H. R. 2561—40
Craft, outfitting, post delivery, conversions, and
first destination transportation, $9,000;
From:
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1996/2000’’:
SSN–21 attack submarine program, $10,100,000;
LHD–1 
amphibious 
assault 
ship 
program,
$7,100,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1996/2000’’:
DDG–51 destroyer program, $3,723,000;
LPD–17 
amphibious 
transport 
dock 
ship,
$13,477,000.
SEC. 8083. The Under Secretary of Defense (Comptroller) shall
submit to the congressional defense committees by February 1,
2000, a detailed report identifying, by amount and by separate
budget activity, activity group, subactivity group, line item, program
element, program, project, subproject, and activity, any activity
for which the fiscal year 2001 budget request was reduced because
the Congress appropriated funds above the President’s budget
request for that specific activity for fiscal year 2000.
SEC. 8084. 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
administration costs includes all in-house Government cost.
SEC. 8085. During the current fiscal year, the Secretary of
Defense may waive reimbursement of the cost of conferences, semi-
nars, courses of instruction, or similar educational activities of
the Asia-Pacific Center for Security Studies for military officers
and civilian officials of foreign nations if the Secretary determines
that attendance 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 subsection
shall be paid from appropriations available for the Asia-Pacific
Center.
SEC. 8086. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, 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 Distance 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. 8087. 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 Republic
of Germany: Provided, That in the City of Kaiserslautern such
agreements will include the use of United States anthracite as
H. R. 2561—41
the base load energy for municipal district heat to the United
States Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United States
coal as an energy source.
SEC. 8088. 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 operation of the military depart-
ment or defense agency with which the invoice or contract payment
is associated.
SEC. 8089. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory require-
ments: Provided, That this restriction 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 Representatives and the Senate that it is in the
national security interest to do so.
(RESCISSIONS)
SEC. 8090. Of the funds provided in the Department of Defense
Appropriations Act, 1999 (Public Law 105–262), $452,100,000, to
reflect savings from revised economic assumptions, is hereby
rescinded as of the date of the enactment of this Act, or October
1, 1999, whichever is later, from the following accounts in the
specified amounts:
‘‘Aircraft Procurement, Army’’, $8,000,000;
‘‘Missile Procurement, Army’’, $7,000,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, $9,000,000;
‘‘Procurement of Ammunition, Army’’, $6,000,000;
‘‘Other Procurement, Army’’, $19,000,000;
‘‘Aircraft Procurement, Navy’’, $44,000,000;
‘‘Weapons Procurement, Navy’’, $8,000,000;
‘‘Procurement of Ammunition, Navy and Marine Corps’’,
$3,000,000;
‘‘Shipbuilding and Conversion, Navy’’, $37,000,000;
‘‘Other Procurement, Navy’’, $23,000,000;
‘‘Procurement, Marine Corps’’, $5,000,000;
‘‘Aircraft Procurement, Air Force’’, $46,000,000;
‘‘Missile Procurement, Air Force’’, $14,000,000;
‘‘Procurement of Ammunition, Air Force’’, $2,000,000;
‘‘Other Procurement, Air Force’’, $44,400,000;
‘‘Procurement, Defense-Wide’’, $5,200,000;
‘‘Chemical Agents and Munitions Destruction, Army’’,
$5,000,000;
‘‘Research, Development, Test and Evaluation, Army’’,
$20,000,000;
‘‘Research, Development, Test and Evaluation, Navy’’,
$40,900,000;
‘‘Research, Development, Test and Evaluation, Air Force’’,
$76,900,000; and
H. R. 2561—42
‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, $28,700,000:
Provided, That these reductions shall be applied proportionally
to each budget activity, activity group and subactivity group and
each program, project, and activity within each appropriation
account.
SEC. 8091. The budget of the President for fiscal year 2001
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, and each annual budget request thereafter,
shall include budget activity groups (known as ‘‘subactivities’’) in
all appropriations accounts provided in this Act, as may be nec-
essary, to separately identify all costs incurred by the Department
of Defense to support the North Atlantic Treaty Organization and
all Partnership For Peace programs and initiatives. The budget
justification materials submitted to the Congress in support of
the budget of the Department of Defense for fiscal year 2001,
and subsequent fiscal years, shall provide complete, detailed esti-
mates for all such costs.
SEC. 8092. None of the funds made available in this Act may
be used to approve or license the sale of the F–22 advanced tactical
fighter to any foreign government.
SEC. 8093. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters
50–65) of the Harmonized Tariff Schedule and products classified
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
(d) None of the funds appropriated or otherwise provided for
the Department of Defense in this or any other Act for any fiscal
year may be obligated or expended for procurement of a nuclear-
capable shipyard crane from a foreign source. Subsection (a) does
not apply to the limitation in the preceding sentence.
SEC. 8094. Funds made available to the Civil Air Patrol in
this Act under the heading ‘‘Drug Interdiction and Counter-Drug
Activities, Defense’’ may be used for the Civil Air Patrol Corpora-
tion’s counterdrug program, including its demand reduction pro-
gram involving youth programs, as well as operational and training
H. R. 2561—43
drug reconnaissance missions for Federal, State, and local govern-
ment agencies; for administrative costs, including the hiring of
Civil Air Patrol Corporation employees; for travel and per diem
expenses of Civil Air Patrol Corporation personnel in support of
those missions; and for equipment needed for mission support or
performance: Provided, That of these funds, $300,000 shall be made
available to establish and operate a distance learning program:
Provided 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.
SEC. 8095. Notwithstanding any other provision of law, the
TRICARE managed care support contracts in effect, or in final
stages of acquisition as of September 30, 1999, may be extended
for 2 years: Provided, That any such extension may only take
place if the Secretary of Defense determines that it is in the best
interest of the Government: Provided further, That any contract
extension shall be based on the price in the final best and final
offer for the last year of the existing contract as adjusted for
inflation and other factors mutually agreed to by the contractor
and the Government: Provided further, That notwithstanding any
other provision of law, all future TRICARE managed care support
contracts replacing contracts in effect, or in the final stages of
acquisition as of September 30, 1999, may include a base contract
period for transition and up to seven 1-year option periods.
SEC. 8096. None of the funds in this Act may be used to
compensate an employee of the Department of Defense who initiates
a new start program without notification to the Office of the Sec-
retary of Defense, the Office of Management and Budget, and
the congressional defense committees, as required by Department
of Defense financial management regulations.
SEC. 8097. In addition to the amounts provided elsewhere in
this Act, notwithstanding any other provision of law, $5,000,000
is hereby appropriated to the Office of the Secretary of Defense,
and is available only for a grant to the Women in Military Service
for America Memorial Foundation, Inc., only for costs associated
with completion of the ‘‘Women in Military Service For America’’
memorial at Arlington National Cemetery.
SEC. 8098. TRAINING AND OTHER PROGRAMS. (a) PROHIBITION.—
None of the funds made available by this Act may be used to
support any training program involving a unit of the security forces
of a foreign country if the Secretary of Defense has received credible
information from the Department of State that the unit has com-
mitted a gross violation of human rights, unless all necessary
corrective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a decision
to conduct any training program referred to in subsection (a), full
consideration is given to all credible information available to the
Department of State relating to human rights violations by foreign
security forces.
(c) WAIVER.—The Secretary of Defense, after consultation with
the Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by extraordinary
circumstances.
(d) REPORT.—Not more than 15 days after the exercise of any
waiver under subsection (c), the Secretary of Defense shall submit
a report to the congressional defense committees describing the