.
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 de-
struction of other chemical warfare materials that are not
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in the chemical weapon stockpile, $1,029,000,000, of which
$543,500,000 shall be for Operation and maintenance to
remain available until September 30, 2001, $191,500,000
shall be for Procurement to remain available until Sep-
tember 30, 2002, and $294,000,000 shall be for Research,
development, test and evaluation to remain available until
September 30, 2001: Provided, That of the funds available
under this heading, $1,000,000 shall be available until ex-
pended each year only for a Johnston Atoll off-island leave
program: Provided further, That the Secretaries concerned
shall, pursuant to uniform regulations, prescribe travel
and transportation allowances for travel by participants
in the off-island leave program.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of
the Department of Defense, for transfer to appropriations
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Oper-
ation and maintenance; for Procurement; and for Re-
search, development, test and evaluation; $842,300,000:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
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and for the same purpose as the appropriation to which
transferred: Provided further, That the transfer authority
provided in this paragraph is in addition to any transfer
authority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector
General Act of 1978, as amended; $137,544,000, of which
$136,244,000 shall be for Operation and maintenance, of
which not to exceed $500,000 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 his certificate of necessity for confidential
military purposes; and of which $1,300,000 to remain
available until September 30, 2002, shall be for Procure-
ment.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain proper
funding level for continuing the operation of the Central
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Intelligence Agency Retirement and Disability System;
$209,100,000.
INTELLIGENCE COMMUNITY MANAGEMENT
ACCOUNT
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community
Management Account; $149,415,000, of which $34,923,000
for the Advanced Research and Development Committee
shall remain available until September 30, 2001: Provided,
That of the funds appropriated under this heading,
$27,000,000 shall be transferred to the Department of Jus-
tice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence re-
sponsibilities, and of the said amount, $1,500,000 for Pro-
curement shall remain available until September 30, 2002,
and $1,000,000 for Research, development, test and evalua-
tion shall remain available until September 30, 2001.
PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE,
REMEDIATION, AND ENVIRONMENTAL RESTORATION FUND
For payment to Kaho’olawe Island Conveyance, Re-
mediation, and Environmental Restoration Fund, as au-
thorized by law; $35,000,000, to remain available until ex-
pended.
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NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–183,
$8,000,000, to be derived from the National Security Edu-
cation Trust Fund, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS—DEPARTMENT OF
DEFENSE
SEC. 8001. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
ployment 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 indi-
rect 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 com-
puted 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 employ-
ees, whichever is higher: Provided further, That this section
shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic
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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 na-
tional employees of the Department of Defense in the Re-
public 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 per centum of the appro-
priations in this Act which are limited for obligation dur-
ing 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 Re-
serve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management
and Budget, transfer not to exceed $2,000,000,000 of work-
ing 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) be-
tween 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 appropria-
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tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher pri-
ority 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 de-
nied by Congress: Provided further, That the Secretary of
Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in
this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request
to the Committees on Appropriations for reprogramming
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense 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 be-
tween such funds: Provided further, That transfers may be
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such
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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 Sec-
retary of Defense has notified the Congress of the proposed
transfer. Except in amounts equal to the amounts appro-
priated 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, un-
less the Secretary of Defense has notified the Congress prior
to any such obligation.
SEC. 8007. Funds appropriated by this Act may not
be used to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
SEC. 8008. None of the funds provided in this Act shall
be available to initiate: (1) a multiyear contract that em-
ploys 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
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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 li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would
exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract
can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared
to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
Longbow Apache Helicopter; MLRS Rocket
Launcher; Abrams M1A2 Upgrade; Bradley M2A3
Vehicle; F/A–18E/F aircraft; C–17 aircraft; and F–16
aircraft.
SEC. 8009. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by 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
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may also be obligated for humanitarian and civic assist-
ance 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 re-
ported to Congress on September 30 of each year: Provided,
That funds available for operation and maintenance shall
be available for providing humanitarian and similar assist-
ance by using Civic Action Teams in the Trust Territories
of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as au-
thorized 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 pro-
vision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for ci-
vilian 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 2000, the civilian
personnel of the Department of Defense may not be man-
aged 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)
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on the number of such personnel who may be employed on
the last day of such fiscal year.
(b) The fiscal year 2001 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2001 De-
partment of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of
this provision were effective with regard to fiscal year 2001.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8011. Notwithstanding any other provision of
law, none of the funds made available by this Act shall be
used by the Department of Defense to exceed, outside the
50 United States, its territories, and the District of Colum-
bia, 125,000 civilian workyears: Provided, That workyears
shall be applied as defined in the Federal Personnel Man-
ual: Provided further, That workyears expended in depend-
ent 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 in-
fluence congressional action on any legislation or appro-
priation 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
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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(c) of title
38, United States Code, for any member of the armed serv-
ices who, on or after the date of the enactment of this Act,
enlists in the armed services for a period of active duty of
less than three 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 Af-
fairs pay such benefits to any such member: Provided, That
this limitation 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 estab-
lished by the Secretary of Defense in fiscal year 1991 to
test the cost-effective use of special recruiting incentives in-
volving not more than nineteen noncombat arms skills ap-
proved in advance by the Secretary of Defense: Provided
further, That this subsection applies only to active compo-
nents of the Army.
(b) None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any mem-
ber of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
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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 reen-
listed with this option prior to October 1, 1987: Provided
further, That this subsection applies only to active compo-
nents 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 ten Department of Defense civilian employees
until a most efficient and cost-effective organization anal-
ysis is completed on such activity or function and certifi-
cation of the analysis is made to the Committees on Appro-
priations 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 ac-
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cordance with that Act; or (3) is planned to be converted
to performance by a qualified firm under 51 per centum
Native American ownership.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a Mentor-Protege Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510;
10 U.S.C. 2301 note), as amended, under the authority of
this provision or any other transfer authority contained in
this Act.
SEC. 8016. None of the funds in this Act may be avail-
able 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
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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 re-
striction on a case-by-case basis by certifying in writing
to the Committees on Appropriations that such an acquisi-
tion must be made in order to acquire capability for na-
tional security purposes.
SEC. 8017. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS) shall be available for
the reimbursement 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 pro-
fessional 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 serv-
ices provided under the program for the handicapped under
subsection (d) of section 1079 of title 10, United States
Code, provided as partial hospital care, or provided pursu-
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ant to a waiver authorized by the Secretary of Defense be-
cause of medical or psychological circumstances of the pa-
tient that are confirmed by a health professional who is not
a Federal employee after a review, pursuant to rules pre-
scribed by the Secretary, which takes into account the ap-
propriate level of care for the patient, the intensity of serv-
ices 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 pre-
scribe.
SEC. 8019. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of Defense
may, by executive agreement, establish with host nation
governments in NATO member states a separate account
into which such residual value amounts negotiated in the
return of United States military installations in NATO
member states may be deposited, in the currency of the host
nation, in lieu of direct monetary transfers to the United
States Treasury: Provided, That such credits may be uti-
lized only for the construction of facilities to support United
States military forces in that host nation, or such real prop-
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erty maintenance and base operating costs that are cur-
rently executed through monetary transfers to such host na-
tions: Provided further, That the Department of Defense’s
budget submission for fiscal year 2001 shall identify such
sums anticipated in residual value settlements, and identify
such construction, real property maintenance or base oper-
ating costs that shall be funded by the host nation through
such credits: Provided further, That all military construc-
tion projects to be executed from such accounts must be pre-
viously approved in a prior Act of Congress: Provided fur-
ther, That each such executive agreement with a NATO
member host nation shall be reported to the congressional
defense committees, the Committee on International Rela-
tions 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 estab-
lished under this provision.
SEC. 8020. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber
rifles, .30 caliber rifles, or M–1911 pistols.
SEC. 8021. Notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be
available to pay more than 50 per centum of an amount
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paid to any person under section 308 of title 37, United
States Code, in a lump sum.
SEC. 8022. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during
a single fiscal year for any single relocation of an organiza-
tion, 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 congres-
sional defense committees that such a relocation is required
in the best interest of the Government.
SEC. 8023. A member of a reserve component whose
unit or whose residence is located in a State which is not
contiguous with another State is authorized to travel in a
space required status on aircraft of the Armed Forces be-
tween home and place of inactive duty training, or place
of duty in lieu of unit training assembly, when there is
no road or railroad transportation (or combination of road
and railroad transportation between those locations): Pro-
vided, That a member traveling in that status on a military
aircraft pursuant to the authority provided in this section
is not authorized to receive travel, transportation, or per
diem allowances in connection with that travel.
SEC. 8024. In addition to the funds provided elsewhere
in this Act, $8,000,000 is appropriated only for incentive
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payments authorized by section 504 of the Indian Financ-
ing Act of 1974 (25 U.S.C. 1544): Provided, That contrac-
tors participating in the test program established by section
854 of Public Law 101–189 (15 U.S.C. 637 note) shall be
eligible for the program established by section 504 of the
Indian Financing Act of 1974 (25 U.S.C. 1544).
SEC. 8025. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of Colum-
bia 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 indefi-
nite, 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 de-
scribed in section 101 of title 32, United States Code;
(2) performs, for the purpose of providing mili-
tary 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, or other provision of
law, as applicable; or
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(B) full-time military service for his or her
State, the District of Columbia, the Common-
wealth 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, if such employee is other-
wise entitled to such annual leave:
Provided, That any employee who requests leave under sub-
section (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, and such leave shall be considered leave under
section 6323(b) of title 5, United States Code.
SEC. 8026. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to
the provisions of OMB Circular A–76 if the study being
performed exceeds a period of 24 months after initiation
of such study with respect to a single function activity or
48 months after initiation of such study for a multi-func-
tion activity.
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SEC. 8027. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8028. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust wage
rates for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans Af-
fairs by section 7455 of title 38, United States Code.
SEC. 8029. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act.
SEC. 8030. (a) Of the funds for the procurement of sup-
plies or services appropriated by this Act, qualified non-
profit agencies for the blind or other severely handicapped
shall be afforded the maximum practicable opportunity to
participate as subcontractors and suppliers in the perform-
ance 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
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Business Act (15 U.S.C. 637(d)) shall be given credit to-
ward 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 ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
SEC. 8031. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant
to section 1095 of title 10, United States Code, shall be
made available to the local facility of the uniformed services
responsible for the collections and shall be over and above
the facility’s direct budget amount.
SEC. 8032. During the current fiscal year, the Depart-
ment 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 Ku-
wait, under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be cred-
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ited to the appropriations or fund which incurred such obli-
gations.
SEC. 8033. Of the funds made available in this Act,
not less than $26,470,000 shall be available for the Civil
Air Patrol Corporation, of which $18,000,000 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 ex-
clusive use of the Civil Air Patrol Corporation and not for
the Air Force or any unit thereof.
SEC. 8034. (a) None of the funds appropriated in this
Act are available to establish a new Department of Defense
(department) federally funded research and development
center (FFRDC), either as a new entity, or as a separate
entity administrated by an organization managing another
FFRDC, or as a nonprofit membership corporation con-
sisting of a consortium of other FFRDCs and other non-
profit entities.
(b) LIMITATION
ON
COMPENSATION—FEDERALLY
FUNDED
RESEARCH
AND
DEVELOPMENT
CENTER
(FFRDC).—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
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no paid consultant to any defense FFRDC, except when act-
ing 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 ex-
penses 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 2000 may be used by a defense FFRDC,
through a fee or other payment mechanism, for construction
of new buildings, for payment of cost sharing for projects
funded by government grants, for absorption of contract
overruns, or for certain charitable contributions, not to in-
clude employee participation in community service and/or
development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2000,
not more than 6,100 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That
of the specific amount referred to previously in this sub-
section, not more than 1,000 staff years may be funded for
the defense studies and analysis FFRDCs.
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(e) The Secretary of Defense shall, with the submission
of the department’s fiscal year 2001 budget request, submit
a report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC dur-
ing that fiscal year.
SEC. 8035. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States
or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515,
American Society of Testing and Materials (ASTM) or
American Iron and Steel Institute (AISI) specifications of
carbon, alloy or armor steel plate: Provided further, That
the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations 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.
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SEC. 8036. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services
Committee of the House of Representatives, the Armed Serv-
ices 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 Appropria-
tions of the House of Representatives.
SEC. 8037. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well
as the production of components and other Defense-related
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military
department or defense agency concerned, with power of dele-
gation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and
private bids: Provided further, That Office of Management
and Budget Circular A–76 shall not apply to competitions
conducted under this section.
SEC. 8038. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
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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 under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to Congress
a report on the amount of Department of Defense purchases
from foreign entities in fiscal year 2000. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agree-
ment to which the United States is a party.
(c) For purposes of this section, the term ‘‘Buy Amer-
ican Act’’ means title III of the Act entitled ‘‘An Act mak-
ing appropriations for the Treasury and Post Office De-
partments for the fiscal year ending June 30, 1934, and
for other purposes’’, approved March 3, 1933 (41 U.S.C.
10a et seq.).
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SEC. 8039. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
a result of energy cost savings realized by the Department
of Defense shall remain available for obligation for the next
fiscal year to the extent, and for the purposes, provided in
section 2865 of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8040. Amounts deposited during the current fis-
cal 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 ap-
plicable appropriations or funds of the Department of De-
fense 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 trans-
ferred.
SEC. 8041. During the current fiscal year, appropria-
tions available to the Department of Defense may be used
to reimburse a member of a reserve component of the Armed
Forces who is not otherwise entitled to travel and transpor-
tation allowances and who occupies transient government
housing while performing active duty for training or inac-
tive duty training: Provided, That such members may be
provided lodging in kind if transient government quarters
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are unavailable as if the member was entitled to such allow-
ances under subsection (a) of section 404 of title 37, United
States Code: Provided further, That if lodging in kind is
provided, any authorized service charge or cost of such lodg-
ing may be paid directly from funds appropriated for oper-
ation and maintenance of the reserve component of the
member concerned.
SEC. 8042. The President shall include with each budg-
et 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 De-
partment of Defense, the military departments, and the De-
fense agencies.
SEC. 8043. Notwithstanding any other provision of
law, funds available for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’ may be obligated for the Young
Marines program.
SEC. 8044. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of
1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be
available until expended for the payments specified by sec-
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tion 2921(c)(2) of that Act: Provided, That none of the
funds made available for expenditure under this section
may be transferred or obligated until thirty days after the
Secretary of Defense submits a report which details the bal-
ance available in the Overseas Military Facility Investment
Recovery Account, all projected income into the account
during fiscal years 2000 and 2001, and the specific expend-
itures to be made using funds transferred from this account
during fiscal year 2000.
SEC. 8045. Of the funds appropriated or otherwise
made available by this Act, not more than $119,200,000
shall be available for payment of the operating costs of
NATO Headquarters: Provided, That the Secretary of De-
fense may waive this section for Department of Defense sup-
port provided to NATO forces in and around the former
Yugoslavia.
SEC. 8046. During the current fiscal year, appropria-
tions which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$100,000.
SEC. 8047. (a) During the current fiscal year, none
of the appropriations or funds available to the Department
of Defense Working Capital Funds shall be used for the pur-
chase of an investment item for the purpose of acquiring
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a new inventory item for sale or anticipated sale during
the current fiscal year or a subsequent fiscal year to cus-
tomers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable to
the Department of Defense Business Operations Fund dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2001 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2001 De-
partment 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 ap-
propriation contained in this Act shall be budgeted for in
a proposed fiscal year 2001 procurement appropriation and
not in the supply management business area or any other
area or category of the Department of Defense Working
Capital Funds.
SEC. 8048. None of the funds appropriated by this Act
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30,
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2001: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any
prior or subsequent fiscal year shall remain available until
expended.
SEC. 8049. Notwithstanding any other provision of
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands,
and the component commands.
SEC. 8050. Of the funds appropriated by the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $8,000,000 shall be
made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities.
SEC. 8051. Amounts collected for the use of the facili-
ties of the National Science Center for Communications and
Electronics during the current fiscal year pursuant to sec-
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tion 1459(g) of the Department of Defense Authorization
Act, 1986, and deposited to the special account established
under subsection 1459(g)(2) of that Act are appropriated
and shall be available until expended for the operation and
maintenance of the Center as provided for in subsection
1459(g)(2).
SEC. 8052. None of the funds appropriated in this Act
may be used to fill the commander’s position at any mili-
tary medical facility with a health care professional unless
the prospective candidate can demonstrate professional ad-
ministrative skills.
SEC. 8053. (a) None of the funds appropriated in this
Act may be expended by an entity of the Department of
Defense unless the entity, in expending the funds, complies
with the Buy American Act. For purposes of this subsection,
the term ‘‘Buy American Act’’ means title III of the Act
entitled ‘‘An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes’’, approved March 3, 1933
(41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ‘‘Made in America’’ inscription to any product sold in
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
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tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment 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 De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
SEC. 8054. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activ-
ity 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 advan-
tage of unique and significant industrial accomplish-
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ment by a specific concern, or to insure that a new
product or idea of a specific concern is given finan-
cial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to im-
provements of equipment that is in development or produc-
tion, or contracts as to which a civilian official of the De-
partment of Defense, who has been confirmed by the Senate,
determines that the award of such contract is in the interest
of the national defense.
SEC. 8055. (a) Except as provided in subsections (b)
and (c), none of the funds made available by this Act may
be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the department
who is transferred or reassigned from a headquarters
activity if the member or employee’s place of duty re-
mains 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 cer-
tifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
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will reduce the personnel requirements or the financial re-
quirements of the department.
(c) This section does not apply to field operating agen-
cies funded within the National Foreign Intelligence Pro-
gram.
SEC. 8056. Funds appropriated by this Act for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year
2000 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2000.
SEC. 8057. Notwithstanding section 303 of Public Law
96–487 or any other provision of law, the Secretary of the
Navy is authorized to lease real and personal property at
Naval Air Facility, Adak, Alaska, pursuant to 10 U.S.C.
2667(f), for commercial, industrial or other purposes: Pro-
vided, 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. 8058. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded as of the date of the enactment of this Act from
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the following accounts and programs in the specified
amounts:
Under the heading, ‘‘Other Procurement, Air
Force, 1999/2001’’, $5,405,000;
Under the heading, ‘‘Missile Procurement, Air
Force, 1999/2001’’, $8,000,000 ; and
Under the heading, ‘‘Research, Development, Test
and Evaluation, Air Force, 1999/2000’’, $40,000,000.
SEC. 8059. None of the funds available in this Act may
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for
the purpose of applying any administratively imposed ci-
vilian personnel ceiling, freeze, or reduction on military (ci-
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure.
SEC. 8060. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8061. During the current fiscal year, funds ap-
propriated 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
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the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance
of such duty, the members of the National Guard shall be
under State command and control: Provided further, That
such duty shall be treated as full-time National Guard duty
for purposes of sections 12602(a)(2) and (b)(2) of title 10,
United States Code.
SEC. 8062. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Uni-
fied and Specified Commands and Defense Agencies shall
be available for reimbursement of pay, allowances and other
expenses which would otherwise be incurred against appro-
priations for the National Guard and Reserve when mem-
bers of the National Guard and Reserve provide intelligence
or counterintelligence support to Unified Commands, De-
fense 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 proce-
dures.
SEC. 8063. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
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civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 1999
level: Provided, That the Service Surgeons General may
waive this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and
capitation-based budgeting.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8064. (a) None of the funds appropriated in this
Act may be transferred to or obligated from the Pentagon
Reservation Maintenance Revolving Fund, unless the Sec-
retary of Defense certifies that the total cost for the plan-
ning, design, construction and installation of equipment for
the renovation of the Pentagon Reservation will not exceed
$1,222,000,000.
(b) The Secretary shall, in conjunction with the Pen-
tagon Renovation, design and construct secure secretarial
offices and support facilities and security-related changes
to the subway entrance at the Pentagon Reservation.
SEC. 8065. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion 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.
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(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8066. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal build-
ings may, during their period of availability, be transferred
to other appropriations or funds of the Department of De-
fense for projects related to increasing energy and water ef-
ficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the ap-
propriation or fund to which transferred.
SEC. 8067. None of the funds appropriated by this Act
may be used for the procurement of ball and roller bearings
other than those produced by a domestic source and of do-
mestic 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 writ-
ing 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
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must be made in order to acquire capability for national
security purposes.
SEC. 8068. Notwithstanding any other provision of
law, funds available to the Department of Defense shall be
made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to Amer-
ican Samoa, and funds available to the Department of De-
fense 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 conjunc-
tion with a civil-military project.
SEC. 8069. None of the funds in this Act may be used
to purchase any supercomputer which is not manufactured
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for
national security purposes that is not available from
United States manufacturers.
SEC. 8070. Notwithstanding any other provision of
law, 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 which is not con-
tiguous 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 provi-
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sion 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. 8071. 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 ex-
pended to transport Army personnel into Edwards Air
Force Base for training rotations at the National Training
Center.
SEC. 8072. (a) The Secretary of Defense shall submit,
on a quarterly basis, a report to the congressional defense
committees, the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate setting forth all costs (including in-
cremental costs) incurred by the Department of Defense
during the preceding quarter in implementing or sup-
porting resolutions of the United Nations Security Council,
including any such resolution calling for international
sanctions, international peacekeeping operations, and hu-
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manitarian missions undertaken by the Department of De-
fense. The quarterly report shall include an aggregate of all
such Department of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the quar-
terly reports all efforts made to seek credit against past
United Nations expenditures and all efforts made to seek
compensation from the United Nations for costs incurred
by the Department of Defense in implementing and sup-
porting United Nations activities.
SEC. 8073. (a) LIMITATION ON TRANSFER OF DE-
FENSE 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 de-
scribed in subsection (b) unless the congressional defense
committees, the Committee on International Relations of
the House of Representatives, and the Committee on For-
eign 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-en-
forcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under
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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 equip-
ment or supplies—
(A) a statement of whether the inventory re-
quirements 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 pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to provide
funds for such replacement.
SEC. 8074. To the extent authorized by subchapter VI
of chapter 148 of title 10, United States Code, the Secretary
of Defense shall issue loan guarantees in support of United
States defense exports not otherwise provided for: Provided,
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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 ex-
posure fees charged and collected by the Secretary for each
guarantee, shall be paid by the country involved and shall
not be financed as part of a loan guaranteed by the United
States: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations,
Armed Services and Foreign Relations of the Senate and
the Committees on Appropriations, Armed Services and
International Relations in the House of Representatives on
the implementation of this program: Provided further, That
amounts charged for administrative fees and deposited to
the special account provided for under section 2540c(d) of
title 10, shall be available for paying the costs of adminis-
trative expenses of the Department of Defense that are at-
tributable to the loan guarantee program under subchapter
VI of chapter 148 of title 10, United States Code.
SEC. 8075. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the
contractor to an employee when—
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(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs asso-
ciated with a business combination.
SEC. 8076. (a) None of the funds appropriated or oth-
erwise 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 sub-
section (a) during a period of war in which the United
States is a party.
SEC. 8077. 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 indi-
vidual who was a member of the military forces of the So-
viet Union or for any individual who is or was a member
of the military forces of the Russian Federation.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8078. During the current fiscal year, no more
than $10,000,000 of appropriations made in this Act under
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the heading ‘‘Operation and Maintenance, Defense-Wide’’
may be transferred to appropriations available for the pay
of military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in con-
nection 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. 8079. 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 ‘‘Ship-
building and Conversion, Navy’’ appropriations in any
prior year, and the 1 percent limitation shall apply to the
total amount of the appropriation.
SEC. 8080. 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 ex-
pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired or closed account if—
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(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 avail-
ability 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 obliga-
tion is not chargeable to a current appropriation of
the Department of Defense under the provisions of sec-
tion 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 re-
corded against the expired account: Provided further,
That the total amount charged to a current appro-
priation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account.
(TRANSFER OF FUNDS)
SEC. 8081. Upon enactment of this Act, the Secretary
of Defense shall make the following transfers of funds: Pro-
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vided, That the amounts transferred shall be available for
the same purposes as the appropriations to which trans-
ferred, and for the same time period as the appropriation
from which transferred: Provided further, That the amounts
shall be transferred between the following appropriations in
the amount specified:
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1988/2001’’:
SSN–688 attack submarine program,
$6,585,000;
CG–47 cruiser program, $12,100,000;
Aircraft carrier service life extension
program, $202,000;
LHD–1 amphibious assault ship pro-
gram, $2,311,000;
LSD–41 cargo variant ship program,
$566,000;
T–AO fleet oiler program, $3,494,000;
AO conversion program, $133,000;
Craft, outfitting, and post delivery,
$1,688,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1995/2001’’:
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DDG–51 
destroyer 
program,
$27,079,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1989/2000’’:
DDG–51 
destroyer 
program,
$13,200,000;
Aircraft carrier service life extension
program, $186,000;
LHD–1 amphibious assault ship pro-
gram, $3,621,000;
LCAC landing craft, air cushioned
program, $1,313,000;
T–AO fleet oiler program, $258,000;
AOE combat support ship program,
$1,078,000;
AO conversion program, $881,000;
T–AGOS drug interdiction conversion,
$407,000;
Outfitting and post delivery, $219,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1996/2000’’:
LPD–17 amphibious transport dock
ship, $21,163,000;
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From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1990/2002’’:
SSN–688 attack submarine program,
$5,606,000;
DDG–51 
destroyer 
program,
$6,000,000;
ENTERPRISE 
refueling/moderniza-
tion program, $2,306,000;
LHD–1 amphibious assault ship pro-
gram, $183,000;
LSD–41 dock landing ship cargo vari-
ant program, $501,000;
LCAC landing craft, air cushioned
program, $345,000;
MCM mine countermeasures program,
$1,369,000;
Moored training ship demonstration
program, $1,906,000;
Oceanographic 
ship 
program,
$1,296,000;
AOE combat support ship program,
$4,086,000;
AO conversion program, $143,000;
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Craft, outfitting, post delivery, and
ship special support equipment, $1,209,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1990/2002’’:
T–AGOS surveillance ship program,
$5,000,000;
Coast 
Guard 
icebreaker 
program,
$8,153,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1996/2002’’:
LPD–17 amphibious transport dock
ship, $7,192,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/2002’’:
CVN refuelings, $4,605,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1991/2001’’:
SSN–21(AP) attack submarine pro-
gram, $1,614,000;
LHD–1 amphibious assault ship pro-
gram, $5,647,000;
LSD–41 dock landing ship cargo vari-
ant program, $1,389,000;
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LCAC landing craft, air cushioned
program, $330,000;
AOE combat support ship program,
$1,435,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/2001’’:
CVN refuelings, $10,415,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1992/2001’’:
SSN–21 attack submarine program,
$11,983,000;
Craft, outfitting, post delivery, and
DBOF transfer, $836,000;
Escalation, $5,378,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/2001’’:
CVN refuelings, $18,197,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1993/2002’’:
Carrier 
replacement 
program(AP),
$30,332,000;
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LSD–41 cargo variant ship program,
$676,000;
AOE combat support ship program,
$2,066,000;
Craft, outfitting, post delivery, and
first destination transportation, and infla-
tion adjustments, $2,127,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/2002’’:
CVN refuelings, $29,884,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1999/2002’’:
Craft, outfitting, post delivery, conver-
sions, and first destination transportation,
$5,317,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1994/2003’’:
LHD–1 amphibious assault ship pro-
gram, $18,349,000;
Oceanographic ship program, $9,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1994/2003’’:
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DDG–51 
destroyer 
program,
$18,349,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1999/2003’’:
Craft, outfitting, post delivery, conver-
sions, and first destination transportation,
$9,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1996/2000’’:
SSN–21 attack submarine program,
$10,100,000;
LHD–1 amphibious assault ship pro-
gram, $7,100,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1996/2000’’:
DDG–51 
destroyer 
program,
$3,723,000;
LPD–17 amphibious transport dock
ship, $13,477,000.
SEC. 8082. 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
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projects may be obligated at the time the reimbursable order
is accepted by the performing activity: Provided, That for
the purpose of this section, supervision and administration
costs includes all in-house Government cost.
SEC. 8083. During the current fiscal year, the Sec-
retary of Defense may waive reimbursement of the cost of
conferences, seminars, courses of instruction, or similar
educational activities of the Asia-Pacific Center for Secu-
rity Studies for military officers and civilian officials of
foreign nations if the Secretary determines that attendance
by such personnel, without reimbursement, is in the na-
tional security interest of the United States: Provided, That
costs for which reimbursement is waived pursuant to this
subsection shall be paid from appropriations available for
the Asia-Pacific Center.
SEC. 8084. (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 Learn-
ing Project by any person or entity on a space-available,
reimbursable basis. The Chief of the National Guard Bu-
reau 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 associ-
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ated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
SEC. 8085. 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 Mili-
tary Community in the Federal Republic of Germany: Pro-
vided, 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 con-
sideration of United States coal as an energy source.
SEC. 8086. During the current fiscal year, refunds at-
tributable to the use of the Government travel card and the
Government Purchase Card by military personnel and ci-
vilian employees of the Department of Defense and refunds
attributable to official Government travel arranged by Gov-
ernment Contracted Travel Management Centers may be
credited to the accounts current when the refunds are re-
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ceived that are available for the same purposes as the ac-
counts originally charged.
SEC. 8087. 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 oper-
ation of the military department or defense agency with
which the invoice or contract payment is associated.
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 pro-
curement 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 pro-
duced in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
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set forth separately for a single account the amount re-
quested for the missions of the Department of Defense re-
lated to combating terrorism inside and outside the United
States.
SEC. 8105. 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 lo-
cated: Provided further, That such local procurement re-
quirements 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 fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, in contiguous States and the District of Columbia
shall be procured from the most competitive source, price
and other factors considered.