IB
106TH CONGRESS
2D SESSION
H. R. 4576
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 2000
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for the Department of Defense for
the fiscal year ending September 30, 2001, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
Ω1æThat the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2001, for military func-
tions administered by the Department of Defense, and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
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tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the
Army on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets;
and for payments pursuant to section 156 of Public Law
97–377, as amended (42 U.S.C. 402 note), to section
229(b) of the Social Security Act (42 U.S.C. 429(b)), and
to the Department of Defense Military Retirement Fund,
$22,242,457,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the
Navy on active duty (except members of the Reserve pro-
vided for elsewhere), midshipmen, and aviation cadets; and
for payments pursuant to section 156 of Public Law 97–
377, as amended (42 U.S.C. 402 note), to section 229(b)
of the Social Security Act (42 U.S.C. 429(b)), and to the
Department
of
Defense
Military
Retirement
Fund,
$17,799,297,000.
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MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C.
402 note), to section 229(b) of the Social Security Act
(42 U.S.C. 429(b)), and to the Department of Defense
Military Retirement Fund, $6,818,300,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Air
Force on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets;
and for payments pursuant to section 156 of Public Law
97–377, as amended (42 U.S.C. 402 note), to section
229(b) of the Social Security Act (42 U.S.C. 429(b)), and
to the Department of Defense Military Retirement Fund,
$18,238,234,000.
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RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and
3038 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or
while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and for members
of the Reserve Officers’ Training Corps, and expenses au-
thorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund, $2,463,320,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in con-
nection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing re-
serve training, or while performing drills or equivalent
duty, and for members of the Reserve Officers’ Training
Corps, and expenses authorized by section 16131 of title
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10, United States Code; and for payments to the Depart-
ment
of
Defense
Military
Retirement
Fund,
$1,566,095,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title
10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiv-
alent duty, and for members of the Marine Corps platoon
leaders class, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department
of
Defense
Military
Retirement
Fund,
$440,886,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and
8038 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or
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Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,635,681,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary
for the operation and maintenance of the Army, as author-
ized by law; and not to exceed $10,616,000 can be used
for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of
the Army, and payments may be made on his certificate
of
necessity
for
confidential
military
purposes,
$19,386,843,000 and, in addition, $50,000,000 shall be
derived by transfer from the National Defense Stockpile
Transaction Fund: Provided, That of the funds made
available under this heading, $6,000,000, to remain avail-
able until expended, shall be transferred to ‘‘National
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Park Service—Construction’’ within 30 days of enactment
of this Act, only for necessary infrastructure repair im-
provements at Fort Baker, under the management of the
Golden Gate Recreation Area: Provided further, That of
the funds appropriated in this paragraph, not less than
$355,000,000 shall be made available only for conven-
tional ammunition care and maintenance.
OPERATION AND MAINTENANCE, NAVY
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary
for the operation and maintenance of the Navy and the
Marine Corps, as authorized by law; and not to exceed
$5,146,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of
the Secretary of the Navy, and payments may be made
on his certificate of necessity for confidential military pur-
poses, $23,426,830,000 and, in addition, $50,000,000
shall be derived by transfer from the National Defense
Stockpile Transaction Fund.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary
for the operation and maintenance of the Marine Corps,
as authorized by law, $2,813,091,000.
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OPERATION AND MAINTENANCE, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary
for the operation and maintenance of the Air Force, as
authorized by law; and not to exceed $7,878,000 can be
used for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of
the Air Force, and payments may be made on his certifi-
cate
of
necessity
for
confidential
military
purposes,
$22,316,797,000 and, in addition, $50,000,000, shall be
derived by transfer from the National Defense Stockpile
Transaction Fund: Provided, That notwithstanding any
other provision of law, that of the funds available under
this heading, $500,000 shall only be available to the Sec-
retary of the Air Force for a grant to Florida Memorial
College for the purpose of funding minority aviation train-
ing.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military
departments), as authorized by law, $11,803,743,000, of
which not to exceed $25,000,000 may be available for the
CINC initiative fund account; and of which not to exceed
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$32,700,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or author-
ity of the Secretary of Defense, and payments may be
made on his certificate of necessity for confidential mili-
tary purposes: Provided, That of the amount provided
under this heading, $10,000,000, to remain available until
expended, is available only for expenses relating to certain
classified activities, and may be transferred as necessary
by the Secretary of Defense to operation and maintenance,
procurement, and research, development, test and evalua-
tion appropriations accounts, to be merged with and to
be available for the same time period as the appropriations
to which transferred: Provided further, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided in this Act: Provided fur-
ther, That of the funds made available under this heading,
$15,000,000 shall be available only for retrofitting secu-
rity containers that are under the control of, or that are
accessible by, defense contractors.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
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cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,596,418,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $992,646,000.
OPERATION AND MAINTENANCE, MARINE CORPS
RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger
motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equip-
ment; and communications, $145,959,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Air Force Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
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cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,921,659,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL
GUARD
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and
hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and
equipment (including aircraft), $3,263,235,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National
Guard, including medical and hospital treatment and re-
lated expenses in non-Federal hospitals; maintenance, op-
eration, repair, and other necessary expenses of facilities
for the training and administration of the Air National
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Guard, including repair of facilities, maintenance, oper-
ation, and modification of aircraft; transportation of
things, hire of passenger motor vehicles; supplies, mate-
rials, and equipment, as authorized by law for the Air Na-
tional Guard; and expenses incident to the maintenance
and use of supplies, materials, and equipment, including
such as may be furnished from stocks under the control
of agencies of the Department of Defense; travel expenses
(other than mileage) on the same basis as authorized by
law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National
Guard Bureau, $3,480,375,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contin-
gency
Operations
by
United
States
military
forces,
$4,100,577,000, to remain available until expended: Pro-
vided, That the Secretary of Defense may transfer these
funds only to military personnel accounts; operation and
maintenance accounts within this title; the Defense Health
Program appropriation; procurement accounts; research,
development, test and evaluation accounts; and to working
capital funds: Provided further, That the funds transferred
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shall be merged with and shall be available for the same
purposes and for the same time period, as the appropria-
tion to which transferred: Provided further, That upon a
determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer
authority provided in this paragraph is in addition to any
other transfer authority contained elsewhere in this Act.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
For salaries and expenses necessary for the United
States
Court
of
Appeals
for
the
Armed
Forces,
$8,574,000, of which not to exceed $2,500 can be used
for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $389,932,000, to
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Army, or
for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available
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to the Department of the Army, to be merged with and
to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $294,038,000, to
remain available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Navy, or
for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available
to the Department of the Navy, to be merged with and
to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
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ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $376,300,000,
to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of un-
safe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations
made available to the Department of the Air Force, to be
merged with and to be available for the same purposes
and for the same time period as the appropriations to
which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to
this appropriation.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $23,412,000, to re-
main available until transferred: Provided, That the Sec-
retary of Defense shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
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and debris of the Department of Defense, or for similar
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts
may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $196,499,000, to
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris at sites formerly used by the Depart-
ment of Defense, transfer the funds made available by this
appropriation to other appropriations made available to
the Department of the Army, to be merged with and to
be available for the same purposes and for the same time
period as the appropriations to which transferred: Pro-
vided further, That upon a determination that all or part
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of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of
Defense (consisting of the programs provided under sec-
tions 401, 402, 404, 2547, and 2551 of title 10, United
States Code), $56,900,000, to remain available until Sep-
tember 30, 2002.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet
Union, including assistance provided by contract or by
grants, for facilitating the elimination and the safe and
secure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weap-
on-related technology and expertise; for programs relating
to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons,
weapons components and weapons technology and exper-
tise, $433,400,000, to remain available until September
30, 2003.
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ments to such educational facilities as required to meet
classroom size requirements: Provided further, That the
cumulative amount of any grant or grants to any single
local education authority provided pursuant to the provi-
sions under this heading shall not exceed $1,500,000.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,547,082,000, to remain available
for obligation until September 30, 2003: Provided, That
of the $183,371,000 appropriated under this heading for
the procurement of UH–60 helicopters, $78,520,000 shall
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be available only for the procurement of eight such aircraft
to be provided to the Army Reserve.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including
ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,240,347,000, to remain available
for obligation until September 30, 2003.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For
construction,
procurement,
production,
and
modification of weapons and tracked combat vehicles,
equipment, including ordnance, spare parts, and acces-
sories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
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lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes, $2,634,786,000, to remain available for obliga-
tion until September 30, 2003.
PROCUREMENT OF AMMUNITION, ARMY
For
construction,
procurement,
production,
and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $1,227,386,000, to remain
available for obligation until September 30, 2003.
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OTHER PROCUREMENT, ARMY
For
construction,
procurement,
production,
and
modification of vehicles, including tactical, support, and
non-tracked combat vehicles; the purchase of not to exceed
35 passenger motor vehicles for replacement only; and the
purchase of 12 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to
passenger vehicles but not to exceed $200,000 per vehicle;
communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories there-
for; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,254,564,000, to remain available for obligation until
September 30, 2003.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, spare parts, and accessories therefor; specialized
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equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Govern-
ment
and
contractor-owned
equipment
layaway,
$8,179,564,000, to remain available for obligation until
September 30, 2003.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts,
and accessories therefor; expansion of public and private
plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway, $1,372,112,000, to remain available for obliga-
tion until September 30, 2003.
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PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For
construction,
procurement,
production,
and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $491,749,000, to remain avail-
able for obligation until September 30, 2003.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical,
long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of
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public and private plants, including land necessary there-
for, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title, $12,266,919,000, to remain available for obligation
until September 30, 2005: Provided, That additional obli-
gations may be incurred after September 30, 2005, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage
of ship construction: Provided further, That none of the
funds provided under this heading for the construction or
conversion of any naval vessel to be constructed in ship-
yards in the United States shall be expended in foreign
facilities for the construction of major components of such
vessel: Provided further, That none of the funds provided
under this heading shall be used for the construction of
any naval vessel in foreign shipyards.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of
support equipment and materials not otherwise provided
for, Navy ordnance (except ordnance for new aircraft, new
ships, and ships authorized for conversion); the purchase
of not to exceed 63 passenger motor vehicles for replace-
ment only, and the purchase of one vehicle required for
physical security of personnel, notwithstanding price limi-
tations applicable to passenger vehicles but not to exceed
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construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $2,893,529,000, to remain available for obligation
until September 30, 2003.
PROCUREMENT OF AMMUNITION, AIR FORCE
For
construction,
procurement,
production,
and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $638,808,000, to remain avail-
able for obligation until September 30, 2003.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment,
and ground electronic and communication equipment),
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and supplies, materials, and spare parts therefor, not oth-
erwise provided for; the purchase of not to exceed 173 pas-
senger motor vehicles for replacement only, and the pur-
chase of one vehicle required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $230,000; lease of pas-
senger motor vehicles; and expansion of public and private
plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisi-
tion of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment lay-
away, $7,778,997,000, to remain available for obligation
until September 30, 2003.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments)
necessary for procurement, production, and modification
of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; the purchase of not to ex-
ceed 115 passenger motor vehicles for replacement only;
the purchase of 10 vehicles required for physical security
of personnel, notwithstanding price limitations applicable
to passenger vehicles but not to exceed $250,000 per vehi-
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cle; expansion of public and private plants, equipment, and
installation thereof in such plants, erection of structures,
and acquisition of land for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned
equipment layaway, $2,303,136,000, to remain available
for obligation until September 30, 2003.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant
to sections 108, 301, 302, and 303 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and
2093), $3,000,000 only for microwave power tubes and
to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
ARMY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $6,025,057,000, to remain avail-
able for obligation until September 30, 2002.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
NAVY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $9,222,927,000, to remain avail-
able for obligation until September 30, 2002: Provided,
That funds appropriated in this paragraph which are
available for the V–22 may be used to meet unique re-
quirements of the Special Operation Forces.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
AIR FORCE
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $13,760,689,000, to remain avail-
able for obligation until September 30, 2002: Provided,
That none of the funds in this Act may be used to develop
an ejection seat for the Joint Strike Fighter other than
those developed under the Joint Ejection Seat Program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments),
necessary for basic and applied scientific research, devel-
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opment, test and evaluation; advanced research projects
as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation,
lease,
and
operation
of
facilities
and
equipment,
$10,918,997,000, to remain available for obligation until
September 30, 2002.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary
for the independent activities of the Director, Operational
Test and Evaluation in the direction and supervision of
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to,
and in support of, production decisions; joint operational
testing and evaluation; policy and guidance for the De-
partment’s overall test and evaluation functions; test and
evaluation infrastructure investment and oversight; spe-
cialized assessment capabilities; and administrative ex-
penses in connection therewith, $242,560,000, to remain
available for obligation until September 30, 2002.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For
the
Defense
Working
Capital
Funds,
$916,276,000: Provided, That during fiscal year 2001,
funds in the Defense Working Capital Funds may be used
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for the purchase of not to exceed 330 passenger carrying
motor vehicles for replacement only for the Defense Secu-
rity Service.
NATIONAL DEFENSE SEALIFT FUND
For
National
Defense
Sealift
Fund
programs,
projects, and activities, and for expenses of the National
Defense Reserve Fleet, as established by section 11 of the
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744),
$400,658,000, to remain available until expended: Pro-
vided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for
the acquisition of any of the following major components
unless such components are manufactured in the United
States: auxiliary equipment, including pumps, for all ship-
board services; propulsion system components (that is; en-
gines, reduction gears, and propellers); shipboard cranes;
and spreaders for shipboard cranes: Provided further, That
the exercise of an option in a contract awarded through
the obligation of previously appropriated funds shall not
be considered to be the award of a new contract: Provided
further, That the Secretary of the military department re-
sponsible for such procurement may waive the restrictions
in the first proviso 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
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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.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical
and health care programs of the Department of Defense,
as
authorized
by
law,
$12,143,029,000,
of
which
$11,525,143,000 shall be for Operation and maintenance,
of which not to exceed 2 percent shall remain available
until September 30, 2002; of which $290,006,000, to re-
main available for obligation until September 30, 2003,
shall be for Procurement; of which $327,880,000, to re-
main available for obligation until September 30, 2002,
shall be for Research, development, test and evaluation,
and of which $10,000,000 shall be available for HIV pre-
vention educational activities undertaken in connection
with U.S. military training, exercises, and humanitarian
assistance activities conducted in African nations.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
ARMY
For expenses, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal
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chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not
in the chemical weapon stockpile, $927,100,000, of which
$607,200,000 shall be for Operation and maintenance to
remain available until September 30, 2002, $105,700,000
shall be for Procurement to remain available until Sep-
tember 30, 2003, and $214,200,000 shall be for Research,
development, test and evaluation to remain available until
September 30, 2002: Provided, That of the funds available
under this heading, $1,000,000 shall be available until ex-
pended each year only for a Johnston Atoll off-island leave
program: Provided further, That the Secretaries concerned
shall, pursuant to uniform regulations, prescribe travel
and transportation allowances for travel by participants
in the off-island leave program.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of
the Department of Defense, for transfer to appropriations
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Op-
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eration and maintenance; for Procurement; and for Re-
search, development, test and evaluation, $812,200,000:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
and for the same purpose as the appropriation to which
transferred: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $147,545,000,
of which $144,245,000 shall be for Operation and mainte-
nance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on
the approval or authority of the Inspector General, and
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; and
of which $3,300,000 to remain available until September
30, 2003, shall be for Procurement.
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TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain proper
funding level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$216,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Commu-
nity
Management
Account,
$224,181,000,
of
which
$22,577,000 for the Advanced Research and Development
Committee shall remain available until September 30,
2002: Provided, That of the funds appropriated under this
heading, $33,100,000 shall be transferred to the Depart-
ment of Justice for the National Drug Intelligence Center
to support the Department of Defense’s counter-drug in-
telligence
responsibilities,
and
of
the
said
amount,
$1,500,000 for Procurement shall remain available until
September 30, 2003, and $1,000,000 for Research, devel-
opment, test and evaluation shall remain available until
September 30, 2002.
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PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, RE-
MEDIATION,
AND ENVIRONMENTAL RESTORATION
FUND
For payment to Kaho’olawe Island Conveyance, Re-
mediation, and Environmental Restoration Fund, as au-
thorized by law, $25,000,000, to remain available until ex-
pended.
NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–
183, $6,950,000, to be derived from the National Security
Education Trust Fund, to remain available until ex-
pended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States
shall not apply to personnel of the Department of Defense:
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess
of the percentage increase authorized by law for civilian
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employees of the Department of Defense whose pay is
computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to
its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of De-
fense foreign service national employees serving at United
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall
not apply to foreign national employees of the Department
of Defense in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the
last 2 months of the fiscal year: Provided, That this sec-
tion shall not apply to obligations for support of active
duty training of reserve components or summer camp
training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
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ment and Budget, transfer not to exceed $2,000,000,000
of working capital funds of the Department of Defense
or funds made available in this Act to the Department
of Defense for military functions (except military con-
struction) between such appropriations or funds or any
subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further,
That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority
or any other authority in this Act: Provided further, That
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, unless for higher pri-
ority items, based on unforeseen military requirements,
than those for which originally appropriated and in no
case where the item for which reprogramming is requested
has been denied by the Congress.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
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fense established pursuant to section 2208 of title 10,
United States Code, may be maintained in only such
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further,
That transfers may be made between working capital
funds and the ‘‘Foreign Currency Fluctuations, Defense’’
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of
the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working
capital funds in this Act, no obligations may be made
against a working capital fund to procure or increase the
value of war reserve material inventory, unless the Sec-
retary of Defense has notified the Congress prior to any
such obligation.
SEC. 8007. Funds appropriated by this Act may not
be used to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
SEC. 8008. None of the funds provided in this Act
shall be available to initiate: (1) a multiyear contract that
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employs economic order quantity procurement in excess of
$20,000,000 in any 1 year of the contract or that includes
an unfunded contingent liability in excess of $20,000,000;
or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, un-
less the congressional defense committees have been noti-
fied at least 30 days in advance of the proposed contract
award: Provided, That no part of any appropriation con-
tained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance
procurement is not funded at least to the limits of the
Government’s liability: Provided further, That no part of
any appropriation contained in this Act shall be available
to initiate multiyear procurement contracts for any sys-
tems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear
procurement contract can be terminated without 10–day
prior notification to the congressional defense committees:
Provided further, That the execution of multiyear author-
ity shall require the use of a present value analysis to de-
termine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
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M2A3 Bradley fighting vehicle; DDG–51 de-
stroyer; and UH–60/CH–60 aircraft.
SEC. 8009. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are
hereby appropriated pursuant to section 401 of title 10,
United States Code, for humanitarian and civic assistance
costs under chapter 20 of title 10, United States Code.
Such funds may also be obligated for humanitarian and
civic assistance costs incidental to authorized operations
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported to the Congress on September 30
of each year: Provided, That funds available for operation
and maintenance shall be available for providing humani-
tarian and similar assistance by using Civic Action Teams
in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact
of Free Association as authorized by Public Law 99–239:
Provided further, That upon a determination by the Sec-
retary of the Army that such action is beneficial for grad-
uate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army
may authorize the provision of medical services at such
facilities and transportation to such facilities, on a non-
reimbursable basis, for civilian patients from American
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Samoa, the Commonwealth of the Northern Mariana Is-
lands, the Marshall Islands, the Federated States of Mi-
cronesia, Palau, and Guam.
SEC. 8010. (a) During fiscal year 2001, the civilian
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not
be subject to any constraint or limitation (known as an
end-strength) on the number of such personnel who may
be employed on the last day of such fiscal year.
(b) The fiscal year 2002 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 2002
Department of Defense budget request shall be prepared
and submitted to the Congress as if subsections (a) and
(b) of this provision were effective with regard to fiscal
year 2002.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8011. Notwithstanding any other provision of
law, none of the funds made available by this Act shall
be used by the Department of Defense to exceed, outside
the 50 United States, its territories, and the District of
Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Per-
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sonnel Manual: Provided further, That workyears ex-
pended in dependent student hiring programs for dis-
advantaged youths shall not be included in this workyear
limitation.
SEC. 8012. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8013. (a) None of the funds appropriated by
this Act shall be used to make contributions to the Depart-
ment of Defense Education Benefits Fund pursuant to
section 2006(g) of title 10, United States Code, rep-
resenting the normal cost for future benefits under section
3015(d) of title 38, United States Code, for any member
of the armed services who, on or after the date of the en-
actment of this Act, enlists in the armed services for a
period of active duty of less than 3 years, nor shall any
amounts representing the normal cost of such future bene-
fits be transferred from the Fund by the Secretary of the
Treasury to the Secretary of Veterans Affairs pursuant
to section 2006(d) of title 10, United States Code; nor
shall the Secretary of Veterans Affairs pay such benefits
to any such member: Provided, That these limitations
shall not apply to members in combat arms skills or to
members who enlist in the armed services on or after July
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1, 1989, under a program continued or established by the
Secretary of Defense in fiscal year 1991 to test the cost-
effective use of special recruiting incentives involving not
more than 19 noncombat arms skills approved in advance
by the Secretary of Defense: Provided further, That this
subsection applies only to active components of the Army.
(b) None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any mem-
ber of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Af-
fairs from the Department of Defense Education Benefits
Fund when time spent as a full-time student is credited
toward completion of a service commitment: Provided,
That this subsection shall not apply to those members who
have reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to ac-
tive components of the Army.
SEC. 8014. None of the funds appropriated by this
Act shall be available to convert to contractor performance
an activity or function of the Department of Defense that,
on or after the date of the enactment of this Act, is per-
formed by more than 10 Department of Defense civilian
employees until a most efficient and cost-effective organi-
zation analysis is completed on such activity or function
and certification of the analysis is made to the Committees
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on Appropriations of the House of Representatives and the
Senate: Provided, That this section and subsections (a),
(b), and (c) of 10 U.S.C. 2461 shall not apply to a com-
mercial or industrial type function of the Department of
Defense that: (1) is included on the procurement list es-
tablished pursuant to section 2 of the Act of June 25,
1938 (41 U.S.C. 47), popularly referred to as the Javits-
Wagner-O’Day Act; (2) is planned to be converted to per-
formance by a qualified nonprofit agency for the blind or
by a qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or (3) is
planned to be converted to performance by a qualified firm
under 51 percent Native American ownership.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a
Mentor-Protege
Program
developmental
assistance
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law
101–510; 10 U.S.C. 2301 note), as amended, under the
authority of this provision or any other transfer authority
contained in this Act.
SEC. 8016. None of the funds in this Act may be
available for the purchase by the Department of Defense
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(and its departments and agencies) of welded shipboard
anchor and mooring chain 4 inches in diameter and under
unless the anchor and mooring chain are manufactured
in the United States from components which are substan-
tially manufactured in the United States: Provided, That
for the purpose of this section manufactured will include
cutting, heat treating, quality control, testing of chain and
welding (including the forging and shot blasting process):
Provided further, That for the purpose of this section sub-
stantially all of the components of anchor and mooring
chain shall be considered to be produced or manufactured
in the United States if the aggregate cost of the compo-
nents produced or manufactured in the United States ex-
ceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further,
That when adequate domestic supplies are not available
to meet Department of Defense requirements on a timely
basis, the Secretary of the service responsible for the pro-
curement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations that such an acquisition must be made in order
to acquire capability for national security purposes.
SEC. 8017. None of the funds appropriated by this
Act available for the Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) or Tricare shall
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be available for the reimbursement of any health care pro-
vider for inpatient mental health service for care received
when a patient is referred to a provider of inpatient men-
tal health care or residential treatment care by a medical
or health care professional having an economic interest in
the facility to which the patient is referred: Provided, That
this limitation does not apply in the case of inpatient men-
tal health services provided under the program for persons
with disabilities under subsection (d) of section 1079 of
title 10, United States Code, provided as partial hospital
care, or provided pursuant to a waiver authorized by the
Secretary of Defense because of medical or psychological
circumstances of the patient that are confirmed by a
health professional who is not a Federal employee after
a review, pursuant to rules prescribed by the Secretary,
which takes into account the appropriate level of care for
the patient, the intensity of services required by the pa-
tient, and the availability of that care.
SEC. 8018. Funds available in this Act may be used
to provide transportation for the next-of-kin of individuals
who have been prisoners of war or missing in action from
the Vietnam era to an annual meeting in the United
States, under such regulations as the Secretary of Defense
may prescribe.
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SEC. 8019. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of De-
fense may, by executive agreement, establish with host na-
tion governments in NATO member states a separate ac-
count into which such residual value amounts negotiated
in the return of United States military installations in
NATO member states may be deposited, in the currency
of the host nation, in lieu of direct monetary transfers to
the United States Treasury: Provided, That such credits
may be utilized only for the construction of facilities to
support United States military forces in that host nation,
or such real property maintenance and base operating
costs that are currently executed through monetary trans-
fers to such host nations: Provided further, That the De-
partment of Defense’s budget submission for fiscal year
2002 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property
maintenance or base operating costs that shall be funded
by the host nation through such credits: Provided further,
That all military construction projects to be executed from
such accounts must be previously approved in a prior Act
of Congress: Provided further, That each such executive
agreement with a NATO member host nation shall be re-
ported to the congressional defense committees, the Com-
mittee on International Relations of the House of Rep-
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resentatives and the Committee on Foreign Relations of
the Senate 30 days prior to the conclusion and endorse-
ment of any such agreement established under this provi-
sion.
SEC. 8020. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols.
SEC. 8021. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of
Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government.
SEC. 8022. In addition to the funds provided else-
where in this Act, $8,000,000 is appropriated only for in-
centive payments authorized by section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544): Provided, That
contractors participating in the test program established
by section 854 of Public Law 101–189 (15 U.S.C. 637
note) shall be eligible for the program established by sec-
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tion 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544).
SEC. 8023. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of Co-
lumbia may be used for the pay, allowances, and benefits
of an employee as defined by section 2105 of title 5,
United States Code, or an individual employed by the gov-
ernment of the District of Columbia, permanent or tem-
porary indefinite, who—
(1) is a member of a Reserve component of the
Armed Forces, as described in section 10101 of title
10, United States Code, or the National Guard, as
described in section 101 of title 32, United States
Code;
(2) performs, for the purpose of providing mili-
tary aid to enforce the law or providing assistance
to civil authorities in the protection or saving of life
or property or prevention of injury—
(A) Federal service under section 331,
332, 333, or 12406 of title 10, United States
Code, or other provision of law, as applicable;
or
(B) full-time military service for his or her
State, the District of Columbia, the Common-
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wealth of Puerto Rico, or a territory of the
United States; and
(3) requests and is granted—
(A) leave under the authority of this sec-
tion; or
(B) annual leave, which may be granted
without regard to the provisions of sections
5519 and 6323(b) of title 5, United States
Code, if such employee is otherwise entitled to
such annual leave:
Provided, That any employee who requests leave under
subsection (3)(A) for service described in subsection (2)
of this section is entitled to such leave, subject to the pro-
visions of this section and of the last sentence of section
6323(b) of title 5, United States Code, and such leave
shall be considered leave under section 6323(b) of title 5,
United States Code.
SEC. 8024. None of the funds appropriated by this
Act shall be available to perform any cost study pursuant
to the provisions of OMB Circular A–76 if the study being
performed exceeds a period of 24 months after initiation
of such study with respect to a single function activity or
48 months after initiation of such study for a multi-func-
tion activity.
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SEC. 8025. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8026. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust
wage rates for civilian employees hired for certain health
care occupations as authorized for the Secretary of Vet-
erans Affairs by section 7455 of title 38, United States
Code.
Sec. 8027. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce
the WC–130 Weather Reconnaissance mission below the
levels funded in this Act.
SEC. 8028. (a) Of the funds for the procurement of
supplies or services appropriated by this Act, qualified
nonprofit agencies for the blind or other severely handi-
capped shall be afforded the maximum practicable oppor-
tunity to participate as subcontractors and suppliers in the
performance of contracts let by the Department of De-
fense.
(b) During the current fiscal year, a business concern
which has negotiated with a military service or defense
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agency a subcontracting plan for the participation by
small business concerns pursuant to section 8(d) of the
Small Business Act (15 U.S.C. 637(d)) shall be given
credit toward meeting that subcontracting goal for any
purchases made from qualified nonprofit agencies for the
blind or other severely handicapped.
(c) For the purpose of this section, the phrase ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
SEC. 8029. During the current fiscal year, net re-
ceipts pursuant to collections from third party payers pur-
suant to section 1095 of title 10, United States Code, shall
be made available to the local facility of the uniformed
services responsible for the collections and shall be over
and above the facility’s direct budget amount.
SEC. 8030. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government
of Kuwait, under that section: Provided, That upon re-
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ceipt, such contributions from the Government of Kuwait
shall be credited to the appropriations or fund which in-
curred such obligations.
SEC. 8031. (a) None of the funds appropriated in this
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and
other non-profit entities.
(b) No member of a Board of Directors, Trustees,
Overseers, Advisory Group, Special Issues Panel, Visiting
Committee, or any similar entity of a defense FFRDC,
and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in
a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership duties.
(c) Notwithstanding any other provision of law, none
of the funds available to the department from any source
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during fiscal year 2001 may be used by a defense FFRDC,
through a fee or other payment mechanism, for construc-
tion of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of
contract overruns, or for certain charitable contributions,
not to include employee participation in community service
and/or development.
(d) Notwithstanding any other provision of law, of
the funds available to the department during fiscal year
2001, not more than 6,227 staff years of technical effort
(staff years) may be funded for defense FFRDCs: Pro-
vided, That of the specific amount referred to previously
in this subsection, not more than 1,009 staff years may
be funded for the defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submis-
sion of the department’s fiscal year 2002 budget request,
submit a report presenting the specific amounts of staff
years of technical effort to be allocated for each defense
FFRDC during that fiscal year.
SEC. 8032. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of
Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement re-
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strictions shall apply to any and all Federal Supply Class
9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications
of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible
for the procurement 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: Pro-
vided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enact-
ment of this Act.
SEC. 8033. For the purposes of this Act, the term
‘‘congressional defense committees’’ means the Armed
Services Committee of the House of Representatives, the
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations
of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representa-
tives.
SEC. 8034. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot
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maintenance and repair of aircraft, vehicles and vessels
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or defense agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A–
76 shall not apply to competitions conducted under this
section.
SEC. 8035. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the
terms of the agreement by discriminating against certain
types of products produced in the United States that are
covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced
in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
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pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense
purchases from foreign entities in fiscal year 2001. Such
report shall separately indicate the dollar value of items
for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy
American Act’’ means title III of the Act entitled ‘‘An Act
making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934,
and for other purposes’’, approved March 3, 1933 (41
U.S.C. 10a et seq.).
SEC. 8036. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
a result of energy cost savings realized by the Department
of Defense shall remain available for obligation for the
next fiscal year to the extent, and for the purposes, pro-
vided in section 2865 of title 10, United States Code.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8037. Amounts deposited during the current fis-
cal year to the special account established under 40 U.S.C.
485(h)(2) and to the special account established under 10
U.S.C. 2667(d)(1) are appropriated and shall be available
until transferred by the Secretary of Defense to current
applicable appropriations or funds of the Department of
Defense under the terms and conditions specified by 40
U.S.C.
485(h)(2)(A)
and
(B)
and
U.S.C.
2667(d)(1)(B), to be merged with and to be available for
the same time period and the same purposes as the appro-
priation to which transferred.
SEC. 8038. The President shall include with each
budget for a fiscal year submitted to the Congress under
section 1105 of title 31, United States Code, materials
that shall identify clearly and separately the amounts re-
quested in the budget for appropriation for that fiscal year
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military depart-
ments, and the defense agencies.
SEC. 8039. Notwithstanding any other provision of
law, funds available for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’ may be obligated for the Young
Marines program.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8040. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act
of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall
be available until expended for the payments specified by
section 2921(c)(2) of that Act: Provided, That none of the
funds made available for expenditure under this section
may be transferred or obligated until 30 days after the
Secretary of Defense submits a report which details the
balance available in the Overseas Military Facility Invest-
ment Recovery Account, all projected income into the ac-
count during fiscal years 2001 and 2002, and the specific
expenditures to be made using funds transferred from this
account during fiscal year 2001.
SEC. 8041. Of the funds appropriated or otherwise
made available by this Act, not more than $119,200,000
shall be available for payment of the operating costs of
NATO Headquarters: Provided, That the Secretary of De-
fense may waive this section for Department of Defense
support provided to NATO forces in and around the
former Yugoslavia.
SEC. 8042. During the current fiscal year, appropria-
tions which are available to the Department of Defense
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for operation and maintenance may be used to purchase
items having an investment item unit cost of not more
than $100,000.
SEC. 8043. (a) During the current fiscal year, none
of the appropriations or funds available to the Department
of Defense Working Capital Funds shall be used for the
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable
to the Department of Defense Business Operations Fund
during fiscal year 1994 and if the purchase of such an
investment item would be chargeable during the current
fiscal year to appropriations made to the Department of
Defense for procurement.
(b) The fiscal year 2002 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 2002
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be
budgeted for in a proposed fiscal year 2002 procurement
appropriation and not in the supply management business
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area or any other area or category of the Department of
Defense Working Capital Funds.
SEC. 8044. None of the funds appropriated by this
Act for programs of the Central Intelligence Agency shall
remain available for obligation beyond the current fiscal
year, except for funds appropriated for the Reserve for
Contingencies, which shall remain available until Sep-
tember 30, 2002: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund
during this or any prior or subsequent fiscal year shall
remain available until expended.
SEC. 8045. Notwithstanding any other provision of
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands.
SEC. 8046. Of the funds appropriated by the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, Defense-Wide’’, not less than $8,000,000 shall be
made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
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formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities.
SEC. 8047. Amounts collected for the use of the fa-
cilities of the National Science Center for Communications
and Electronics during the current fiscal year pursuant
to section 1459(g) of the Department of Defense Author-
ization Act, 1986, and deposited to the special account es-
tablished under subsection 1459(g)(2) of that Act are ap-
propriated and shall be available until expended for the
operation and maintenance of the Center as provided for
in subsection 1459(g)(2).
SEC. 8048. None of the funds appropriated in this
Act may be used to fill the commander’s position at any
military medical facility with a health care professional
unless the prospective candidate can demonstrate profes-
sional administrative skills.
SEC. 8049. (a) None of the funds appropriated in this
Act may be expended by an entity of the Department of
Defense unless the entity, in expending the funds, com-
plies with the Buy American Act. For purposes of this
subsection, the term ‘‘Buy American Act’’ means title III
of the Act entitled ‘‘An Act making appropriations for the
Treasury and Post Office Departments for the fiscal year
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ending June 30, 1934, and for other purposes’’, approved
March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a per-
son has been convicted of intentionally affixing a label
bearing a ‘‘Made in America’’ inscription to any product
sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with
the Department of Defense.
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase
only American-made equipment and products, provided
that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely
fashion.
SEC. 8050. None of the funds appropriated by this
Act shall be available for a contract for studies, analysis,
or consulting services entered into without competition on
the basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines—
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(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform
the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a
new product or idea of a specific concern is given fi-
nancial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to
improvements of equipment that is in development or pro-
duction, or contracts as to which a civilian official of the
Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in
the interest of the national defense.
SEC. 8051. (a) Except as provided in subsections (b)
and (c), none of the funds made available by this Act may
be used—
(1) to establish a field operating agency; or
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(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place
of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection
(a), on a case-by-case basis, if the Secretary determines,
and certifies to the Committees on Appropriations of the
House of Representatives and Senate that the granting
of the waiver will reduce the personnel requirements or
the financial requirements of the department.
(c) This section does not apply to field operating
agencies funded within the National Foreign Intelligence
Program.
SEC. 8052. Funds appropriated by this Act and in
Public Law 105–277, or made available by the transfer
of funds in this Act and in Public Law 105–277 for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2001 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2001.
SEC. 8053. Notwithstanding section 303 of Public
Law 96–487 or any other provision of law, the Secretary
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of the Navy is authorized to lease real and personal prop-
erty at Naval Air Facility, Adak, Alaska, pursuant to 10
U.S.C. 2667(f), for commercial, industrial or other pur-
poses: Provided, That notwithstanding any other provision
of law, the Secretary of the Navy may remove hazardous
materials from facilities, buildings, and structures at
Adak, Alaska, and may demolish or otherwise dispose of
such facilities, buildings, and structures.
(RESCISSIONS)
SEC. 8054. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are here-
by rescinded as of the date of enactment of this Act, or
October 1, 2000, whichever is later, from the following ac-
counts in the specified amounts:
‘‘Aircraft
Procurement,
Army,
2000/2002’’,
$7,000,000;
‘‘Missile
Procurement,
Army,
2000/2002’’,
$6,000,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army, 2000/2002’’, $7,000,000;
‘‘Procurement of Ammunition, Army, 2000/
2002’’, $5,000,000;
‘‘Other
Procurement,
Army,
2000/2002’’,
$16,000,000;
‘‘Aircraft Procurement, Air Force, 2000/2002’’,
$32,700,000;
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‘‘Missile Procurement, Air Force, 2000/2002’’,
$5,500,000;
‘‘Other Procurement, Air Force, 2000/2002’’,
$6,400,000;
‘‘Research, Development, Test and Evaluation,
Army, 2000/2001’’, $19,000,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 2000/2001’’, $42,000,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 2000/2001’’, $33,900,000:
Provided, That these reductions shall be applied propor-
tionally to each budget activity, activity group and sub-
activity group and each program, project and activity
within each appropriation account: Provided further, That
the following additional amounts are hereby rescinded as
of the date of enactment of this Act, or October 1, 2000,
whichever is later, from the following accounts in the spec-
ified amounts:
‘‘Shipbuilding
and
Conversion,
Navy,
1998/
2002’’,
SSN–21
attack
submarine
program,
$74,000,000;
‘‘Other
Procurement,
Army,
1999/2001’’,
$3,000,000;
‘‘Weapons
Procurement,
Navy,
1999/2001’’,
$22,000,000;
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‘‘Aircraft Procurement, Air Force, 1999/2001’’,
$12,300,000;
‘‘Missile Procurement, Air Force, 1999/2001’’,
$20,000,000;
‘‘Other Procurement, Air Force, 1999/2001’’,
$8,000,000;
‘‘Missile
Procurement,
Army,
2000/2002’’,
$150,000,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army, 2000/2002’’, $60,000,000;
‘‘Other
Procurement,
Army,
2000/2002’’,
$29,000,000;
‘‘Aircraft
Procurement,
Navy,
2000/2002’’,
$6,500,000;
‘‘Missile Procurement, Air Force, 2000/2002’’,
$6,192,000;
‘‘Other Procurement, Air Force, 2000/2002’’,
$20,000,000;
‘‘Research, Development, Test and Evaluation,
Army, 2000/2001’’, $52,000,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 2000/2001’’, $30,000,000; and
‘‘Reserve
Mobilization
Income
Insurance
Fund’’, $17,000,000.
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SEC. 8055. None of the funds available in this Act
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard,
the Air National Guard, Army Reserve and Air Force Re-
serve for the purpose of applying any administratively im-
posed civilian personnel ceiling, freeze, or reduction on
military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8056. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8057. During the current fiscal year, funds ap-
propriated in this Act are available to compensate mem-
bers of the National Guard for duty performed pursuant
to a plan submitted by a Governor of a State and approved
by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the perform-
ance of such duty, the members of the National Guard
shall be under State command and control: Provided fur-
ther, That such duty shall be treated as full-time National
Guard duty for purposes of sections 12602(a)(2) and
(b)(2) of title 10, United States Code.
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SEC. 8058. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available
for reimbursement of pay, allowances and other expenses
which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the
activities and programs included within the National For-
eign Intelligence Program (NFIP), the Joint Military In-
telligence Program (JMIP), and the Tactical Intelligence
and Related Activities (TIARA) aggregate: Provided, That
nothing in this section authorizes deviation from estab-
lished Reserve and National Guard personnel and training
procedures.
SEC. 8059. During the current fiscal year, none of
the funds appropriated in this Act may be used to reduce
the civilian medical and medical support personnel as-
signed to military treatment facilities below the September
30, 2000 level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength
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reductions may be consistent with responsible resource
stewardship and capitation-based budgeting.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8060. None of the funds appropriated in this
Act may be transferred to or obligated from the Pentagon
Reservation Maintenance Revolving Fund, unless the Sec-
retary of Defense certifies that the total cost for the plan-
ning, design, construction and installation of equipment
for the renovation of the Pentagon Reservation will not
exceed $1,222,000,000.
SEC. 8061. (a) None of the funds available to the
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any
other department or agency of the United States except
as specifically provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8062. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal
buildings may, during their period of availability, be trans-
ferred to other appropriations or funds of the Department
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of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available
for the same general purposes, and for the same time pe-
riod, as the appropriation or fund to which transferred.
SEC. 8063. None of the funds appropriated by this
Act may be used for the procurement of ball and roller
bearings other than those produced by a domestic source
and of domestic origin: Provided, That the Secretary of
the military department responsible for such procurement
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire ca-
pability for national security purposes.
SEC. 8064. Notwithstanding any other provision of
law, funds available to the Department of Defense shall
be made available to provide transportation of medical
supplies and equipment, on a nonreimbursable basis, to
American Samoa, and funds available to the Department
of Defense shall be made available to provide transpor-
tation of medical supplies and equipment, on a non-
reimbursable basis, to the Indian Health Service when it
is in conjunction with a civil-military project.
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SEC. 8065. None of the funds in this Act may be
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire
capability for national security purposes that is not avail-
able from United States manufacturers.
SEC. 8066. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eli-
gible to participate in any manufacturing extension pro-
gram financed by funds appropriated in this or any other
Act.
SEC. 8067. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
during the current fiscal year for construction or service
performed in whole or in part in a State (as defined in
section 381(d) of title 10, United States Code) which is
not contiguous with another State and has an unemploy-
ment rate in excess of the national average rate of unem-
ployment as determined by the Secretary of Labor, shall
include a provision requiring the contractor to employ, for
the purpose of performing that portion of the contract in
such State that is not contiguous with another State, indi-
viduals who are residents of such State and who, in the
case of any craft or trade, possess or would be able to
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acquire promptly the necessary skills: Provided, That the
Secretary of Defense may waive the requirements of this
section, on a case-by-case basis, in the interest of national
security.
SEC. 8068. During the current fiscal year, the Army
shall use the former George Air Force Base as the airhead
for the National Training Center at Fort Irwin: Provided,
That none of the funds in this Act shall be obligated or
expended to transport Army personnel into Edwards Air
Force Base for training rotations at the National Training
Center.
SEC. 8069. (a) The Secretary of Defense shall sub-
mit, on a quarterly basis, a report to the congressional
defense committees, the Committee on International Rela-
tions of the House of Representatives and the Committee
on Foreign Relations of the Senate setting forth all costs
(including incremental costs) incurred by the Department
of Defense during the preceding quarter in implementing
or supporting resolutions of the United Nations Security
Council, including any such resolution calling for inter-
national sanctions, international peacekeeping operations,
and humanitarian missions undertaken by the Depart-
ment of Defense. The quarterly report shall include an ag-
gregate of all such Department of Defense costs by oper-
ation or mission.
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(b) The Secretary of Defense shall detail in the quar-
terly reports all efforts made to seek credit against past
United Nations expenditures and all efforts made to seek
compensation from the United Nations for costs incurred
by the Department of Defense in implementing and sup-
porting United Nations activities.
SEC. 8070. (a) LIMITATION ON TRANSFER OF DE-
FENSE ARTICLES AND SERVICES.—Notwithstanding any
other provision of law, none of the funds available to the
Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities
described in subsection (b) unless the congressional de-
fense committees, the Committee on International Rela-
tions of the House of Representatives, and the Committee
on Foreign Relations of the Senate are notified 15 days
in advance of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter
VI or chapter VII of the United Nations Charter
under the authority of a United Nations Security
Council resolution; and
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(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection
(a) shall include the following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equip-
ment or supplies—
(A) a statement of whether the inventory
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be trans-
ferred have been met; and
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to pro-
vide funds for such replacement.
SEC. 8071. To the extent authorized by subchapter
VI of chapter 148 of title 10, United States Code, the
Secretary of Defense may issue loan guarantees in support
of United States defense exports not otherwise provided
for: Provided, That the total contingent liability of the
United States for guarantees issued under the authority
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of this section may not exceed $15,000,000,000: Provided
further, That the exposure fees charged and collected by
the Secretary for each guarantee shall be paid by the
country involved and shall not be financed as part of a
loan guaranteed by the United States: Provided further,
That the Secretary shall provide quarterly reports to the
Committees on Appropriations, Armed Services, and For-
eign Relations of the Senate and the Committees on Ap-
propriations, Armed Services, and International Relations
in the House of Representatives on the implementation of
this program: Provided further, That amounts charged for
administrative fees and deposited to the special account
provided for under section 2540c(d) of title 10, shall be
available for paying the costs of administrative expenses
of the Department of Defense that are attributable to the
loan guarantee program under subchapter VI of chapter
148 of title 10, United States Code.
SEC. 8072. None of the funds available to the De-
partment of Defense under this Act shall be obligated or
expended to pay a contractor under a contract with the
Department of Defense for costs of any amount paid by
the contractor to an employee when—
(1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor
to the employee; and
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(2) such bonus is part of restructuring costs as-
sociated with a business combination.
SEC. 8073. (a) None of the funds appropriated or
otherwise made available in this Act may be used to trans-
port or provide for the transportation of chemical muni-
tions or agents to the Johnston Atoll for the purpose of
storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply
to any obsolete World War II chemical munition or agent
of the United States found in the World War II Pacific
Theater of Operations.
(c) The President may suspend the application of
subsection (a) during a period of war in which the United
States is a party.
SEC. 8074. None of the funds provided in title II of
this Act for ‘‘Former Soviet Union Threat Reduction’’
may be obligated or expended to finance housing for any
individual who was a member of the military forces of the
Soviet Union or for any individual who is or was a member
of the military forces of the Russian Federation.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8075. During the current fiscal year, no more
than $10,000,000 of appropriations made in this Act
under the heading ‘‘Operation and Maintenance, Defense-
Wide’’ may be transferred to appropriations available for
the pay of military personnel, to be merged with, and to
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be available for the same time period as the appropriations
to which transferred, to be used in support of such per-
sonnel in connection with support and services for eligible
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States
Code.
SEC. 8076. For purposes of section 1553(b) of title
31, United States Code, any subdivision of appropriations
made in this Act under the heading ‘‘Shipbuilding and
Conversion, Navy’’ shall be considered to be for the same
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any
prior year, and the 1 percent limitation shall apply to the
total amount of the appropriation.
SEC. 8077. During the current fiscal year, in the case
of an appropriation account of the Department of Defense
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged
to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
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closed account before the end of the period of avail-
ability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of
the Department of Defense; and
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation
of the Department of Defense under the provisions
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall
be reversed and recorded against the expired ac-
count: Provided further, That the total amount
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent
of the total appropriation for that account.
SEC. 8078. The Under Secretary of Defense (Comp-
troller) shall submit to the congressional defense commit-
tees by February 1, 2001, a detailed report identifying,
by amount and by separate budget activity, activity group,
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subactivity group, line item, program element, program,
project, subproject, and activity, any activity for which the
fiscal year 2002 budget request was reduced because the
Congress appropriated funds above the President’s budget
request for that specific activity for fiscal year 2001.
SEC. 8079. Funds appropriated in title II of this Act
and for the Defense Health Program in title VI of this
Act for supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects may be obligated at the time the reimbursable
order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and ad-
ministration costs includes all in-house Government cost.
SEC. 8080. During the current fiscal year, the Sec-
retary of Defense may waive reimbursement of the cost
of conferences, seminars, courses of instruction, or similar
educational activities of the Asia-Pacific Center for Secu-
rity Studies for military officers and civilian officials of
foreign nations if the Secretary determines that attend-
ance by such personnel, without reimbursement, is in the
national security interest of the United States: Provided,
That costs for which reimbursement is waived pursuant
to this section shall be paid from appropriations available
for the Asia-Pacific Center.
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SEC. 8081. (a) Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for
such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
SEC. 8082. Using funds available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United
States Code, may implement cost-effective agreements for
required
heating
facility
modernization
in
the
Kaiserslautern Military Community in the Federal Repub-
lic
of
Germany:
Provided,
That
in
the
City
of
Kaiserslautern such agreements will include the use of
United States anthracite as the base load energy for mu-
nicipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat
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may be obtained from private, regional or municipal serv-
ices, if provisions are included for the consideration of
United States coal as an energy source.
SEC. 8083. Notwithstanding 31 U.S.C. 3902, during
the current fiscal year, interest penalties may be paid by
the Department of Defense from funds financing the oper-
ation of the military department or defense agency with
which the invoice or contract payment is associated.
SEC. 8084. None of the funds appropriated in title
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development,
prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the
National Foreign Intelligence Program: 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 Represent-
atives and the Senate that it is in the national security
interest to do so.
SEC. 8085. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $800,000,000 to reflect working capital
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fund cash balance and rate stabilization adjustments, to
be distributed as follows:
‘‘Operation
and
Maintenance,
Army’’,
$40,794,000;
‘‘Operation
and
Maintenance,
Navy’’,
$271,856,000;
‘‘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 Re-
serve’’, $563,000;
‘‘Operation and Maintenance, Air Force Re-
serve’’, $43,974,000;
‘‘Operation and Maintenance, Army National
Guard’’, $15,572,000; and
‘‘Operation
and
Maintenance,
Air
National
Guard’’, $85,493,000.
SEC. 8086. 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.
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SEC. 8087. (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 coun-
try.
(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 applica-
tion of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by
section 11 (chapters 50–65) of the Harmonized Tariff
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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.
(d) Section 8093(d) of the Department of Defense
Appropriations Act, 2000 (Public Law 106–79; 113 Stat.
1253), is amended by inserting ‘‘design, manufacture, or’’
after ‘‘obligated or expended for’’.
SEC. 8088. Funds made available to the Civil Air Pa-
trol in this Act under the heading ‘‘Drug Interdiction and
Counter-Drug Activities, Defense’’ may be used for the
Civil Air Patrol Corporation’s counterdrug program, in-
cluding its demand reduction program involving youth
programs, as well as operational and training drug recon-
naissance missions for Federal, State, and local govern-
ment agencies; for administrative costs, including the hir-
ing of Civil Air Patrol Corporation employees; for travel
and per diem expenses of Civil Air Patrol Corporation per-
sonnel in support of those missions; and for equipment
needed for mission support or performance: Provided,
That of these funds, $300,000 shall be made available to
establish and operate a distance learning program: Pro-
vided further, That the Department of the Air Force
should waive reimbursement from the Federal, State, and
local government agencies for the use of these funds.
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SEC. 8089. Notwithstanding any other provision of
law, the TRICARE managed care support contracts in ef-
fect, 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 De-
fense determines that it is in the best interest of the Gov-
ernment: 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 con-
tractor and the Government: Provided further, That not-
withstanding any other provision of law, all future
TRICARE managed care support contracts replacing con-
tracts 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. 8090. None of the funds in this Act may be
used to compensate an employee of the Department of De-
fense who initiates a new start program without notifica-
tion to the Office of the Secretary of Defense, the Office
of Management and Budget, and the congressional de-
fense committees, as required by Department of Defense
financial management regulations.
SEC. 8091. TRAINING AND OTHER PROGRAMS. (a)
PROHIBITION.—None of the funds made available by this
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Act may be used to support any training program involv-
ing 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 cor-
rective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in con-
sultation with the Secretary of State, shall ensure that
prior to a decision to conduct any training program re-
ferred 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 secu-
rity forces.
(c) WAIVER.—The Secretary of Defense, after con-
sultation with the Secretary of State, may waive the prohi-
bition in subsection (a) if he determines that such waiver
is required by extraordinary circumstances.
(d) REPORT.—Not more than 15 days after the exer-
cise 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 in-
volved in the training program, and the information relat-
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ing to human rights violations that necessitates the waiv-
er.
SEC. 8092. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $537,600,000 to reflect savings from favor-
able foreign currency fluctuations, to be distributed as fol-
lows:
‘‘Military Personnel, Army’’, $114,600,000;
‘‘Military Personnel, Navy’’, $36,900,000;
‘‘Military
Personnel,
Marine
Corps’’,
$9,700,000;
‘‘Military Personnel, Air Force’’, $83,600,000;
‘‘Operation
and
Maintenance,
Army’’,
$177,500,000;
‘‘Operation
and
Maintenance,
Navy’’,
$31,600,000;
‘‘Operation and Maintenance, Marine Corps’’,
$1,600,000;
‘‘Operation
and
Maintenance,
Air
Force’’,
$53,500,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$15,300,000; and
‘‘Defense Health Program’’, $13,300,000.
SEC. 8093. None of the funds appropriated or made
available in this Act to the Department of the Navy shall
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be used to develop, lease or procure the ADC(X) class of
ships unless the main propulsion diesel engines and
propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary
of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations 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. 8094. Of the funds made available in this Act,
not less than $65,200,000 shall be available to maintain
an attrition reserve force of 23 B–52 aircraft, of which
$3,200,000 shall be available from ‘‘Military Personnel,
Air Force’’, $36,900,000 shall be available from ‘‘Oper-
ation 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 main-
tain a total force of 94 B–52 aircraft, including 23 attri-
tion reserve aircraft, during fiscal year 2001: Provided fur-
ther, 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.
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SEC. 8095. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended
for the purpose of performing repairs or maintenance to
military family housing units of the Department of De-
fense, including areas in such military family housing
units that may be used for the purpose of conducting offi-
cial Department of Defense business.
SEC. 8096. 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 technology demonstration
project may only be obligated 30 days after a report, in-
cluding a description of the project and its estimated an-
nual and total cost, has been provided in writing to the
congressional defense committees: Provided, That the Sec-
retary 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. 8097. Notwithstanding any other provision of
law, for the purpose of establishing all Department of De-
fense policies governing 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
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essentially to assist an individual in meeting the activities
of daily living and which does not require the supervision
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 sur-
vivors, 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 pay-
ment of medically necessary services and shall not be con-
sidered as secondarily liable to title XIX of the Social Se-
curity Act, other welfare programs or charity based care.
SEC. 8098. 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 Man-
agement Centers may be credited to operation and mainte-
nance 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 employ-
ees of the Department of Defense may be credited to ac-
counts of the Department of Defense that are current
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when the refunds are received and that are available for
the same purposes as the accounts originally charged.
SEC. 8099. (a) REGISTERING INFORMATION TECH-
NOLOGY SYSTEMS WITH DOD CHIEF INFORMATION OF-
FICER.—None of the funds appropriated in this Act may
be used for a mission critical or mission essential informa-
tion 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 De-
fense. 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 mis-
sion 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 re-
ceive Milestone I approval, Milestone II approval, or Mile-
stone III approval within the Department of Defense until
the Chief Information Officer certifies, with respect to
that milestone, that the system is being developed in ac-
cordance with the Clinger-Cohen Act of 1996 (40 U.S.C.
1401 et seq.). The Chief Information Officer may require
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additional certifications, as appropriate, with respect to
any such system.
(2) The Chief Information Officer shall provide the
congressional 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 cer-
tification 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 cal-
culation of the return on investment.
(D) Performance measures.
(E) An information assurance strategy con-
sistent with the Department’s Command, Control,
Communications, Computers, Intelligence, Surveil-
lance, 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 De-
fense designated by the Secretary of Defense pursu-
ant to section 3506 of title 44, United States Code.
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(2) The term ‘‘information technology system’’
has the meaning given the term ‘‘information tech-
nology’’ 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 Depart-
ment of Defense Directive 5000.1.
SEC. 8100. 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 Depart-
ment 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 de-
partment 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 author-
ity: 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. 8101. None of the funds provided in this Act
may be used to transfer to any nongovernmental entity
100
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ammunition held by the Department of Defense that has
a center-fire cartridge and a United States military no-
menclature 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 Depart-
ment 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) ren-
dered incapable of reuse by the demilitarization process;
or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by
the Department of State.
SEC. 8102. Notwithstanding any other provision of
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation 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 fra-
ternal non-profit organization as may be approved by the
Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
101
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SEC. 8103. 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 Colum-
bia, 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 installa-
tion is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall
apply to all alcoholic beverages only for military installa-
tions 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. 8104. In addition to the amounts provided else-
where in this Act, the amount of $5,000,000 is hereby ap-
propriated for ‘‘Operation and Maintenance, Defense-
Wide’’, to be available, notwithstanding any other provi-
sion of law, only for a grant to the High Desert Partner-
102
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ship in Academic Excellence Foundation, Inc., for the pur-
pose of developing, implementing, and evaluating a stand-
ards and performance based academic model at schools
administered by the Department of Defense Education
Activity.
SEC. 8105. (a) IN GENERAL.—Notwithstanding any
other provision 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 Minnesota relocatable mili-
tary 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 Da-
kota, 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 paragraph (b).
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(d) INDIAN TRIBE DEFINED.—In this section, the
term ‘‘Indian tribe’’ means any recognized Indian tribe in-
cluded on the current list published by the Secretary of
Interior under section 104 of the federally Recognized In-
dian Tribe Act of 1994 (Public Law 103–454; 108 Stat.
4792; 25 U.S.C. 479a–1).
SEC. 8106. During the current fiscal year, the Sec-
retary of Defense shall fully identify any health care con-
tract liabilities, requests for equitable adjustment, and
claims for unanticipated healthcare contract costs during
the budget year of execution: Provided, That the Secretary
of Defense shall provide a report to the congressional de-
fense committees which fully details the extent of such
health care contract liabilities, requests for equitable ad-
justment and claims for unanticipated healthcare contract
costs not later than March 1, 2001: Provided further, That
the Secretary of Defense shall establish an equitable and
timely process for the adjudication of claims, and recog-
nize actual liabilities during the Department’s planning,
programming and budgeting process: Provided further,
That nothing in this section should be construed as con-
gressional direction to liquidate or pay any claims that
otherwise would not have been adjudicated in favor of the
claimant.
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SEC. 8107. Funds available to the Department of De-
fense for the Global Positioning System during the current
fiscal year may be used to fund civil requirements associ-
ated with the satellite and ground control segments of
such system’s modernization program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8108. Of the amounts appropriated in this Act
under the heading, ‘‘Operation and Maintenance, Defense-
Wide’’, $115,000,000 shall remain available until ex-
pended: Provided, That notwithstanding any other provi-
sion of law, the Secretary of Defense is authorized to
transfer such funds to other activities of the Federal Gov-
ernment.
SEC. 8109. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $463,400,000 to reflect stabilization of the
balance available in the ‘‘Foreign Currency Fluctuation,
Defense’’ account, to be distributed as follows:
‘‘Military Personnel, Army’’, $40,200,000;
‘‘Military Personnel, Navy’’, $70,200,000;
‘‘Military
Personnel,
Marine
Corps’’,
$27,700,000;
‘‘Military Personnel, Air Force’’, $92,700,000;
‘‘Operation
and
Maintenance,
Army’’,
$137,300,000;
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‘‘Operation
and
Maintenance,
Navy’’,
$34,800,000;
‘‘Operation and Maintenance, Marine Corps’’,
$4,400,000;
‘‘Operation
and
Maintenance,
Air
Force’’,
$35,500,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$11,500,000; and
‘‘Defense Health Program’’, $9,100,000.
SEC. 8110. None of the funds provided in title III
of this Act may be obligated for F–16 aircraft modifica-
tions until the Secretary of the Air Force submits a report
to the congressional defense committees detailing a plan
to assign, no later than the first quarter of fiscal year
2002, F–16 Block 40 aircraft, or later model F–16 air-
craft, to Air National Guard units which were deployed
to Operation Desert Storm.
SEC. 8111. (a) REPORT TO THE CONGRESSIONAL
DEFENSE COMMITTEES.—Not later than May 1, 2001,
the Secretary of Defense shall submit to the congressional
defense committees a report on work-related illnesses in
the Department of Defense workforce, including the work-
force of Department contractors and vendors, resulting
from exposure to beryllium or beryllium alloys.
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(b) PROCEDURE, METHODOLOGY, AND TIME PERI-
ODS.—To the maximum extent practicable, the Secretary
shall use the same procedures, methodology, and time pe-
riods in carrying out the work required to prepare the re-
port under subsection (a) as those used by the Department
of Energy to determine work-related illnesses in the De-
partment of Energy workforce associated with exposure to
beryllium or beryllium alloys. To the extent that different
procedures, methodology, and time periods are used, the
Secretary shall explain in the report why those different
procedures, methodology, or time periods were used, why
they were appropriate, and how they differ from those
used by the Department of Energy.
(c) REPORT ELEMENTS.—The report shall include
the following:
(1) A description of the precautions used by the
Department of Defense and its contractors and ven-
dors to protect their current employees from beryl-
lium-related disease.
(2) Identification of elements of the Depart-
ment of Defense and of contractors and vendors to
the Department of Defense that use or have used
beryllium or beryllium alloys in production of prod-
ucts for the Department of Defense.
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(3) The number of employees (or, if an actual
number is not available, an estimate of the number
of employees) employed by each of the Department
of Defense elements identified under paragraph (2)
that are or were exposed during the course of their
Defense-related employment to beryllium, beryllium
dust, or beryllium fumes.
(4) A characterization of the amount, fre-
quency, and duration of exposure for employees
identified under paragraph (3).
(5) Identification of the actual number of in-
stances of acute beryllium disease, chronic beryllium
disease, or beryllium sensitization that have been
documented to date among employees of the Depart-
ment of Defense and its contractors and vendors.
(6) The estimated cost if the Department of
Defense were to provide workers’ compensation ben-
efits comparable to benefits provided under the Fed-
eral Employees Compensation Act to employees, in-
cluding former employees, of Government organiza-
tions, contractors, and vendors who have contracted
beryllium-related diseases.
(7) The Secretary’s recommendations on wheth-
er compensation for work-related illnesses in the De-
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partment of Defense workforce, including contrac-
tors and vendors, is justified or recommended.
(8) Legislative proposals, if any, to implement
the Secretary’s recommendations under paragraph
(7).
SEC. 8112. Of the amounts made available in title
II of this Act for ‘‘Operation and Maintenance, Army’’,
$1,900,000 shall be available only for the purpose of mak-
ing a grant to the San Bernardino County Airports De-
partment for the installation of a perimeter security fence
for that portion of the Barstow-Daggett Airport, Cali-
fornia, which is used as a heliport for the National Train-
ing Center, Fort Irwin, California, and for installation of
other security improvements at that airport.
SEC. 8113. The Secretary of Defense may during the
current fiscal year and hereafter carry out the activities
and exercise the authorities provided under the dem-
onstration program authorized by section 9148 of the De-
partment of Defense Appropriations Act, 1993 (Public
Law 102–396; 106 Stat. 1941).
(INCLUDING TRANSFER OF FUNDS)
SEC. 8114. Of the funds appropriated under the
heading ‘‘Research, Development, Test and Evaluation,
Army’’ in title IV of the Department of Defense Appro-
priations Act, 2000 (Public Law 106–79) for the Grizzly
minefield breacher program, $15,000,000 is hereby trans-
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ferred to ‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army’’, in title III of the Department of Defense
Appropriations Act, 2000, and shall be available only for
the Wolverine heavy assault bridge program: Provided,
That funds transferred pursuant to this section shall be
merged with and shall be available for the same purposes
and for the same time period as the appropriation to which
transferred: Provided further, That not later than 60 days
after the enactment of this Act, the Department of the
Army shall, from within funds available under the heading
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, in the Department of Defense Appropriations Act,
2000, obligate $97,000,000 for procurement of the Wol-
verine heavy assault bridge program.
SEC. 8115. (a)(1) None of the funds described in
paragraph (2) that are provided in title III of this Act
for the Department of the Army to procure a second bri-
gade set of Interim Armored Vehicles (also referred to as
the Family of Medium Armored Vehicles) and other equip-
ment to support the fielding of a second new interim bri-
gade combat team (hereinafter in this section referred to
as a ‘‘medium brigade’’) may be obligated or expended
until the Secretary of Defense submits to the congres-
sional defense committees, after February 1, 2001, a cer-
tification of the following:
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(A) That the fiscal year 2002 budget of the De-
partment of Defense submitted as part of the budget
of the President for fiscal year 2002 (including any
amendment or supplement to such budget) fully
funds the fiscal year 2002 procurement costs, devel-
opment costs, and initial year operation and mainte-
nance costs associated with the procurement and
fielding of two additional new medium brigades (in
addition to those for which funds are provided in
this Act and previous appropriations Acts).
(B)
That
the
Future
Years
Defense
Plan
(FYDP) current at the time of such budget submis-
sion includes amounts to fully fund the procurement
costs, the development costs, and the operation and
maintenance costs associated with the procurement
and fielding of at least two additional medium bri-
gades per fiscal year covered by that Future Years
Defense Plan.
(C) That the Director of Operational Test and
Evaluation of the Department of Defense has ap-
proved the Test and Evaluation Master Plan for the
Interim Armored Vehicle.
(2) The funding provided in title III of this Act to
support the fielding of a second new medium brigade that
is subject to the limitation in paragraph (1) is the amount
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of $600,000,000 provided under the heading, ‘‘Procure-
ment of Weapons and Tracked Combat Vehicles, Army’’,
and the amount of $200,000,000 provided under the head-
ing ‘‘Other Procurement, Army’’, for procurement of
equipment for a second medium brigade, as set forth in
the report of the Committee on Appropriations of the
House of Representatives accompanying the Department
of Defense Appropriations Act for fiscal year 2001.
(b) Not later than 90 days after the date of the
source selection for the Interim Armored Vehicle program
(also referred to as the Family of Medium Armored Vehi-
cles program), the Secretary of the Army shall submit to
the congressional defense committees a detailed report on
that program. The report shall include the following:
(1) The required research and development cost
for each variant of the Interim Armored Vehicle to
be procured and the total research and development
cost for the program.
(2) The major milestones for the development
program for the Interim Armored Vehicle program.
(3) The production unit cost of each variant of
the Interim Armored Vehicle to be procured.
(4) The total procurement cost of the Interim
Armored Vehicle program.
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(c) The Chairman of the Joint Chiefs of Staff shall
submit to the congressional defense committees a report
(in both classified and unclassified versions) on the joint
warfighting requirements to be met by the new medium
brigades for the Army. The report shall describe any ad-
justments made to operational plans of the commanders
of the unified combatant commands for use of those bri-
gades. The report shall be submitted at the time that the
President’s budget for fiscal year 2002 is transmitted to
Congress.
(d) In this section, any reference to the budget of
the President for fiscal year 2002 refers to a budget trans-
mitted to Congress under section 1105 of title 31, United
States Code, after January 20, 2001.
SEC. 8116. None of the funds made available in this
Act or the Department of Defense Appropriations Act,
2000 (Public Law 106–79) may be used to award a full
funding contract for low-rate initial production for the F–
22 aircraft program until—
(1) the first flight of an F–22 aircraft incor-
porating Block 3.0 software has been conducted;
(2) the Secretary of Defense certifies to the
congressional defense committees that all Defense
Acquisition Board exit criteria for the award of low-
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rate initial production of the aircraft have been met;
and
(3) upon completion of the requirements under
(1) and (2) above, the Director of Operational Test
and Evaluation submits to the congressional defense
committees a report assessing the adequacy of test-
ing to date to measure and predict performance of
F–22 avionics systems, stealth characteristics, and
weapons delivery systems.
SEC. 8117. (a) The total amount expended by the De-
partment of Defense for the F–22 aircraft program (over
all fiscal years of the life of the program) for engineering
and manufacturing development and for production may
not exceed $58,028,200,000. The amount provided in the
preceding sentence shall be adjusted by the Secretary of
the Air Force in the manner provided in section 217(c)
of Public Law 105–85 (111 Stat. 1660). This section su-
persedes any limitation previously provided by law on the
amount that may be obligated or expended for engineering
and manufacturing development under the F–22 aircraft
program and any limitation previously provided by law on
the amount that may be obligated or expended for the F–
22 production program.
(b) The provisions of subsection (a) apply during the
current fiscal year and subsequent fiscal years.
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SEC. 8118. JOINT STRIKE FIGHTER PROGRAM.—(a)
REPORTS.—(1) Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
on the Joint Strike Fighter (JSF) aircraft program. The
report shall include a detailed description of any change
or modification to that program made since the submis-
sion of the President’s budget for fiscal year 2001, includ-
ing any such change or modification initiated by the De-
partment of Defense and any such change or modification
resulting from congressional action on the fiscal year 2001
budget for the Department of Defense. The report shall
also include the following:
(A) The acquisition strategy for the Joint
Strike Fighter program, including the estimated
total program costs for development and for produc-
tion, the program development schedule, and the
planned production profile.
(B) If applicable, the effect of any revisions to
that acquisition strategy on the average unit cost of
the Joint Strike Fighter aircraft when compared to
the original acquisition strategy for that program.
(C) Results derived to date from the concept
demonstration/validation phase of the program, in-
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cluding available data from flight tests of dem-
onstration aircraft.
(D) An assessment of the degree to which the
concept
demonstration/validation
phase
has
ad-
dressed key aircraft and aircraft subsystem perform-
ance parameters before a source selection decision is
made and the engineering and manufacturing devel-
opment (EMD) phase of the program is begun.
(E) The strategy of the Department for inser-
tion of technology into the Joint Strike Fighter air-
craft, including details regarding when critical sub-
systems to be incorporated on the aircraft are to be
demonstrated in a prototype configuration (either
before or in the early stages of Engineering and
Manufacturing Development).
(2) Not later than March 30, 2001 (and not earlier
than February 1, 2001), the Secretary of Defense shall
submit to the congressional defense committees a second
report on the acquisition plan for the Joint Strike Fighter
aircraft program. That report shall address each of the
matters specified in paragraph (1) as of the time of that
report, as well as any additional changes to that acquisi-
tion plan that have been made as a consequence of the
fiscal year 2002 Department of Defense budget (as sub-
mitted as part of the budget of the President for fiscal
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year 2002 transmitted under section 1105 of title 31,
United States Code, after January 20, 2001) and the ac-
companying Future Years Defense Plan (as well as any
amendment to the Department of Defense budget sub-
mitted before the submission of the report).
(b) ENGINEERING AND MANUFACTURING DEVELOP-
MENT.—Consistent with funds provided in title IV of this
Act, none of the funds provided in this Act may be used
to award a contract for engineering and manufacturing
development (EMD) of the Joint Strike Fighter aircraft
program—
(1) before the later of—
(A) June 1, 2000; and
(B) the date of the submission of each of
the reports required by subsection (a); and
(2) until the Secretary of Defense certifies to
the congressional defense committees that the Joint
Strike Fighter engineering and manufacturing devel-
opment program is fully funded in the Future-Years
Defense Plan for each of the principal Department
of Defense participants in the Joint Strike Fighter
program.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 2001’’.
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That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2001, for military func-
tions administered by the Department of Defense, and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97–377, as amended
(42 U.S.C. 402 note), to section 229(b) of the Social Secu-
rity Act (42 U.S.C. 429(b)), and to the Department of De-
fense Military Retirement Fund, $22,173,929,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
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duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; and for payments pursu-
ant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), to section 229(b) of the Social Security
Act (42 U.S.C. 429(b)), and to the Department of Defense
Military Retirement Fund, $17,877,215,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps
on active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement
Fund, $6,831,373,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
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for elsewhere), cadets, and aviation cadets; and for pay-
ments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), to section 229(b) of the So-
cial Security Act (42 U.S.C. 429(b)), and to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund,
$18,110,764,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and for members of the Reserve
Officers’ Training Corps, and expenses authorized by sec-
tion 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement
Fund, $2,458,961,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
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12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for mem-
bers of the Reserve Officers’ Training Corps, and expenses
authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund, $1,539,490,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title
10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty, and for members of the Marine Corps platoon
leaders class, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the De-
partment 
of 
Defense 
Military 
Retirement 
Fund,
$446,586,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
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NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Na-
tional Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in connec-
tion with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training,
or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,634,181,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Army, as authorized
by law; and not to exceed $10,616,000 can be used for emer-
gencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and
payments may be made on his certificate of necessity for
confidential military purposes, $19,049,881,000 and, in ad-
dition, $50,000,000 shall be derived by transfer from the
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National Defense Stockpile Transaction Fund: Provided,
That of the funds appropriated in this paragraph, not less
than $355,000,000 shall be made available only for conven-
tional ammunition care and maintenance.
OPERATION AND MAINTENANCE, NAVY
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Navy and the Marine
Corps, as authorized by law; and not to exceed $5,146,000
can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary
of the Navy, and payments may be made on his certificate
of 
necessity 
for 
confidential 
military 
purposes,
$23,398,254,000 and, in addition, $50,000,000 shall be de-
rived by transfer from the National Defense Stockpile
Transaction Fund.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Marine Corps, as au-
thorized by law, $2,729,758,000.
OPERATION AND MAINTENANCE, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Air Force, as author-
ized by law; and not to exceed $7,878,000 can be used for
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emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Air Force,
and payments may be made on his certificate of necessity
for confidential military purposes, $22,268,977,000 and, in
addition, $50,000,000, shall be derived by transfer from the
National Defense Stockpile Transaction Fund.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For expenses, not otherwise provided for, necessary for
the operation and maintenance of activities and agencies
of the Department of Defense (other than the military de-
partments), as authorized by law, $11,991,688,000, of
which not to exceed $25,000,000 may be available for the
CINC initiative fund account; and of which not to exceed
$30,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of
the Secretary of Defense, and payments may be made on
his certificate of necessity for confidential military pur-
poses.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Army Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
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curement of services, supplies, and equipment; and commu-
nications, $1,529,418,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Navy Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $968,946,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Marine Corps Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruit-
ing; procurement of services, supplies, and equipment; and
communications, $141,159,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Air Force Reserve; repair
of facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
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curement of services, supplies, and equipment; and commu-
nications, $1,893,859,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and
hospital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures
and facilities; hire of passenger motor vehicles; personnel
services in the National Guard Bureau; travel expenses
(other than mileage), as authorized by law for Army per-
sonnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army Na-
tional Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $3,330,535,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National
Guard, including medical and hospital treatment and re-
lated expenses in non-Federal hospitals; maintenance, oper-
ation, repair, and other necessary expenses of facilities for
the training and administration of the Air National Guard,
including repair of facilities, maintenance, operation, and
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modification of aircraft; transportation of things, hire of
passenger motor vehicles; supplies, materials, and equip-
ment, as authorized by law for the Air National Guard;
and expenses incident to the maintenance and use of sup-
plies, materials, and equipment, including such as may be
furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage)
on the same basis as authorized by law for Air National
Guard personnel on active Federal duty, for Air National
Guard commanders while inspecting units in compliance
with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau,
$3,481,775,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contingency
Operations 
by 
United 
States 
military 
forces,
$4,100,577,000, to remain available until expended: Pro-
vided, That the Secretary of Defense may transfer these
funds only to military personnel accounts; operation and
maintenance accounts within this title, the Defense Health
Program appropriation, and to working capital funds: Pro-
vided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for
the same time period, as the appropriation to which trans-
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ferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer author-
ity contained elsewhere in this Act.
UNITED STATES COURTS OF APPEALS FOR THE ARMED
FORCES
For salaries and expenses necessary for the United
States Court of Appeals for the Armed Forces, $8,574,000,
of which not to exceed $2,500 can be used for official rep-
resentation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $389,932,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Army, to be merged with and to be available
for the same purposes and for the same time period as the
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appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $294,038,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Navy, to be merged with and to be available
for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
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ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $376,300,000,
to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Air Force,
or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with
and to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $21,412,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are re-
quired for environmental restoration, reduction and recy-
cling of hazardous waste, removal of unsafe buildings and
debris of the Department of Defense, or for similar purposes,
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transfer the funds made available by this appropriation to
other appropriations made available to the Department of
Defense, to be merged with and to be available for the same
purposes and for the same time period as the appropria-
tions to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to this
appropriation.
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $231,499,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of De-
fense, transfer the funds made available by this appropria-
tion to other appropriations made available to the Depart-
ment of the Army, to be merged with and to be available
for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the
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purposes provided herein, such amounts may be transferred
back to this appropriation.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of De-
fense (consisting of the programs provided under sections
401, 402, 404, 2547, and 2551 of title 10, United States
Code), $55,900,000, to remain available until September
30, 2002.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet
Union, including assistance provided by contract or by
grants, for facilitating the elimination and the safe and se-
cure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the pro-
liferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to
the training and support of defense and military personnel
for demilitarization and protection of weapons, weapons
components and weapons technology and expertise,
$458,400,000, to remain available until September 30,
2003: Provided, That of the amounts provided under this
heading, $25,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines and sub-
marine reactor components in the Russian Far East.
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TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,532,862,000, to remain available for obligation until
September 30, 2003.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
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tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,329,781,000, to remain available for obligation until
September 30, 2003.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For construction, procurement, production, and modi-
fication of weapons and tracked combat vehicles, equipment,
including ordnance, spare parts, and accessories therefor;
specialized equipment and training devices; expansion of
public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,166,574,000, to remain available for obligation until
September 30, 2003.
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PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,212,149,000, to remain available for obligation until
September 30, 2003.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modi-
fication of vehicles, including tactical, support, and non-
tracked combat vehicles; the purchase of not to exceed 35
passenger motor vehicles for replacement only; and the pur-
chase of 12 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $200,000 per vehicle; com-
munications and electronic equipment; other support equip-
ment; spare parts, ordnance, and accessories therefor; spe-
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cialized equipment and training devices; expansion of pub-
lic and private plants, including the land necessary there-
for, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and in-
stallation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government
and contractor-owned equipment layaway; and other ex-
penses necessary for the foregoing purposes, $4,060,728,000,
to remain available for obligation until September 30,
2003.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and in-
stallation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government
and contractor-owned equipment layaway, $8,426,499,000,
to remain available for obligation until September 30,
2003.
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WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts,
and accessories therefor; expansion of public and private
plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$1,571,650,000, to remain available for obligation until
September 30, 2003.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
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and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$471,749,000, to remain available for obligation until Sep-
tember 30, 2003.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical,
long leadtime components and designs for vessels to be con-
structed or converted in the future; and expansion of public
and private plants, including land necessary therefor, and
such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title, as
follows:
Carrier Replacement Program, $4,053,653,000;
Carrier 
Replacement 
Program 
(AP),
$21,869,000;
NSSN, $1,203,012,000;
NSSM (AP), $508,222,000;
CVN Refuelings, $703,441,000;
CVN Refuelings (AP), $25,000,000;
Submarine Refuelings, $210,414,000;
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Submarine Refuelings (AP), $72,277,000;
DDG–51 destroyer program, $2,713,559,000;
DDG–51 destroyer program (AP), $500,000,000;
LPD–17 Program Cost Growth, $285,000,000;
LPD–17 (AP), $200,000,000;
LHD–8 (AP), $460,000,000;
ADC(X), $338,951,000;
LCAC landing craft air cushion program,
$15,615,000; and
For craft, outfitting, post delivery, conversions,
and first destination transformation transportation,
$301,077,000;
In all: $11,612,090,000, to remain available for obligation
until September 30, 2005: Provided, That additional obli-
gations may be incurred after September 30, 2005, for engi-
neering services, tests, evaluations, and other such budgeted
work that must be performed in the final stage of ship con-
struction: Provided further, That none of the funds provided
under this heading for the construction or conversion of any
naval vessel to be constructed in shipyards in the United
States shall be expended in foreign facilities for the con-
struction of major components of such vessel: Provided fur-
ther, That none of the funds provided under this heading
shall be used for the construction of any naval vessel in
foreign shipyards: Provided further, That the Secretary of
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the Navy is hereby granted the authority to enter into con-
tracts for an LHD–1 Amphibious Assault Ship and two
LPD–17 Class Ships which shall be funded on an incre-
mental basis.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of
support equipment and materials not otherwise provided
for, Navy ordnance (except ordnance for new aircraft, new
ships, and ships authorized for conversion); the purchase
of not to exceed 63 passenger motor vehicles for replacement
only, and the purchase of one vehicle required for physical
security of personnel, notwithstanding price limitations ap-
plicable to passenger vehicles but not to exceed $200,000;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior
to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and con-
tractor-owned equipment layaway, $3,400,180,000, to re-
main available for obligation until September 30, 2003.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufac-
ture, and modification of missiles, armament, military
equipment, spare parts, and accessories therefor; plant
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equipment, appliances, and machine tools, and installation
thereof in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of not to ex-
ceed 33 passenger motor vehicles for replacement only; and
expansion of public and private plants, including land nec-
essary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title, $1,196,368,000, to remain available for
obligation until September 30, 2003.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, lease, and modification
of aircraft and equipment, including armor and armament,
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, Govern-
ment-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and trans-
portation of things, $7,289,934,000, to remain available for
obligation until September 30, 2003.
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MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, includ-
ing spare parts and accessories therefor, ground handling
equipment, and training devices; expansion of public and
private plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
quisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes in-
cluding rents and transportation of things, $2,920,815,000,
to remain available for obligation until September 30,
2003.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
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machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$654,808,000, to remain available for obligation until Sep-
tember 30, 2003.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment,
and ground electronic and communication equipment), and
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of not to exceed 173, passenger
motor vehicles for replacement only, and the purchase of
one vehicle required for physical security of personnel, not-
withstanding price limitations applicable to passenger vehi-
cles but not to exceed $200,000; lease of passenger motor
vehicles; and expansion of public and private plants, Gov-
ernment-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon, prior
to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $7,605,027,000, to re-
main available for obligation until September 30, 2003.
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PROCUREMENT, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) nec-
essary for procurement, production, and modification of
equipment, supplies, materials, and spare parts therefor,
not otherwise provided for; the purchase of not to exceed
115 passenger motor vehicles for replacement only; the pur-
chase of 10 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $250,000 per vehicle; ex-
pansion of public and private plants, equipment, and in-
stallation thereof in such plants, erection of structures, and
acquisition of land for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment
layaway, $2,294,908,000, to remain available for obligation
until September 30, 2003.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procure-
ment for the reserve components of the Armed Forces,
$150,000,000, to remain available for obligation until Sep-
tember 30, 2003: Provided, That the Chiefs of the Reserve
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and National Guard components shall, not later than 30
days after the enactment of this Act, individually submit
to the congressional defense committees the modernization
priority assessment for their respective Reserve or National
Guard component.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $5,683,675,000, to remain available for ob-
ligation until September 30, 2002.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $8,812,070,000, to remain available for ob-
ligation until September 30, 2002: Provided, That funds
appropriated in this paragraph which are available for the
V–22 may be used to meet unique requirements of the Spe-
cial Operation Forces.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $13,931,145,000, to remain available for
obligation until September 30, 2002.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), nec-
essary for basic and applied scientific research, develop-
ment, test and evaluation; advanced research projects as
may be designated and determined by the Secretary of De-
fense, pursuant to law; maintenance, rehabilitation, lease,
and operation of facilities and equipment, $10,952,039,000,
to remain available for obligation until September 30,
2002.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for
the independent activities of the Director, Operational Test
and Evaluation in the direction and supervision of oper-
ational test and evaluation, including initial operational
test and evaluation which is conducted prior to, and in sup-
port of, production decisions; joint operational testing and
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evaluation; and administrative expenses in connection
therewith, $218,560,000, to remain available for obligation
until September 30, 2002.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds; $916,276,000:
Provided, That during fiscal year 2001, funds in the De-
fense Working Capital Funds may be used for the purchase
of not to exceed 330 passenger carrying motor vehicles for
replacement only for the Defense Security Service.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects,
and activities, and for expenses of the National Defense Re-
serve Fleet, as established by section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744),
$388,158,000, to remain available until expended: Pro-
vided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the
acquisition of any of the following major components unless
such components are manufactured in the United States:
auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (that is; engines, re-
duction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the
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exercise of an option in a contract awarded through the ob-
ligation of previously appropriated funds shall not be con-
sidered to be the award of a new contract: Provided further,
That the Secretary of the military department responsible
for such procurement may waive the restrictions in the first
proviso on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Rep-
resentatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense require-
ments on a timely basis and that such an acquisition must
be made in order to acquire capability for national security
purposes.
NATIONAL DEFENSE AIRLIFT FUND
For National Defense Airlift Fund programs, projects,
and activities, $2,890,923,000, to remain available until ex-
pended: Provided, That these funds shall only be available
for transfer to the appropriate C–17 program P–1 line
items of Titles III of this Act for the purposes specified in
this section: Provided further, That the funds transferred
under the authority provided within this section shall be
merged with and shall be available for the same purposes,
and for the same time period, as the appropriation to which
transferred: Provided further, That the transfer authority
provided in this section is in addition to any other transfer
authority contained elsewhere in this Act.
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TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical
and health care programs of the Department of Defense, as
authorized 
by 
law, 
$12,130,179,000, 
of 
which
$11,437,293,000 shall be for Operation and maintenance,
of which not to exceed 2 percent shall remain available until
September 30, 2002; of which $290,006,000, to remain
available for obligation until September 30, 2003, shall be
for Procurement; of which $402,880,000, to remain avail-
able for obligation until September 30, 2002, shall be for
Research, development, test and evaluation; and of which
$10,000,000 shall be available for HIV prevention edu-
cational activities undertaken in connection with U.S. mili-
tary training, exercises, and humanitarian assistance ac-
tivities conducted in African nations.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE
For expenses, not otherwise provided for, necessary for
the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with the
provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not
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in the chemical weapon stockpile, $979,400,000, of which
$600,000,000 shall be for Operation and maintenance to
remain available until September 30, 2002, $105,000,000
shall be for Procurement to remain available until Sep-
tember 30, 2003, and $274,400,000 shall be for Research,
development, test and evaluation to remain available until
September 30, 2002: Provided, That of the funds available
under this heading, $1,000,000 shall be available until ex-
pended each year only for a Johnston Atoll off-island leave
program: Provided further, That the Secretaries concerned
shall, pursuant to uniform regulations, prescribe travel
and transportation allowances for travel by participants
in the off-island leave program: Provided further, That the
amount available under Operation and maintenance shall
also be available for the conveyance, without consideration,
of the Emergency One Cyclone II Custom Pumper truck
subject to Army Loan DAAMO1–98–L–0001 to the
Umatilla Indian Tribe, the current lessee.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of
the Department of Defense, for transfer to appropriations
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
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sions of title 10 and title 32, United States Code; for Oper-
ation and maintenance; for Procurement; and for Research,
development, test and evaluation, $933,700,000: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for
the same purpose as the appropriation to which transferred:
Provided further, That the transfer authority provided
under this heading is in addition to any transfer authority
contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $147,545,000, of which
$144,245,000 shall be for Operation and maintenance, of
which not to exceed $700,000 is available for emergencies
and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may
be made on the Inspector General’s certificate of necessity
for confidential military purposes; and of which $3,300,000
to remain available until September 30, 2003, shall be for
Procurement.
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TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Retire-
ment and Disability System Fund, to maintain proper
funding level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$216,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT
ACCOUNT
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community
Management Account, $177,331,000, of which $22,557,000
for the Advanced Research and Development Committee
shall remain available until September 30, 2002: Provided,
That of the funds appropriated under this heading,
$27,000,000 shall be transferred to the Department of Jus-
tice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence re-
sponsibilities, and of the said amount, $1,500,000 for Pro-
curement shall remain available until September 30, 2002,
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and $1,000,000 for Research, development, test and evalua-
tion shall remain available until September 30, 2002.
PAYMENT TO KAHO’OLAWE
For payment to Kaho’olawe Island Conveyance, Reme-
diation, and Environmental Restoration Fund, as author-
ized by law, $60,000,000, to remain available until ex-
pended.
NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–183,
$6,950,000, to be derived from the National Security Edu-
cation Trust Fund, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS—DEPARTMENT OF
DEFENSE
SEC. 8001. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States
shall not apply to personnel of the Department of Defense:
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess
of the percentage increase authorized by law for civilian
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employees of the Department of Defense whose pay is com-
puted under the provisions of section 5332 of title 5, United
States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employ-
ees, whichever is higher: Provided further, That this section
shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic
missions whose pay is set by the Department of State under
the Foreign Service Act of 1980: Provided further, That the
limitations of this provision shall not apply to foreign na-
tional employees of the Department of Defense in the Re-
public of Turkey.
SEC. 8003. No part of any appropriation contained
in this Act shall remain available for obligation beyond the
current fiscal year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropria-
tions in this Act which are limited for obligation during
the current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Re-
serve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management
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and Budget, transfer not to exceed $2,000,000,000 of work-
ing capital funds of the Department of Defense or funds
made available in this Act to the Department of Defense
for military functions (except military construction) be-
tween such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher pri-
ority items, based on unforeseen military requirements,
than those for which originally appropriated and in no case
where the item for which funds are requested has been de-
nied by the Congress: Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in
this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request
to the Committees on Appropriations for reprogramming
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, United
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States Code, may be maintained in only such amounts as
are necessary at any time for cash disbursements to be made
from such funds: Provided, That transfers may be made be-
tween such funds: Provided further, That transfers may be
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense,
with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Sec-
retary of Defense has notified the Congress of the proposed
transfer. Except in amounts equal to the amounts appro-
priated to working capital funds in this Act, no obligations
may be made against a working capital fund to procure
or increase the value of war reserve material inventory, un-
less the Secretary of Defense has notified the Congress prior
to any such obligation.
SEC. 8007. Funds appropriated by this Act may not
be used to initiate a special access program without prior
notification 30 calendar days in session to the congressional
defense committees.
SEC. 8008. None of the funds provided in this Act shall
be available to initiate: (1) a multiyear contract that em-
ploys economic order quantity procurement in excess of
$20,000,000 in any 1 year of the contract or that includes
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an unfunded contingent liability in excess of $20,000,000;
or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, unless
the congressional defense committees have been notified at
least 30 days in advance of the proposed contract award:
Provided, That no part of any appropriation contained in
this Act shall be available to initiate a multiyear contract
for which the economic order quantity advance procurement
is not funded at least to the limits of the Government’s li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would
exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract
can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared
to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
M2A3 Bradley fighting vehicle; DDG–51 de-
stroyer; C–17; and UH–60/CH–60 aircraft.
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SEC. 8009. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assist-
ance costs incidental to authorized operations and pursuant
to authority granted in section 401 of chapter 20 of title
10, United States Code, and these obligations shall be re-
ported to the Congress on September 30 of each year: Pro-
vided, That funds available for operation and maintenance
shall be available for providing humanitarian and similar
assistance by using Civic Action Teams in the Trust Terri-
tories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association
as authorized by Public Law 99–239: Provided further,
That upon a determination by the Secretary of the Army
that such action is beneficial for graduate medical edu-
cation programs conducted at Army medical facilities lo-
cated in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the Com-
monwealth of the Northern Mariana Islands, the Marshall
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Islands, the Federated States of Micronesia, Palau, and
Guam.
SEC. 8010. (a) During fiscal year 2001, the civilian
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the management
of such personnel during that fiscal year shall not be subject
to any constraint or limitation (known as an end-strength)
on the number of such personnel who may be employed on
the last day of such fiscal year.
(b) The fiscal year 2002 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2002 De-
partment of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of
this provision were effective with regard to fiscal year 2002.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8011. Notwithstanding any other provision of
law, none of the funds made available by this Act shall be
used by the Department of Defense to exceed, outside the
50 United States, its territories, and the District of Colum-
bia, 125,000 civilian workyears: Provided, That workyears
shall be applied as defined in the Federal Personnel Man-
ual: Provided further, That workyears expended in depend-
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ent student hiring programs for disadvantaged youths shall
not be included in this workyear limitation.
SEC. 8012. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8013. (a) None of the funds appropriated by this
Act shall be used to make contributions to the Department
of Defense Education Benefits Fund pursuant to section
2006(g) of title 10, United States Code, representing the
normal cost for future benefits under section 3015(d) of title
38, United States Code, for any member of the armed serv-
ices who, on or after the date of the enactment of this Act,
enlists in the armed services for a period of active duty of
less than 3 years, nor shall any amounts representing the
normal cost of such future benefits be transferred from the
Fund by the Secretary of the Treasury to the Secretary of
Veterans Affairs pursuant to section 2006(d) of title 10,
United States Code; nor shall the Secretary of Veterans Af-
fairs pay such benefits to any such member: Provided, That
these limitations shall not apply to members in combat
arms skills or to members who enlist in the armed services
on or after July 1, 1989, under a program continued or
established by the Secretary of Defense in fiscal year 1991
to test the cost-effective use of special recruiting incentives
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involving not more than 19 noncombat arms skills approved
in advance by the Secretary of Defense: Provided further,
That this subsection applies only to active components of
the Army.
(b) None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any mem-
ber of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund
when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
subsection shall not apply to those members who have reen-
listed with this option prior to October 1, 1987: Provided
further, That this subsection applies only to active compo-
nents of the Army.
SEC. 8014. None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on
or after the date of the enactment of this Act, is performed
by more than 10 Department of Defense civilian employees
until a most efficient and cost-effective organization anal-
ysis is completed on such activity or function and certifi-
cation of the analysis is made to the Committees on Appro-
priations of the House of Representatives and the Senate:
Provided, That this section and subsections (a), (b), and