H. R. 4576—42
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 information 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 the current fiscal year, a major automated
information system may not receive Milestone I approval, Milestone
II approval, or Milestone III approval, or their equivalent, within
the Department of Defense until the Chief Information Officer
certifies, with respect to that milestone, 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 appropriate, 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 Global Information Grid.
(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. 8103. 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
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. 8104. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
H. R. 4576—43
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
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. 8105. 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. 8106. 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.
(TRANSFER OF FUNDS)
SEC. 8107. Of the funds made available under the heading
‘‘Operation and Maintenance, Air Force’’, $10,000,000 shall be trans-
ferred to the Department of Transportation to enable the Secretary
of Transportation to realign railroad track on Elmendorf Air Force
Base and Fort Richardson.
SEC. 8108. 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 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. 8109. During the current fiscal year, under regulations
prescribed by the Secretary of Defense, the Center of Excellence
for Disaster Management and Humanitarian Assistance may also
pay, or authorize payment for, the expenses of providing or facili-
tating education and training for appropriate military and civilian
H. R. 4576—44
personnel of foreign countries in disaster management, peace oper-
ations, and humanitarian assistance: Provided, That not later than
April 1, 2001, the Secretary of Defense shall submit to the congres-
sional defense committees a report regarding the training of foreign
personnel conducted under this authority during the preceding fiscal
year for which expenses were paid under the section: Provided
further, That the report shall specify the countries in which the
training was conducted, the type of training conducted, and the
foreign personnel trained.
SEC. 8110. (a) The Department of Defense is authorized to
enter into agreements with the Veterans Administration and feder-
ally-funded health agencies providing services to Native Hawaiians
for the purpose of establishing a partnership similar to the Alaska
Federal Health Care Partnership, in order to maximize Federal
resources in the provision of health care services by federally-
funded health agencies, applying telemedicine technologies. For the
purpose of this partnership, Native Hawaiians shall have the same
status as other Native Americans who are eligible for the health
care services provided by the Indian Health Service.
(b) The Department of Defense is authorized to develop a con-
sultation policy, consistent with Executive Order No. 13084 (issued
May 14, 1998), with Native Hawaiians for the purpose of assuring
maximum Native Hawaiian participation in the direction and
administration of governmental services so as to render those serv-
ices more responsive to the needs of the Native Hawaiian commu-
nity.
(c) For purposes of this section, the term ‘‘Native Hawaiian’’
means any individual who is a descendant of the aboriginal people
who, prior to 1778, occupied and exercised sovereignty in the area
that now comprises the State of Hawaii.
SEC. 8111. None of the funds appropriated or otherwise made
available by this Act or any other Act may be made available
for reconstruction activities in the Republic of Serbia (excluding
the province of Kosovo) as long as Slobodan Milosevic remains
the President of the Federal Republic of Yugoslavia (Serbia and
Montenegro).
SEC. 8112. In addition to the amounts provided elsewhere in
this Act, the amount of $7,500,000 is hereby appropriated for ‘‘Oper-
ation and Maintenance, Defense-Wide’’, to be available, notwith-
standing any other provision of law, only for a grant to the United
Service Organizations Incorporated, a federally chartered corpora-
tion under chapter 2201 of title 36, United States Code. The grant
provided for by this section is in addition to any grant provided
for under any other provision of law.
SEC. 8113. Of the funds made available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, up to
$5,000,000 shall be available to provide assistance, by grant or
otherwise, to public school systems that have unusually high con-
centrations of special needs military dependents enrolled: Provided,
That in selecting school systems to receive such assistance, special
consideration shall be given to school systems in States that are
considered overseas assignments.
SEC. 8114. In addition to the amounts provided elsewhere in
this Act, the amount of $5,000,000 is hereby appropriated for ‘‘Oper-
ation and Maintenance, Defense-Wide’’, to be available, notwith-
standing any other provision of law, only for a grant to the High
Desert Partnership in Academic Excellence Foundation, Inc., for
H. R. 4576—45
the purpose of developing, implementing, and evaluating a stand-
ards and performance based academic model at schools adminis-
tered by the Department of Defense Education Activity.
SEC. 8115. (a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of the Air Force may convey at no
cost to the Air Force, without consideration, to Indian tribes located
in the States of North Dakota, South Dakota, Montana, and Min-
nesota relocatable military housing units located at Grand Forks
Air Force Base and Minot Air Force Base that are excess to the
needs of the Air Force.
(b) PROCESSING OF REQUESTS.—The Secretary of the Air Force
shall convey, at no cost to the Air Force, military housing units
under subsection (a) in accordance with the request for such units
that are submitted to the Secretary by the Operation Walking
Shield Program on behalf of Indian tribes located in the States
of North Dakota, South Dakota, Montana, and Minnesota.
(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The Operation
Walking Shield program shall resolve any conflicts among requests
of Indian tribes for housing units under subsection (a) before
submitting requests to the Secretary of the Air Force under sub-
section (b).
(d) INDIAN TRIBE DEFINED.—In this section, the term ‘‘Indian
tribe’’ means any recognized Indian tribe included on the current
list published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public Law
103–454; 108 Stat. 4792; 25 U.S.C. 479a–1).
SEC. 8116. Of the amounts appropriated in the Act under
the heading ‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, $51,000,000 shall be available for the purpose of adjusting
the cost-share of the parties under the Agreement between the
Department of Defense and the Ministry of Defence of Israel for
the Arrow Deployability Program.
SEC. 8117. The Secretary of Defense shall fully identify and
determine the validity of health care contract liabilities, requests
for equitable adjustment, and claims for unanticipated health care
contract costs: Provided, That the Secretary of Defense shall estab-
lish an equitable and timely process for the adjudication of claims,
and recognize actual liabilities during the Department’s planning,
programming and budgeting process: Provided further, That not
later than March 1, 2001, the Secretary of Defense shall submit
a report to the congressional defense committees on the scope
and extent of health care contract claims, and on the action taken
to implement the provisions of this section: Provided further, That
nothing in this section should be construed as congressional direc-
tion to liquidate or pay any claims that otherwise would not have
been adjudicated in favor of the claimant.
SEC. 8118. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year may
be used to fund civil requirements associated with the satellite
and ground control segments of such system’s modernization pro-
gram.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8119. Of the amounts appropriated in this Act under
the 
heading 
‘‘Operation 
and 
Maintenance, 
Defense-Wide’’,
$115,000,000 shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of Defense