H. R. 2561—69
use of facilities or property at the Base, in an amount and type
determined to be adequate by the Secretary.
(B) Such rent shall generally be the fair market rental of
the property provided, but in any case shall be sufficient to com-
pensate the Base for the direct and overhead costs incurred by
the Base due to the presence of the tenant agency on the Base.
(2) Transfers of real or personal property at the Base to other
Federal agencies shall be at fair market value consideration. Such
consideration may be paid in cash, by appropriation transfer, or
in property, goods, or services.
(3) Amounts received from other Federal agencies, their contrac-
tors, or grantees, including any amounts paid by appropriation
transfer, shall be deposited in the Project Fund.
( j) REPORTS TO CONGRESS.—(1) Section 2662 of title 10, United
States Code, shall not apply to transactions at the Base during
the Project.
(2)(A) Not later than March 1 each year, the Secretary shall
submit to the appropriate committees of the Congress a report
on any transactions at the Base during the preceding fiscal year
that would be subject to such section 2662.
(B) The report shall include a detailed cost analysis of the
financial savings and gains realized through joint activities and
other actions under the Project authorized by this section and
a description of the status of the Project.
(k) LIMITATION.—None of the authorities in this section shall
create any legal rights in any person or entity except rights
embodied in leases, deeds, or contracts.
(l) EXPIRATION
OF AUTHORITY.—The authority to enter into
a lease, deed, permit, license, contract, or other agreement under
this section shall expire on September 30, 2004.
(m) DEFINITIONS.—In this section:
(1) The term ‘‘Project’’ means the Base Efficiency Project
authorized by this section.
(2) The term ‘‘Base’’ means Brooks Air Force Base, Texas.
(3) The term ‘‘Community’’ means the City of San Antonio,
Texas.
(4) The term ‘‘Department’’ means the Department of the
Air Force.
(5) The term ‘‘facility’’ means a building, structure, or other
improvement to real property (except a military family housing
unit as that term is used in subchapter IV of chapter 169
of title 10, United States Code).
(6) The term ‘‘joint activity’’ means an activity conducted
on or for the benefit of the Base by the Department, jointly
with the Community, the State, or any private entity, or any
combination thereof.
(7) The term ‘‘Project Fund’’ means the Base Efficiency
Project Fund established by subsection (h).
(8) The term ‘‘public services’’ means public services (except
public schools, fire protection, and police protection) that are
funded by local and State taxes and provided without specific
charge to the public at large.
(9) The term ‘‘Secretary’’ means the Secretary of the Air
Force or the Secretary’s designee, who shall be a civilian official
of the Department appointed by the President with the advice
and consent of the Senate.
(10) The term ‘‘State’’ means the State of Texas.
H. R. 2561—70
(n) The authorities provided in this section shall not take
effect until June 15, 2000.
SEC. 8169. Notwithstanding any other provision of this Act,
the total amount appropriated in this Act is hereby reduced by
$400,000,000, to be distributed as follows:
‘‘Operation and Maintenance, Army’’, $115,000,000;
‘‘Operation and Maintenance, Navy’’, $150,000,000;
‘‘Operation and Maintenance, Marine Corps’’, $20,000,000;
and
‘‘Operation and Maintenance, Air Force’’, $115,000,000:
Provided, That of the unobligated amounts made available in section
2008 of title II, chapter 3 of Public Law 106–31, $400,000,000
shall be made available only for depot level maintenance and repair,
as follows:
‘‘Operation and Maintenance, Army’’, $115,000,000;
‘‘Operation and Maintenance, Navy’’, $150,000,000;
‘‘Operation and Maintenance, Marine Corps’’, $20,000,000;
and
‘‘Operation and Maintenance, Air Force’’, $115,000,000.
SEC. 8170. Notwithstanding any other provision of this Act,
the total amount appropriated in this Act is hereby reduced by
$550,000,000, to be distributed as follows:
‘‘Operation and Maintenance, Army’’, $170,000,000;
‘‘Operation and Maintenance, Navy’’, $170,000,000;
‘‘Operation and Maintenance, Marine Corps’’, $40,000,000;
and
‘‘Operation and Maintenance, Air Force’’, $170,000,000:
Provided, That of the unobligated amounts made available in section
2007 of title II, chapter 3 of Public Law 106–31, $550,000,000
shall be made available only for spare and repair parts and associ-
ated logistical support necessary for the maintenance of weapons
systems and equipment, as follows:
‘‘Operation and Maintenance, Army’’, $170,000,000;
‘‘Operation and Maintenance, Navy’’, $170,000,000;
‘‘Operation and Maintenance, Marine Corps’’, $40,000,000;
and
‘‘Operation and Maintenance, Air Force’’, $170,000,000.
SEC. 8171. Notwithstanding any other provision of this Act,
the total amount appropriated in this Act is hereby reduced by
$100,000,000, to be distributed as follows:
‘‘Operation and Maintenance, Army’’, $60,000,000;
‘‘Operation and Maintenance, Navy’’, $20,000,000; and
‘‘Operation and Maintenance, Air Force’’, $20,000,000:
Provided, That of the unobligated amounts made available in section
2011 of title II, chapter 3 of Public Law 106–31, $100,000,000
shall be made available only for base operations support costs
at Department of Defense facilities, as follows:
‘‘Operation and Maintenance, Army’’, $60,000,000;
‘‘Operation and Maintenance, Navy’’, $20,000,000; and
‘‘Operation and Maintenance, Air Force’’, $20,000,000.
SEC. 8172. Notwithstanding any other provision of this Act,
the total amount appropriated in this Act is hereby reduced by
$356,400,000, to be distributed as follows:
‘‘Weapons Procurement, Navy’’, $50,900,000;
‘‘Procurement of Ammunition, Navy and Marine Corps’’,
$113,500,000;
‘‘Aircraft Procurement, Air Force’’, $20,800,000; and
H. R. 2561—71
‘‘Procurement of Ammunition, Air Force’’, $171,200,000:
Provided, That the Secretary of Defense shall allocate these reduc-
tions to reflect savings available as a result of the increased procure-
ment of munitions resulting from funds made available in title
II, chapter 3 of Public Law 106–31.
SEC. 8173. (a) Notwithstanding any other provision of this
Act, amounts otherwise provided by this Act in title II for the
following accounts and activities are reduced by the following
amounts:
‘‘Operation and Maintenance, Army’’, $1,572,947,000;
‘‘Operation and Maintenance, Navy’’, $1,874,598,000;
‘‘Operation and Maintenance, Marine Corps’’, $228,709,000;
‘‘Operation and Maintenance, Air Force’’, $1,707,150,000;
‘‘Operation and Maintenance, Defense-Wide’’, $939,341,000;
‘‘Operation 
and 
Maintenance, 
Army 
Reserve’’,
$120,072,000;
‘‘Operation and Maintenance, Navy Reserve’’, $77,598,000;
‘‘Operation and Maintenance, Marine Corps Reserve’’,
$11,346,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force 
Reserve’’,
$145,393,000;
‘‘Operation and Maintenance, Army National Guard’’,
$258,115,000;
‘‘Operation 
and 
Maintenance, 
Air 
National 
Guard’’,
$264,731,000;
in all: $7,200,000,000.
(b) In addition to amounts appropriated elsewhere in this Act
there are hereby appropriated the following amounts for the fol-
lowing accounts:
‘‘Operation and Maintenance, Army’’, $1,572,947,000;
‘‘Operation and Maintenance, Navy’’, $1,874,598,000;
‘‘Operation and Maintenance, Marine Corps’’, $228,709,000;
‘‘Operation and Maintenance, Air Force’’, $1,707,150,000;
‘‘Operation and Maintenance, Defense-Wide’’, $939,341,000;
‘‘Operation 
and 
Maintenance, 
Army 
Reserve’’,
$120,072,000;
‘‘Operation and Maintenance, Navy Reserve’’, $77,598,000;
‘‘Operation and Maintenance, Marine Corps Reserve’’,
$11,346,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force 
Reserve’’,
$145,393,000;
‘‘Operation and Maintenance, Army National Guard’’,
$258,115,000;
‘‘Operation 
and 
Maintenance, 
Air 
National 
Guard’’,
$264,731,000;
in all; $7,200,000,000:
Provided, That the entire amount shall be available only to the
extent an official budget request for $7,200,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of such Act.
SEC. 8174. None of the funds appropriated or otherwise made
available in this Act may be used for the American Heritage Rivers
Initiative.
H. R. 2561—72
SEC. 8175. Notwithstanding any other provision of law, the
Department of Defense shall make progress payments based on
progress no less than 12 days after receiving a valid billing and
the Department of Defense shall make progress payments based
on cost no less than 19 days after receiving a valid billing.
SEC. 8176. Notwithstanding any other provision of law, the
Department of Defense shall make adjustments in payment proce-
dures and policies to ensure that payments are made no less than
29 days after receipt of a proper invoice.
TITLE IX
WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND
PAKISTAN
SEC. 9001. (a) WAIVER AUTHORITY.—Except as provided in sub-
sections (b) and (c) of this section, the President may waive, with
respect to India and Pakistan, the application of any sanction
contained in section 101 or 102 of the Arms Export Control Act
(22 U.S.C. 2799aa or 22 U.S.C. 2799aa–1), section 2(b)(4) of the
Export Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section
620E(e) of the Foreign Assistance Act of 1961, as amended, (22
U.S.C. 2375(e)).
(b) EXCEPTION.—The authority to waive the application of a
sanction or prohibition (or portion thereof ) under subsection (a)
shall not apply with respect to a sanction or prohibition contained
in subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms
Export Control Act, unless the President determines, and so certifies
to the Congress, that the application of the restriction would not
be in the national security interests of the United States.
(c) TERMINATION OF WAIVER.—The President may not exercise
the authority of subsection (a), and any waiver previously issued
under subsection (a) shall cease to apply, with respect to India
or Pakistan, if that country detonates a nuclear explosive device
after the date of the enactment of this Act or otherwise takes
such action which would cause the President to report pursuant
to section 102(b)(1) of the Arms Export Control Act.
(d) TARGETED SANCTIONS.—
(1) SENSE OF THE CONGRESS.—
(A) it is the sense of the Congress that the broad
application of export controls to nearly 300 Indian and
Pakistani entities is inconsistent with the specific national
security interests of the United States and that this control
list requires refinement; and
(B) export controls should be applied only to those
Indian and Pakistani entities that make direct and mate-
rial contributions to weapons of mass destruction and mis-
sile programs and only to those items that can contribute
to such programs.
(2) REPORTING REQUIREMENT.—Not later than 60 days after
the date of the enactment of this Act, the President shall
submit both a classified and unclassified report to the appro-
priate congressional committees listing those Indian and Paki-
stani entities whose activities contribute to missile programs
or weapons of mass destruction programs.
(e) CONGRESSIONAL NOTIFICATION.—The issuance of a license
for export of a defense article, defense service, or technology under
H. R. 2561—73
the authority of this section shall be subject to the same require-
ments as are applicable to the export of items described in section
36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)), including
the transmittal of information and the application of congressional
review procedures.
(f ) REPEAL.—The India-Pakistan Relief Act (title IX of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999, as contained in
section 101(a) of Public Law 105–277) is repealed effective October
21, 1999.
This Act may be cited as the ‘‘Department of Defense Appropria-
tions Act, 2000’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.