H. R. 2561—57
(7) Lease arrangements authorized by this section may
not commence until:
(A) The Secretary submits a report to the congressional
defense committees outlining the plans for implementing
the Pilot Program. The report shall describe the terms
and conditions of proposed contracts and the savings in
operations and support costs expected to be derived from
retiring older aircraft as compared to the expected cost
of leasing newer replacement aircraft.
(B) A period of not less than 30 calendar days has
elapsed after submitting the report.
(8) Not later than 1 year after the date on which the
first aircraft is delivered under this Pilot Program, and yearly
thereafter on the anniversary of the first delivery, the Secretary
shall submit a report to the congressional defense committees
describing the status of the Pilot Program. The Report will
be based on at least 6 months of experience in operating the
Pilot Program.
(9) No lease of operational support aircraft may be entered
into under this section after September 30, 2004.
(d) The authority granted to the Secretary of the Air Force
by this section is separate from and in addition to, and shall
not be construed to impair or otherwise affect, the authority of
the Secretary to procure transportation or enter into leases under
a provision of law other than this section.
(e) The authority provided under this section may be used
to lease not more than a total of six aircraft for the purposes
of providing operational support.
SEC. 8134. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act for ‘‘Operation and
Maintenance, Air Force’’ is hereby reduced by $100,000,000 to
reflect supplemental appropriations provided under Public Law
106–31 for Readiness/Munitions.
SEC. 8135. Section 8106(a) of the Department of Defense Appro-
priations Act, 1997 (titles I through VIII of the matter under
section 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C.
113 note), is amended—
(1) by striking ‘‘not later than June 30, 1997,’’; and
(2) by striking ‘‘$1,000,000’’ and inserting ‘‘$500,000’’.
SEC. 8136. None of the funds provided for the Joint Warfighting
Experimentation Program may be obligated until the Vice Chairman
of the Joint Chiefs of Staff reports to the congressional defense
committees on the role and participation of all unified and specified
commands in the Joint Warfighting Experimentation Program.
SEC. 8137. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act for the Department of Defense,
$5,000,000, to remain available until September 30, 2000 is hereby
appropriated to the Department of Defense: Provided, That the
Secretary of Defense shall make a grant in the amount of $5,000,000
to the American Red Cross for Armed Forces Emergency Services.
SEC. 8138. The Department of the Army is directed to conduct
a live fire, side-by-side operational test of the air-to-air Starstreak
and air-to-air Stinger missiles from the AH–64D Longbow heli-
copter. The operational test is to be completed utilizing funds pro-
vided for in this Act in addition to funding provided for this purpose
in the Fiscal Year 1999 Defense Appropriations Act (Public Law
105–262): Provided, That notwithstanding any other provision of
H. R. 2561—58
law, the department is to ensure that the development, procurement
or integration of any missile for use on the AH–64 or RAH–66
helicopters, as an air-to-air missile, is subject to a full and open
competition which includes the conduct of a live-fire, side-by-side
test as an element of the source selection criteria: Provided further,
That the Undersecretary of Defense (Acquisition and Technology)
will conduct an independent review of the need, and the merits
of acquiring an air-to-air missile to provide self-protection for the
AH–64 and RAH–66 from the threat of hostile forces. The Secretary
is to provide his findings in a report to the congressional defense
committees, no later than March 31, 2000.
SEC. 8139. During the current fiscal year, under regulations
prescribed by the Secretary of Defense, the Center of Excellence
for Disaster Management and Humanitarian Assistance may also
pay, or authorize payment for, the expenses of providing or facili-
tating education and training for appropriate military and civilian
personnel of foreign countries in disaster management and humani-
tarian assistance: Provided, That not later than April 1, 2001,
the Secretary of Defense shall submit to the congressional defense
committees a report regarding the training of foreign personnel
conducted under this authority during the preceding fiscal year
for which expenses were paid under the section: Provided further,
That the report shall specify the countries in which the training
was conducted, the type of training conducted, and the foreign
personnel trained.
SEC. 8140. Of the funds appropriated in title II under the
heading ‘‘OPERATION AND MAINTENANCE, DEFENSE-WIDE’’ for the
Office of the Special Assistant to the Deputy Secretary of Defense
for Gulf War Illnesses, up to $10,000,000 may be made available
for carrying out the first-year actions under the 5-year research
plan outlined in the report entitled ‘‘Department of Defense Strategy
to Address Low-Level Exposures to Chemical Warfare Agents
(CWAs)’’, dated May 1999, that was submitted to committees of
the Congress pursuant to section 247(d) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 112 Stat. 1957).
SEC. 8141. (a) The Department of Defense is authorized to
enter into agreements with the Veterans Administration and feder-
ally-funded health agencies providing services to Native Hawaiians
for the purpose of establishing a partnership similar to the Alaska
Federal Health Care Partnership, in order to maximize Federal
resources in the provision of health care services by federally-
funded health agencies, applying telemedicine technologies. For the
purpose of this partnership, Native Hawaiians shall have the same
status as other Native Americans who are eligible for the health
care services provided by the Indian Health Service.
(b) The Department of Defense is authorized to develop a con-
sultation policy, consistent with Executive Order No. 13084 (issued
May 14, 1998), with Native Hawaiians for the purpose of assuring
maximum Native Hawaiian participation in the direction and
administration of governmental services so as to render those serv-
ices more responsive to the needs of the Native Hawaiian commu-
nity.
(c) For purposes of this section, the term ‘‘Native Hawaiian’’
means any individual who is a descendant of the aboriginal people
who, prior to 1778, occupied and exercised sovereignty in the area
that now comprises the State of Hawaii.
H. R. 2561—59
SEC. 8142. None of the funds appropriated or otherwise made
available by this Act or any other Act may be made available
for reconstruction activities in the Republic of Serbia (excluding
the province of Kosovo) as long as Slobodan Milosevic remains
the President of the Federal Republic of Yugoslavia (Serbia and
Montenegro).
SEC. 8143. In addition to the amounts provided elsewhere in
this Act, the amount of $5,000,000 is hereby appropriated for ‘‘OPER-
ATION AND MAINTENANCE, DEFENSE-WIDE’’, to be available, notwith-
standing any other provision of law, only for a grant to the United
Service Organizations Incorporated, a federally chartered corpora-
tion under chapter 2201 of title 36, United States Code. The grant
provided for by this section is in addition to any grant provided
for under any other provision of law.
SEC. 8144. None of the funds in this Act shall be available
to initiate a multi-year procurement contract for the Abrams M1A2
Tank Upgrade Program until 30 days after the Department of
the Army has submitted a report to the Congress detailing its
efforts to reduce the costs of the tank upgrade program, to include
the effects and potential savings that would result from any alter-
nate fixed price or fixed quantity option contracts.
SEC. 8145. The multi-year authority for the C–17 granted in
this Act shall become effective once the Secretary of the Air Force
certifies to the congressional defense committees that the average
unit flyaway price of C–17 aircraft P121 through P180 purchased
under a multi-year contract will be at least 25 percent below the
average unit flyaway price of the C–17 under the current 80 aircraft
multi-year procurement program, with both prices calculated in
fiscal year 1999 dollars.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8146. (a) In addition to amounts appropriated elsewhere
in this Act, $1,000,000,000 is hereby appropriated for the F–22
program: Provided, That these funds shall only be available for
transfer to the appropriate F–22 program R–1 and P–1 line items
of titles IV and III of this Act for the purposes of F–22 program
research, development, test and evaluation, and advance procure-
ment: Provided further, That of this amount, not more than
$277,100,000 may be transferred to the ‘‘Aircraft Procurement, Air
Force’’ account only for advance procurement of F–22 aircraft: Pro-
vided further, That any funds transferred for F–22 advance procure-
ment shall not be available for obligation until the Secretary of
Defense certifies to the congressional defense committees that all
1999 Defense Acquisition Board exit criteria have been met: Pro-
vided further, That the transfer authority provided in this section
is in addition to any other transfer authority contained elsewhere
in this Act.
(b) Notwithstanding any other provision of law, the Secretary
of Defense may use funds provided under this section and trans-
ferred to titles IV and III of this Act to continue acquisition of
F–22 test aircraft for which procurement funding has been pre-
viously provided.
(c) The Secretary of the Air Force shall adjust the amounts
of the limitations set forth in subsections (a) and (b) of section
217, Public Law 105–85 accordingly, and may modify any F–22
contracts to implement the requirements of this section.
H. R. 2561—60
(d) Funds appropriated in this Act or any other prior Act
for ‘‘Research, Development, Test and Evaluation, Air Force’’ and
‘‘Aircraft Procurement, Air Force’’ may not be used for acquisition
of more than a total of 17 flight-capable test vehicles for the F–
22 aircraft program.
(e) The Secretary of the Air Force may not 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 incorporating 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-rate initial production of the air-
craft have been met; and
(3) upon completion of the requirements under (e)(1) and
(e)(2) the Director of Operational Test and Evaluation submits
to the congressional defense committees a report assessing
the adequacy of testing to date to measure and predict perform-
ance of F–22 avionics systems, stealth characteristics, and
weapons delivery systems.
(f ) 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.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8147. (a) In addition to the amounts appropriated else-
where in this Act, $300,000,000 is hereby appropriated for F–
22 program termination liability or for other F–22 program contrac-
tual requirements in lieu of termination liability obligations: Pro-
vided, That these funds shall only be available for transfer to
the appropriate F–22 program R–1 and P–1 line items of titles
IV and III of this Act for the purposes specified in this section:
Provided further, That the transfer authority provided in this sec-
tion is in addition to any other transfer authority contained else-
where in this Act: Provided further, That these funds shall not
be available for expenditure until October 1, 2000.
(b) 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.
SEC. 8148. In addition to the amounts provided elsewhere in
this Act, the amount of $5,500,000 is hereby appropriated for ‘‘OPER-
ATION AND MAINTENANCE, DEFENSE-WIDE’’, to be available, notwith-
standing any other provision of law, only for a grant to the High
Desert Partnership in Academic Excellence Foundation, Inc., for
the purpose of developing, implementing, and evaluating a stand-
ards and performance based academic model at schools adminis-
tered by the Department of Defense Education Activity.
SEC. 8149. None of the funds appropriated in this Act may
be used for the payment of a fine or penalty that is imposed
against the Department of Defense or a military department arising
from an environmental violation at a military installation or facility
unless the payment of the fine or penalty has been specifically
authorized by law. For purposes of this section, expenditure of
funds to carry out a supplemental environmental project that is