H. R. 2561—48
combat flight training for the Navy, Marine Corps and Air Force
covering 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 assigned to these squadrons; the
number of training sorties for all forms of combat flight training
which require aggressor aircraft, and the number of sorties that
the dedicated aggressor squadrons can generate to meet these
requirements; 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 performance characteristics of the
aircraft assigned to dedicated aggressor squadrons compared to
the performance characteristics of the aircraft they are intended
to represent in training scenarios; an assessment of pilot proficiency
by year from 1986 to the present; service recommendations to
enhance aggressor squadron proficiency to include number of dedi-
cated aircraft, equipment, facilities, and personnel; and a plan
that proposes improvements in dissimilar aircraft air combat
training.
SEC. 8114. 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: Provided, That the Depart-
ment of Defense Office of the Inspector General shall provide a
report to the House and Senate Committees on Appropriations
not later than 90 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 Undersecretary of Defense (Comptroller) directives
which govern funding for maintenance and repairs to flag officer
quarters: Provided further, That this report shall include an assess-
ment as to whether there have been violations of the Anti-Deficiency
Act resulting from instances of improper funding of such mainte-
nance and repair projects.
SEC. 8115. 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: Provided further, That none of the funds appro-
priated under the heading ‘‘Research, Development, Test and
Evaluation, Defense-Wide’’ in the Department of Defense Appropria-
tions Act, 1999 (Public Law 105–262) which remain available for
obligation are available for the Line of Sight Anti-Tank Program:
Provided further, 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.
H. R. 2561—49
SEC. 8116. None of the funds appropriated under the heading
‘‘Research, Development, Test and Evaluation, Defense-Wide’’ in
the Department of Defense Appropriations Act, 1999 (Public Law
105–262) which remain available for obligation are available for
the Medium Extended Air Defense System or successor systems.
SEC. 8117. 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 purpose of locating, identifying the bound-
aries of, acquiring, preserving, and memorializing the cemetery
site that is located 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 without regard to section 1301 of title 31,
United States Code, or any other provision of law.
SEC. 8118. 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. 8119. 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 Cen-
ters 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 Pur-
chase Card by military personnel and civilian employees of
the Department of Defense may be credited to accounts of
the Department of Defense that are current when the refunds
are received and that are available for the same purposes
as the accounts originally charged.
SEC. 8120. During the current fiscal year and hereafter, any
Federal grant of funds to an institution of higher education to
be available solely for student financial assistance 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 Departments of Labor, Health and Human
Services, Education, and Related Agencies Appropriations Act, 1997
(10 U.S.C. 503 note), or section 983 of title 10, United States
Code.
H. R. 2561—50
SEC. 
8121. 
(a) 
REGISTERING
INFORMATION
TECHNOLOGY
SYSTEMS WITH DOD CHIEF INFORMATION OFFICER.—After March
31, 2000, 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 with the Chief Information Officer
of the Department of Defense. A system shall be considered to
be registered with that officer upon the furnishing to that officer
of notice of the system, together with such information concerning
the system as the Secretary of Defense may prescribe. An informa-
tion technology system shall be considered a mission critical or
mission essential information technology system as defined by the
Secretary of Defense.
(b) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN
ACT.—(1) During fiscal year 2000, a major automated information
system may not receive Milestone I approval, Milestone II approval,
or Milestone III approval within the Department of Defense until
the Chief Information Officer certifies, with respect to that mile-
stone, that the system is being developed in accordance with the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief
Information Officer may require additional certifications, as appro-
priate, with respect to any such system.
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification of certifications under
paragraph (1). Each such notification shall include, at a minimum,
the funding baseline and milestone schedule for each system covered
by such a certification and confirmation that the following steps
have been taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of
the return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the
Department’s Command, Control, Communications, Computers,
Intelligence, 
Surveillance, 
and 
Reconnaissance 
(C4ISR)
Architecture Framework.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means the senior
official of the Department of Defense designated by the Sec-
retary of Defense pursuant to section 3506 of title 44, United
States Code.
(2) The term ‘‘information technology system’’ has the
meaning given the term ‘‘information technology’’ in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(3) The term ‘‘major automated information system’’ has
the meaning given that term in Department of Defense Direc-
tive 5000.1.
SEC. 8122. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide
support to another department or agency of the United States
if such department or agency is more than 90 days in arrears
in making payment to the Department of Defense for goods or
services previously provided to such department or agency on a
reimbursable basis: Provided, That this restriction shall not apply
if the department is authorized by law to provide support to such
department or agency on a nonreimbursable basis, and is providing
H. R. 2561—51
the requested support pursuant to such authority: Provided further,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
SEC. 8123. (a) RECOVERY OF CERTAIN DOD ADMINISTRATIVE
EXPENSES IN CONNECTION WITH FOREIGN MILITARY SALES PRO-
GRAM.—Charges for administrative services calculated under section
21(e) of the Arms Export Control Act (22 U.S.C. 2761(e)) in connec-
tion with the sale of defense articles or defense services shall
(notwithstanding paragraph (3) of section 43(b) of such Act (22
U.S.C. 2792(b))) include recovery of administrative expenses
incurred by the Department of Defense during fiscal year 2000
that are attributable to: (1) salaries of members 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 to in subsection (a)(1).
(c) REDUCTIONS TO REFLECT AMOUNTS EXPECTED TO BE RECOV-
ERED.—(1) The amounts in title I of this Act are hereby reduced
by an aggregate of $63,000,000 (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. 8124. (a) The Communications Act of 1934 is amended
in section 337(b) (47 U.S.C. 337(b)), by deleting paragraph (2).
Upon the enactment of this provision, the Federal Communications
Commission shall initiate the competitive bidding process in fiscal
year 1999 and shall conduct the competitive bidding in a manner
that ensures that all proceeds of such bidding are deposited in
accordance with section 309( j)(8) of the Act not later than Sep-
tember 30, 2000. To expedite the assignment 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 governing such fre-
quencies. Notwithstanding section 309(b) of the Act, no application
for an instrument of authorization for such frequencies shall be
granted by the Commission earlier than 7 days following issuance
of public notice by the Commission of the acceptance for filing
of such application or of any substantial amendment thereto. Not-
withstanding section 309(d)(1) of such Act, the Commission 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 Management and Budget
and the Federal Communications Commission shall each submit
to the appropriate congressional committees a report which shall—
H. R. 2561—52
(A) set forth the anticipated schedule (including specific
dates) for—
(i) preparing and conducting the competitive bidding
process required by subsection (a); and
(ii) depositing the receipts of the competitive 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 activities (including the deposit
of receipts) when compared with the schedule for the competi-
tive 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 enactment 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 comple-
tion 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 competi-
tive bidding process required by subsection (a), including
preparation, commencement and completion, and deposit of
receipts, will differ 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 appropriate congressional
committees the report which shall—
(A) describe the course of the competitive bidding process
required by subsection (a) through September 30, 2000,
including the amount of any receipts from the competitive
bidding process deposited in the Treasury as of September
30, 2000; and
(B) if the course of the competitive bidding process has
included any deviations from the schedule set forth under para-
graph (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 submittal of the reports
required of the Commission by this subsection.
(4) In this subsection, the term ‘‘appropriate congressional
committees’’ means the following:
(A) The Committees on Appropriations, the Budget, and
Commerce of the Senate.
(B) The Committees on Appropriations, the Budget, and
Commerce of the House of Representatives.
(c) Nothing in this section shall be construed to supercede
the requirements placed on the Federal Communications Commis-
sion by 47 U.S.C. 337(d)(4).
H. R. 2561—53
SEC. 8125. (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 December 15, 1999. The report
(including the preliminary report) should be prepared in consulta-
tion with the Chairman of the Joint Chiefs of Staff, the Commander
in Chief of the United States Central Command, and the Com-
mander in Chief of the United States European Command.
(b) REVIEW
OF SUCCESSES
AND DEFICIENCIES.—The report
should contain a thorough review of the successes and deficiencies
of these operations, with respect to the following matters:
(1) United States military objectives in these operations.
(2) With respect to Operation Allied Force, the military
strategy of the North Atlantic Treaty Organization (NATO)
to obtain said military objectives.
(3) The command structure for the execution of Operation
Allied Force.
(4) The process for identifying, nominating, selecting, 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 civilian, to include
bridges, roads, rail lines, airfields, power generating plants,
broadcast facilities, oil refining infrastructure, fuel and
munitions storage installations, industrial plants producing
military equipment, command and control nodes, civilian
leadership bunkers and military 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 ballistic missile programs, and
any military units or organizations associated with such
activities within Iraq; and
(D) a discussion of decoy, deception and counter-intel-
ligence techniques employed by the Iraqi and Serbian mili-
tary.
(6) The use and performance of United States military
equipment, weapon systems, munitions, and national and tac-
tical reconnaissance and surveillance assets (including items
classified under special access procedures) and an analysis of—
(A) any equipment or capabilities that were in research
and development and if available 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’ respective 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.
H. R. 2561—54
(7) Command, control, communications and operational
security of NATO forces as a whole and United States forces
separately during Operation Allied Force, including the ability
of United States aircraft to operate with aircraft of other
nations without 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 United States inventory that was not deployed, and
a critique of the training provided to operational personnel
prior to and during the deployment).
(9) The use of electronic warfare assets, in particular an
assessment of the adequacy of EA–6B aircraft in terms of
inventory, capabilities, deficiencies, and ability to provide logis-
tics 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) intelligence and counterintel-
ligence systems and personnel, including an assessment of the
targeting selection 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 operations
as regards the ability of United States Armed Forces and
intelligence capabilities to carry out the current national secu-
rity strategy, including—
(A) whether the Department of Defense and its compo-
nents, and the intelligence community and its components,
have sufficient force structure and manning as well as
equipment (to include items such as munitions stocks) to
deploy, prosecute and sustain operations in a second major
theater of war as called for under the current national
security strategy;
(B) which, if any aspects, of currently programmed
manpower, operations, training and other readiness pro-
grams, and weapons and other systems are found to be
inadequate in terms of supporting the national military
strategy; and
(C) what adjustments need to be made to current
defense planning and budgets, and specific programs to
redress any deficiencies identified by this analysis.
SEC. 8126. 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 nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an
entity performing demilitarization services for the Department of
Defense under a contract that requires the entity to demonstrate
H. R. 2561—55
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.
SEC. 8127. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise would
be required under 10 U.S.C. 2667, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in 32 U.S.C. 508(d), or any other youth, social, or fraternal
non-profit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case basis.
SEC. 8128. In the current fiscal year and hereafter, funds
appropriated for the Pacific Disaster Center may be obligated to
carry out such missions as the Secretary of Defense may specify
for disaster information management and related supporting activi-
ties in the geographic area of responsibility of the Commander
in Chief, Pacific and beyond in support of a global disaster informa-
tion network: Provided, That the Secretary may enable the Pacific
Disaster Center and its derivatives to enter into flexible public-
private cooperative arrangements for the delegation or implementa-
tion of some or all of its missions and accept and provide grants,
or other remuneration to or from any agency of the Federal Govern-
ment, State or local government, private source or foreign govern-
ment to carry out any of its activities: Provided further, That
the Pacific Disaster Center may not accept any remuneration or
provide any service or grant which could compromise national secu-
rity.
SEC. 8129. Notwithstanding any other provision in this Act,
the total amount appropriated in title I of this Act is hereby reduced
by $1,838,426,000 to reflect amounts appropriated in Public Law
106–31. This amount is to be distributed as follows:
‘‘Military Personnel, Army’’, $559,533,000;
‘‘Military Personnel, Navy’’, $436,773,000;
‘‘Military Personnel, Marine Corps’’, $177,980,000;
‘‘Military Personnel, Air Force’’, $471,892,000;
‘‘Reserve Personnel, Army’’, $40,574,000;
‘‘Reserve Personnel, Navy’’, $29,833,000;
‘‘Reserve Personnel, Marine Corps’’, $7,820,000;
‘‘Reserve Personnel, Air Force’’, $13,143,000;
‘‘National Guard Personnel, Army’’, $70,416,000; and
‘‘National Guard Personnel, Air Force’’, $30,462,000.
SEC. 8130. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act, may be
obligated for environmental remediation under indefinite delivery/
indefinite quantity contracts with a total contract value of
$130,000,000 or higher.
SEC. 8131. Of the funds made available under the heading
‘‘Operation and Maintenance, Air Force’’, $5,000,000 shall be trans-
ferred to the Department of Transportation to enable the Secretary
of Transportation to realign railroad track on Elmendorf Air Force
Base.
SEC. 8132. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
H. R. 2561—56
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be
made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with
another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8133. MULTI-YEAR AIRCRAFT LEASE PILOT PROGRAM. (a)
The Secretary of the Air Force may establish a multi-year pilot
program for leasing aircraft for operational support purposes,
including transportation for the combatant Commanders in Chief,
on such terms and conditions as the Secretary may deem appro-
priate, consistent with this section.
(b) Sections 2401 and 2401a of title 10, United States Code,
shall not apply to any aircraft lease authorized by this section.
(c) Under the aircraft lease Pilot Program authorized by this
section:
(1) The Secretary may include terms and conditions in
lease agreements that are customary in aircraft leases by a
non-Government lessor to a non-Government lessee.
(2) The term of any individual lease agreement into which
the Secretary enters under this section shall not exceed 10
years.
(3) The Secretary may provide for special payments to
a lessor if either the Secretary terminates or cancels the lease
prior to the expiration of its term or aircraft are damaged
or destroyed prior to the expiration of the term of the lease.
Such special payments shall not exceed an amount equal to
the value of one year’s lease payment under the lease. The
amount of special payments shall be subject to negotiation
between the Air Force and lessors.
(4) Notwithstanding any other provision of law, any pay-
ments required under a lease under this section, and any
payments made pursuant to subsection (3) above may be made
from:
(A) appropriations available for the performance of the
lease at the time the lease takes effect;
(B) appropriations for the operation and maintenance
available at the time which the payment is due; and
(C) funds appropriated for those payments.
(5) The Secretary may lease aircraft, on such terms and
conditions as the Secretary may deem appropriate, consistent
with this section, through an operating lease consistent with
OMB Circular A–11.
(6) The Secretary may exchange or sell existing aircraft
and apply the exchange allowance or sale proceeds in whole
or in part toward the cost of leasing replacement aircraft under
this section.