H. R. 4576—38
‘‘Operation and Maintenance, Marine Corps’’, $5,006,000;
‘‘Operation and Maintenance, Air Force’’, $294,209,000;
‘‘Operation and Maintenance, Defense-Wide’’, $10,864,000;
‘‘Operation and Maintenance, Navy Reserve’’, $31,669,000;
‘‘Operation and Maintenance, Marine Corps Reserve’’,
$563,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force 
Reserve’’,
$43,974,000;
‘‘Operation and Maintenance, Army National Guard’’,
$15,572,000; and
‘‘Operation 
and 
Maintenance, 
Air 
National 
Guard’’,
$85,493,000.
SEC. 8086. Notwithstanding any other provision of this Act,
the amounts provided in all appropriation accounts in titles III
and IV of this Act are hereby reduced by 0.7 percent: Provided,
That these reductions shall be applied on a pro-rata basis to each
line item, program element, program, project, subproject, and
activity within each appropriation account: Provided further, That
not later than 60 days after the enactment of this Act, the Under
Secretary of Defense (Comptroller) shall submit a report to the
congressional defense committees listing the specific funding reduc-
tions allocated to each category listed in the preceding proviso
pursuant to this section.
SEC. 8087. None of the funds made available in this Act may
be used to approve or license the sale of the F–22 advanced tactical
fighter to any foreign government.
SEC. 8088. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters
50–65) of the Harmonized Tariff Schedule and products classified
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
SEC. 8089. Funds made available to the Civil Air Patrol in
this Act under the heading ‘‘Drug Interdiction and Counter-Drug
Activities, Defense’’ may be used for the Civil Air Patrol Corpora-
tion’s counterdrug program, including its demand reduction pro-
gram involving youth programs, as well as operational and training
H. R. 4576—39
drug reconnaissance missions for Federal, State, and local govern-
ment agencies; for administrative costs, including the hiring of
Civil Air Patrol Corporation employees; for travel and per diem
expenses of Civil Air Patrol Corporation personnel in support of
those missions; and for equipment needed for mission support or
performance: Provided, That the Department of the Air Force should
waive reimbursement from the Federal, State, and local government
agencies for the use of these funds.
SEC. 8090. Notwithstanding any other provision of law, the
TRICARE managed care support contracts in effect, or in final
stages of acquisition as of September 30, 2000, may be extended
for 2 years: Provided, That any such extension may only take
place if the Secretary of Defense determines that it is in the best
interest of the Government: Provided further, That any contract
extension shall be based on the price in the final best and final
offer for the last year of the existing contract as adjusted for
inflation and other factors mutually agreed to by the contractor
and the Government: Provided further, That notwithstanding any
other provision of law, all future TRICARE managed care support
contracts replacing contracts in effect, or in the final stages of
acquisition as of September 30, 2000, may include a base contract
period for transition and up to seven 1-year option periods.
SEC. 8091. None of the funds in this Act may be used to
compensate an employee of the Department of Defense who initiates
a new start program without notification to the Office of the Sec-
retary of Defense, the Office of Management and Budget, and
the congressional defense committees, as required by Department
of Defense financial management regulations.
SEC. 8092. (a) PROHIBITION.—None of the funds made available
by this Act may be used to support any training program involving
a unit of the security forces of a foreign country if the Secretary
of Defense has received credible information from the Department
of State that the unit has committed a gross violation of human
rights, unless all necessary corrective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a decision
to conduct any training program referred to in subsection (a), full
consideration is given to all credible information available to the
Department of State relating to human rights violations by foreign
security forces.
(c) WAIVER.—The Secretary of Defense, after consultation with
the Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by extraordinary
circumstances.
(d) REPORT.—Not more than 15 days after the exercise of any
waiver under subsection (c), the Secretary of Defense shall submit
a report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information
relating to human rights violations that necessitates the waiver.
SEC. 8093. The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program
to distribute surplus dental equipment of the Department of
Defense, at no cost to the Department of Defense, to Indian health
service facilities and to federally-qualified health centers (within
H. R. 4576—40
the meaning of section 1905(l)(2)(B) of the Social Security Act
(42 U.S.C. 1396d(l)(2)(B))).
SEC. 8094. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby reduced by
$856,900,000 to reflect savings from favorable foreign currency fluc-
tuations, to be distributed as follows:
‘‘Military Personnel, Army’’, $177,200,000;
‘‘Military Personnel, Navy’’, $53,400,000;
‘‘Military Personnel, Marine Corps’’, $14,200,000;
‘‘Military Personnel, Air Force’’, $147,600,000;
‘‘Operation and Maintenance, Army’’, $272,200,000;
‘‘Operation and Maintenance, Navy’’, $47,000,000;
‘‘Operation and Maintenance, Marine Corps’’, $2,200,000;
‘‘Operation and Maintenance, Air Force’’, $96,000,000;
‘‘Operation and Maintenance, Defense-Wide’’, $26,400,000;
and
‘‘Defense Health Program’’, $20,700,000.
SEC. 8095. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to develop,
lease or procure the ADC(X) class of ships unless the main propul-
sion diesel engines and propulsors are manufactured in the United
States by a domestically operated entity: Provided, That the Sec-
retary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes
or there exists a significant cost or quality difference.
SEC. 8096. Of the funds made available in this Act, not less
than $65,200,000 shall be available to maintain an attrition reserve
force of 18 B–52 aircraft, of which $3,200,000 shall be available
from ‘‘Military Personnel, Air Force’’, $36,900,000 shall be available
from ‘‘Operation and Maintenance, Air Force’’, and $25,100,000
shall be available from ‘‘Aircraft Procurement, Air Force’’: Provided,
That the Secretary of the Air Force shall maintain a total force
of 94 B–52 aircraft, including 18 attrition reserve aircraft, during
fiscal year 2001: Provided further, That the Secretary of Defense
shall include in the Air Force budget request for fiscal year 2002
amounts sufficient to maintain a B–52 force totaling 94 aircraft.
SEC. 8097. The budget of the President for fiscal year 2002
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, and each annual budget request thereafter,
shall include separate budget justification documents for costs of
United States Armed Forces’ participation in contingency operations
for the Military Personnel accounts, the Overseas Contingency
Operations Transfer Fund, the Operation and Maintenance
accounts, and the Procurement accounts: Provided, That these
budget justification documents shall include a description of the
funding requested for each anticipated contingency operation, for
each military service, to include active duty and Guard and Reserve
components, and for each appropriation account: Provided further,
That these documents shall include estimated costs for each element
of expense or object class, a reconciliation of increases and decreases
for ongoing contingency operations, and programmatic data
including, but not limited to troop strength for each active duty
and Guard and Reserve component, and estimates of the major
H. R. 4576—41
weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP–
5 and OP–32, as defined in the Department of Defense Financial
Management Regulation, for the Overseas Contingency Operations
Transfer Fund for fiscal years 2000 and 2001.
SEC. 8098. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8099. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any advanced concept tech-
nology demonstration project may only be obligated 30 days after
a report, including a description of the project and its estimated
annual and total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying
to the congressional defense committees that it is in the national
interest to do so.
SEC. 8100. Notwithstanding any other provision of law, for
the purpose of establishing all Department of Defense policies gov-
erning the provision of care provided by and financed under the
military health care system’s case management program under
10 U.S.C. 1079(a)(17), the term ‘‘custodial care’’ shall be defined
as care designed essentially to assist an individual in meeting
the activities of daily living and which does not require the super-
vision of trained medical, nursing, paramedical or other specially
trained individuals: Provided, That the case management program
shall provide that members and retired members of the military
services, and their dependents and survivors, have access to all
medically necessary health care through the health care delivery
system of the military services regardless of the health care status
of the person seeking the health care: Provided further, That the
case management program shall be the primary obligor for payment
of medically necessary services and shall not be considered as
secondarily liable to title XIX of the Social Security Act, other
welfare programs or charity based care.
SEC. 8101. During the current fiscal year—
(1) refunds attributable to the use of the Government travel
card and refunds attributable to official Government travel arranged
by Government Contracted Travel Management Centers may be
credited to operation and maintenance accounts of the Department
of Defense which are current when the refunds are received; and
(2) refunds attributable to the use of the Government Purchase
Card by military personnel and civilian employees of the Depart-
ment of Defense may be credited to accounts of the Department
of Defense that are current when the refunds are received and
that are available for the same purposes as the accounts originally
charged.
SEC. 8102. (a) REGISTERING INFORMATION TECHNOLOGY SYS-
TEMS WITH DOD CHIEF INFORMATION OFFICER.—None of the funds
appropriated in this Act may be used for a mission critical or
mission essential information technology system (including a system
funded by the defense working capital fund) that is not registered