H. R. 2561—65
Department of Defense fleet of specialized aircraft and related
equipment commonly described as ‘‘Low Density, High Demand
Assets’’. The report shall be submitted no later than May 15,
2000 and shall be submitted in both classified and unclassified
versions.
(b) ASSETS TO BE COVERED.—The report shall cover the fol-
lowing aircraft and equipment:
(1) Electronic warfare aircraft and specialized jamming
equipment.
(2) Intelligence, surveillance, and reconnaissance (ISR)
platforms and major systems, including—
(A) U–2 aircraft;
(B) AWACS aircraft;
(C) JSTARS aircraft;
(D) RIVET JOINT aircraft;
(E) tactical unmanned aerial vehicles (UAVs);
(F) interoperable/secure communications;
(G) command and control systems;
(H) new data links; and
(I) data fusion capability.
(3) Strategic and tactical airlift aircraft.
(4) Aerial refueling aircraft.
(5) Strategic bomber aircraft.
(c) REPORT ELEMENTS.—The report shall include for each asset
specified in subsection (b) the following:
(1) A description of—
(A) inventory, age, capabilities, current deficiencies,
usage rates, current and remaining service life, and
expected rates of fatigue;
(B) ability to provide logistical support;
(C) planned replacement dates; and
(D) number of sorties, percentage of inventory used,
and overall effectiveness in Operation Desert Fox and in
Operation Allied Force.
(2) A comparison of the Department’s plans and resource
requirements to update, replace, modernize, or restore the asset
as contained in the Future Years Defense Plan for fiscal year
2000 with those plans and resource requirements for that asset
as contained in the Future Years Defense Plan for fiscal year
2001, and an explanation for any significant difference in those
plans and requirements.
(3) A detailed listing, by fiscal year, of—
(A) the total amount required to fulfill mission needs
statements and documented inventory objectives for the
asset in order to improve critical warfighting capabilities
over the next 10 years; and
(B) of that total amount for each such year, the portion
(stated as an amount and as a percentage) that is not
included in the fiscal year 2001 Future Years Defense
Plan.
SEC. 8166. Of the funds appropriated in title II of this Act
under the heading ‘‘Operation and Maintenance, Army’’, $5,000,000
shall be available only for a grant to the Chicago Public Schools
for conversion and expansion of the former Eighth Regiment
National Guard Armory (Bronzeville).
SEC. 8167. Notwithstanding any other provision of law,
$10,000,000, is hereby appropriated and authorized for ‘‘Military
H. R. 2561—66
Construction, Army National Guard’’, to remain available until
September 30, 2004, for construction, and, contributions therefor,
of an Army Aviation Support Facility at West Bend, Wisconsin.
SEC. 8168. (a) PURPOSE.—The purpose of this section is to
evaluate and demonstrate methods for more efficient operation
of military installations through improved capital asset manage-
ment and greater reliance on the public or private sector for less-
costly base support services, where available.
(b) AUTHORITY.—(1) The Secretary of the Air Force may carry
out at Brooks Air Force Base, Texas, a demonstration project to
be known as the ‘‘Base Efficiency Project’’ to improve mission
effectiveness and reduce the cost of providing quality installation
support at Brooks Air Force Base.
(2) The Secretary may carry out the Project in consultation
with the Community to the extent the Secretary determines such
consultation is necessary and appropriate.
(3) The authority provided in this section is in addition to
any other authority vested in or delegated to the Secretary, and
the Secretary may exercise any authority or combination of authori-
ties provided under this section or elsewhere to carry out the
purposes of the Project.
(c) EFFICIENT PRACTICES.—(1) The Secretary may convert serv-
ices at or for the benefit of the Base from accomplishment by
military personnel or by Department civilian employees (appro-
priated fund or non-appropriated fund), to services performed by
contract or provided as consideration for the lease, sale, or other
conveyance or transfer of property.
(2) Notwithstanding section 2462 of title 10, United States
Code, a contract for services may be awarded based on ‘‘best value’’
if the Secretary determines that the award will advance the pur-
poses of a joint activity conducted under the Project and is in
the best interest of the Department.
(3) Notwithstanding that such services are generally funded
by local and State taxes and provided without specific charge to
the public at large, the Secretary may contract for public services
at or for the benefit of the Base in exchange for such consideration,
if any, the Secretary determines to be appropriate.
(4)(A) The Secretary may conduct joint activities with the
Community, the State, and any private parties or entities on or
for the benefit of the Base.
(B) Payments or reimbursements received from participants
for their share of direct and indirect costs of joint activities,
including the costs of providing, operating, and maintaining facili-
ties, shall be in an amount and type determined to be adequate
and appropriate by the Secretary.
(C) Such payments or reimbursements received by the Depart-
ment shall be deposited into the Project Fund.
(d) LEASE AUTHORITY.—(1) The Secretary may lease real or
personal property located on the Base and not required at other
Air Force installations to any lessee upon such terms and conditions
as the Secretary considers appropriate and in the interest of the
United States, if the Secretary determines that the lease would
facilitate the purposes of the Project.
(2) Consideration for a lease under this subsection shall be
determined in accordance with subsection (g).
(3) A lease under this subsection—
H. R. 2561—67
(A) may be for such period as the Secretary determines
is necessary to accomplish the goals of the Project; and
(B) may give the lessee the first right to purchase the
property at fair market value if the lease is terminated to
allow the United States to sell the property under any other
provision of law.
(4)(A) The interest of a lessee of property leased under this
subsection may be taxed by the State or the Community.
(B) A lease under this subsection shall provide that, if and
to the extent that the leased property is later made taxable by
State governments or local governments under Federal law, the
lease shall be renegotiated.
(5) The Department may furnish a lessee with utilities, custo-
dial services, and other base operation, maintenance, or support
services performed by Department civilian or contract employees,
in exchange for such consideration, payment, or reimbursement
as the Secretary determines appropriate.
(6) All amounts received from leases under this subsection
shall be deposited into the Project Fund.
(7) A lease under this subsection shall not be subject to the
following provisions of law:
(A) Section 2667 of title 10, United States Code, other
than subsection (b)(1) of that section.
(B) Section 321 of the Act of June 30, 1932 (40 U.S.C.
303b).
(C) The Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.).
(e) PROPERTY DISPOSAL.—(1) The Secretary may sell or other-
wise convey or transfer real and personal property located at the
Base to the Community or to another public or private party during
the Project, upon such terms and conditions as the Secretary con-
siders appropriate for purposes of the Project.
(2) Consideration for a sale or other conveyance or transfer
of property under this subsection shall be determined in accordance
with subsection (g).
(3) The sale or other conveyance or transfer of property under
this subsection shall not be subject to the following provisions
of law:
(A) Section 2693 of title 10, United States Code.
(B) The Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.).
(4) Cash payments received as consideration for the sale or
other conveyance or transfer of property under this subsection
shall be deposited into the Project Fund.
(f ) LEASEBACK OF PROPERTY LEASED OR DISPOSED.—(1) The
Secretary may lease, sell, or otherwise convey or transfer real
property at the Base under subsections (b) and (e), as applicable,
which will be retained for use by the Department or by another
military department or other Federal agency, if the lessee, pur-
chaser, or other grantee or transferee of the property agrees to
enter into a leaseback to the Department in connection with the
lease, sale, or other conveyance or transfer of one or more portions
or all of the property leased, sold, or otherwise conveyed or trans-
ferred, as applicable.
(2) A leaseback of real property under this subsection shall
be an operating lease for no more than 20 years unless the Secretary
of the Air Force determines that a longer term is appropriate.
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(3)(A) Consideration, if any, for real property leased under
a leaseback entered into under this subsection shall be in such
form and amount as the Secretary considers appropriate.
(B) The Secretary may use funds in the Project Fund or other
funds appropriated or otherwise available to the Department for
use at the Base for payment of any such cash rent.
(4) Notwithstanding any other provision of law, the Department
or other military department or other Federal agency using the
real property leased under a leaseback entered into under this
subsection may construct and erect facilities on or otherwise
improve the leased property using funds appropriated or otherwise
available to the Department or other military department or other
Federal agency for such purpose.
(g) CONSIDERATION.—(1) The Secretary shall determine the
nature, value, and adequacy of consideration required or offered
in exchange for a lease, sale, or other conveyance or transfer of
real or personal property or for other actions taken under the
Project.
(2) Consideration may be in cash or in-kind or any combination
thereof. In-kind consideration may include the following:
(A) Real property.
(B) Personal property.
(C) Goods or services, including operation, maintenance,
protection, repair, or restoration (including environmental res-
toration) of any property or facilities (including non-appro-
priated fund facilities).
(D) Base operating support services.
(E) Improvement of Department facilities.
(F) Provision of facilities, including office, storage, or other
usable space, for use by the Department on or off the Base.
(G) Public services.
(3) Consideration may not be for less than the fair market
value.
(h) PROJECT FUND.—(1) There is established on the books of
the Treasury a fund to be known as the ‘‘Base Efficiency Project
Fund’’ into which all cash rents, proceeds, payments, reimburse-
ments, and other amounts from leases, sales, or other conveyances
or transfers, joint activities, and all other actions taken under
the Project shall be deposited. All amounts deposited into the Project
Fund are without fiscal year limitation.
(2) Amounts in the Project Fund may be used only for operation,
base operating support services, maintenance, repair, or improve-
ment of Department facilities, payment of consideration for acquisi-
tions of interests in real property (including payment of rentals
for leasebacks), and environmental protection or restoration, in
addition to or in combination with other amounts appropriated
for these purposes.
(3) Subject to generally prescribed financial management regu-
lations, the Secretary shall establish the structure of the Project
Fund and such administrative policies and procedures as the Sec-
retary considers necessary to account for and control deposits into
and disbursements from the Project Fund effectively.
(4) All amounts in the Project Fund shall be available for
use for the purposes authorized in paragraph (2) at the Base.
(i) FEDERAL AGENCIES.—(1)(A) Any Federal agency, its contrac-
tors, or its grantees shall pay rent, in cash or services, for the