reimbursable basis, to the Indian Health Service when it
is in conjunction with a civil-military project.
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
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.
(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
(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
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
(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
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
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,
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.
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
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
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.
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
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.
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
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-
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
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.
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
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
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
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.
(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
100
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
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
101
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.
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.
102
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-
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.
103
(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).
(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,
104
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.
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;
105
‘‘Military Personnel, Air Force’’, $92,700,000;
‘‘Operation 
and 
Maintenance, 
Army’’,
$137,300,000;
‘‘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-
106
force of Department contractors and vendors, resulting
from exposure to beryllium or beryllium alloys.
(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
107
beryllium or beryllium alloys in production of prod-
ucts for the Department of Defense.
(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.
108
(7) The Secretary’s recommendations on wheth-
er compensation for work-related illnesses in the De-
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-
109
priations Act, 2000 (Public Law 106–79) for the Grizzly
minefield breacher program, $15,000,000 is hereby trans-
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-
110
sional defense committees, after February 1, 2001, a cer-
tification of the following:
(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.
111
(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
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.
112
(4) The total procurement cost of the Interim
Armored Vehicle program.
(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
113
Acquisition Board exit criteria for the award of low-
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.
114
(b) The provisions of subsection (a) apply during the
current fiscal year and subsequent fiscal years.
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.
115
(C) Results derived to date from the concept
demonstration/validation phase of the program, in-
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
116
fiscal year 2002 Department of Defense budget (as sub-
mitted as part of the budget of the President for fiscal
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.
117
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 2001’’.
Passed the House of Representatives June 7, 2000.
Attest:
Clerk.