H. R. 2561—14
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, $2,211,407,000, to remain available for
obligation until September 30, 2002.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modification
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 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 contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $442,537,000, to
remain available for obligation until September 30, 2002.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
not to exceed 53 passenger motor vehicles for replacement only;
lease of passenger motor vehicles; and expansion of public and
private plants, Government-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, $7,146,157,000, to remain avail-
able for obligation until September 30, 2002.
PROCUREMENT, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of not to exceed 103 passenger motor vehicles for
replacement only; the purchase of seven vehicles required for phys-
ical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $250,000 per
vehicle; 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, $2,249,566,000, to
remain available for obligation until September 30, 2002: Provided,
That of the funds available under this heading, not less than
$39,491,000, including $6,000,000 derived by transfer from
H. R. 2561—15
‘‘Research, Development, Test and Evaluation, Defense-Wide’’, shall
be available only to support Electronic Commerce Resource Centers.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $150,000,000, to remain available
for obligation until September 30, 2002: Provided, That the Chiefs
of the Reserve 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 compo-
nent.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production 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 scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$5,266,601,000, to remain available for obligation until September
30, 2001.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$9,110,326,000, to remain available for obligation until September
30, 2001: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
requirements of the Special Operation Forces: Provided further,
That of the funds available under this heading, no more than
$7,000,000 shall be available only to initiate a cost improvement
program for the Intercooled Recuperated Gas Turbine Engine pro-
gram: Provided further, That the funds identified in the immediately
preceding proviso shall be made available only if the Secretary
of the Navy certifies to the congressional defense committees that
binding commitments to finance the remaining cost of the ICR
cost improvement program have been secured from non-federal
sources: Provided further, That should the Secretary of the Navy
fail to make the certification required in the immediately preceding
proviso by July 31, 2000, the Secretary shall make the funds subject
to such certification available for DD–21 ship propulsion risk reduc-
tion: Provided further, That the Department of Defense shall not
H. R. 2561—16
pay more than one-third of the cost of the Intercooled Recuperated
Gas Turbine Engine cost improvement program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$13,674,537,000, to remain available for obligation until September
30, 2001.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, 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,
$9,256,705,000, to remain available for obligation until September
30, 2001: Provided, That of the amount appropriated in section
102 of division B, title I, of Public Law 105–277 (112 Stat. 2681–
558), the amount of $230,000,000 not covered as of July 12, 1999,
by an official budget request under the third proviso of that section
is available, subject to such an official budget request for that
entire amount, only for the following programs in the specified
amounts:
‘‘Theater High-Altitude Area Defense System—TMD–
EMD’’, $38,000,000;
‘‘PATRIOT PAC–3 Theater Missile Defense Acquisition—
EMD’’, $75,000,000; and
‘‘National Missile Defense Dem/Val’’, $117,000,000:
Provided further, That none of the amount of $230,000,000 described
in the preceding proviso may be made available for obligation
unless the entire amount is released to the Department of Defense
and made available for obligation for the programs, and in the
amounts, specified in the preceding proviso.
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, of independent activi-
ties of the Director, Test and Evaluation in the direction and
supervision of developmental test and evaluation, including
performance and joint developmental testing and evaluation; and
administrative expenses in connection therewith, $265,957,000, to
remain available for obligation until September 30, 2001.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which
is conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses
in connection therewith, $31,434,000, to remain available for obliga-
tion until September 30, 2001.
H. R. 2561—17
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $90,344,000: Provided,
That during fiscal year 2000, funds in the Defense Working Capital
Funds may be used for the purchase of not to exceed 295 passenger
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 Reserve Fleet,
as established by section 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744), $717,200,000, to remain available until
expended: Provided, That none of the funds provided in this para-
graph 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, reduction gears, and propel-
lers); shipboard cranes; and spreaders for shipboard cranes: Pro-
vided 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 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 Representatives and the Senate
that adequate 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 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, $11,154,617,000, of which $10,522,647,000 shall be for Oper-
ation and maintenance, of which not to exceed 2 percent shall
remain available until September 30, 2001; of which $356,970,000,
to remain available for obligation until September 30, 2002, shall
be for Procurement; and of which $275,000,000, to remain available
for obligation until September 30, 2001, shall be for Research,
development, test and evaluation.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY
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
H. R. 2561—18
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,029,000,000,
of which $543,500,000 shall be for Operation and maintenance
to remain available until September 30, 2001, $191,500,000 shall
be for Procurement to remain available until September 30, 2002,
and $294,000,000 shall be for Research, development, test and
evaluation to remain available until September 30, 2001: Provided,
That of the funds available under this heading, $1,000,000 shall
be available until expended 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 Depart-
ment of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United
States Code; for Operation and maintenance; for Procurement; and
for Research, development, test and evaluation, $847,800,000: Pro-
vided, That of the funds appropriated under this heading,
$10,800,000 is hereby transferred to appropriations available for
‘‘Military Construction, Air Force’’ for fiscal year 2000, and the
transferred funds shall be available for study, planning, design,
architect and engineer services at forward operating locations in
the area of responsibility of the United States Southern Command:
Provided further, 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 Inspector Gen-
eral in carrying out the provisions of the Inspector General Act
of 1978, as amended, $137,544,000, of which $136,244,000 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
$1,300,000 to remain available until September 30, 2002, shall
be for Procurement.
H. R. 2561—19
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain proper funding level for
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System, $209,100,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community Manage-
ment Account, $158,015,000, of which $34,923,000 for the Advanced
Research and Development Committee shall remain available until
September 30, 2001: Provided, That of the funds appropriated under
this heading, $27,000,000 shall be transferred to the Department
of Justice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence responsibil-
ities, and of the said amount, $1,500,000 for Procurement shall
remain available until September 30, 2002, and $1,000,000 for
Research, development, test and evaluation shall remain available
until September 30, 2001.
PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND
ENVIRONMENTAL RESTORATION FUND
For payment to Kaho’olawe Island Conveyance, Remediation,
and Environmental Restoration Fund, as authorized by law,
$35,000,000, to remain available until expended.
NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–183,
$8,000,000, to be derived from the National Security Education
Trust Fund, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment 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 indirect 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 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 percentage increase
provided by the appropriate host nation to its own employees,
H. R. 2561—20
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 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 appropriations
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 Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $1,600,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction)
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 requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Sec-
retary 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 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 balances in
working capital funds of the Department of Defense 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 disbursements to be made from such funds: Provided,
That transfers 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’’ 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 Secretary of Defense
has notified the Congress of the proposed transfer. Except in
H. R. 2561—21
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 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 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 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, 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 liability: Provided further, That no part of
any appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in this Act: Provided fur-
ther, 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 deter-
mine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
Longbow Apache Helicopter; Javelin missile; Abrams M1A2
Upgrade; F/A–18E/F aircraft; C–17 aircraft; and F–16 aircraft.
SEC. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appro-
priated 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
chapter 20 of title 10, United States Code, and these obligations
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 humanitarian 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 Secretary
of the Army that such action is beneficial for graduate medical
education programs conducted at Army medical 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 nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana
H. R. 2561—22
Islands, the Marshall Islands, the Federated States of Micronesia,
Palau, and Guam.
SEC. 8010. (a) During fiscal year 2000, the civilian personnel
of the Department of Defense may not be managed 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 2001 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2001 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 2001.
(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 Personnel Manual: Provided further, That workyears
expended in dependent 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 influence congressional
action on any legislation or appropriation 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 services 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 rep-
resenting 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 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 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 member 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