H. R. 4576—29
Working Capital Funds if such an item would not have been charge-
able to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2002 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2002 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 2002 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.
SEC. 8045. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2002: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended.
SEC. 8046. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
SEC. 8047. Of the funds appropriated by the Department of
Defense under the heading ‘‘Operation and Maintenance, Defense-
Wide’’, not less than $10,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8048. Amounts collected for the use of the facilities of
the National Science Center for Communications and Electronics
during the current fiscal year pursuant to section 1459(g) of the
Department of Defense Authorization Act, 1986, and deposited to
the special account established under subsection 1459(g)(2) of that
Act are appropriated and shall be available until expended for
the operation and maintenance of the Center as provided for in
subsection 1459(g)(2).
SEC. 8049. None of the funds appropriated in this Act may
be used to fill the commander’s position at any military medical
facility with a health care professional unless the prospective can-
didate can demonstrate professional administrative skills.
SEC. 8050. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
H. R. 4576—30
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from con-
tracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality-competitive, and available in a timely
fashion.
SEC. 8051. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procure-
ment determines—
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements
of equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense, who
has been confirmed by the Senate, determines that the award
of such contract is in the interest of the national defense.
SEC. 8052. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that head-
quarters.
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
SEC. 8053. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C.
H. R. 4576—31
414) during fiscal year 2001 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2001.
SEC. 8054. Notwithstanding section 303 of Public Law 96–
487 or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air Facility,
Adak, Alaska, pursuant to 10 U.S.C. 2667(f ), for commercial, indus-
trial or other purposes: Provided, That notwithstanding any other
provision of law, the Secretary of the Navy may remove hazardous
materials from facilities, buildings, and structures at Adak, Alaska,
and may demolish or otherwise dispose of such facilities, buildings,
and structures.
(RESCISSIONS)
SEC. 8055. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded as
of the date of the enactment of this Act, or October 1, 2000,
whichever is later, from the following accounts in the specified
amounts:
‘‘Aircraft Procurement, Army, 2000/2002’’, $7,000,000;
‘‘Missile Procurement, Army, 2000/2002’’, $6,000,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army, 2000/2002’’, $7,000,000;
‘‘Procurement 
of 
Ammunition, 
Army, 
2000/2002’’,
$5,000,000;
‘‘Other Procurement, Army, 2000/2002’’, $16,000,000;
‘‘Aircraft Procurement, Navy, 2000/2002’’, $24,125,000;
‘‘Weapons Procurement, Navy, 2000/2002’’, $3,853,000;
‘‘Procurement of Ammunition, Navy and Marine Corps,
2000/2002’’, $1,463,000;
‘‘Shipbuilding 
and 
Conversion, 
Navy, 
2000/2004’’,
$19,644,000;
‘‘Other Procurement, Navy, 2000/2002’’, $12,032,000;
‘‘Procurement, Marine Corps, 2000/2002’’, $3,623,000;
‘‘Aircraft Procurement, Air Force, 2000/2002’’, $32,743,000;
‘‘Missile Procurement, Air Force, 2000/2002’’, $5,500,000;
‘‘Procurement of Ammunition, Air Force, 2000/2002’’,
$1,232,000;
‘‘Other Procurement, Air Force, 2000/2002’’, $19,902,000;
‘‘Procurement, Defense-Wide, 2000/2002’’, $6,683,000;
‘‘Research, Development, Test and Evaluation, Army, 2000/
2001’’, $20,592,000;
‘‘Research, Development, Test and Evaluation, Navy, 2000/
2001’’, $35,621,000;
‘‘Research, Development, Test and Evaluation, Air Force,
2000/2001’’, $53,467,000;
‘‘Research, Development, Test and Evaluation, Defense-
Wide, 2000/2001’’, $36,297,000;
‘‘Defense Health Program, 2000/2002’’, $808,000; and
‘‘Chemical Agents and Munitions Destruction, Army, 2000/
2002’’, $1,103,000:
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: Provided further, That such proportionate reduction shall
not be applied to any funds that will not remain available for
obligation beyond fiscal year 2000: Provided further, That the fol-
lowing additional amounts are hereby rescinded as of the date
H. R. 4576—32
of the enactment of this Act, or October 1, 2000, whichever is
later, from the following accounts in the specified amounts:
‘‘Other Procurement, Army, 1999/2001’’, $3,000,000;
‘‘Aircraft Procurement, Air Force, 1999/2001’’, $12,300,000;
‘‘Other Procurement, Air Force, 1999/2001’’, $8,000,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army, 2000/2002’’, $23,000,000;
‘‘Other Procurement, Army, 2000/2002’’, $29,300,000;
‘‘Aircraft Procurement, Navy, 2000/2002’’, $6,500,000;
‘‘Aircraft Procurement, Air Force, 2000/2002’’, $24,000,000;
‘‘Missile Procurement, Air Force, 2000/2002’’, $36,192,000;
‘‘Other Procurement, Air Force, 2000/2002’’, $20,000,000;
‘‘Research, Development, Test and Evaluation, Army, 2000/
2001’’, $22,000,000;
‘‘Research, Development, Test and Evaluation, Air Force,
2000/2001’’, $30,000,000; and
‘‘Reserve 
Mobilization 
Income 
Insurance 
Fund’’,
$13,000,000.
SEC. 8056. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8057. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of North Korea unless specifi-
cally appropriated for that purpose.
SEC. 8058. During the current fiscal year, funds appropriated
in this Act are available to compensate members of the National
Guard for duty performed pursuant to a plan submitted by a Gov-
ernor of a State and approved by the Secretary of Defense under
section 112 of title 32, United States Code: Provided, That during
the performance of such duty, the members of the National Guard
shall be under State command and control: Provided further, That
such duty shall be treated as full-time National Guard duty for
purposes of sections 12602(a)(2) and (b)(2) of title 10, United States
Code.
SEC. 8059. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Foreign Intelligence
Program (NFIP), the Joint Military Intelligence Program (JMIP),
and the Tactical Intelligence and Related Activities (TIARA) aggre-
gate: Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
SEC. 8060. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical
and medical support personnel assigned to military treatment facili-
ties below the September 30, 2000 level: Provided, That the Service
H. R. 4576—33
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and
capitation-based budgeting.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8061. None of the funds appropriated in this Act may
be transferred to or obligated from the Pentagon Reservation
Maintenance Revolving Fund, unless the Secretary of Defense cer-
tifies that the total cost for the planning, design, construction
and installation of equipment for the renovation of the Pentagon
Reservation will not exceed $1,222,000,000.
SEC. 8062. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropria-
tions law.
(TRANSFER OF FUNDS)
SEC. 8063. Appropriations available in this Act under the
heading ‘‘Operation and Maintenance, Defense-Wide’’ for increasing
energy and water efficiency in Federal buildings may, during their
period of availability, be transferred to other appropriations or
funds of the Department of Defense for projects related to increasing
energy and water efficiency, to be merged with and to be available
for the same general purposes, and for the same time period,
as the appropriation or fund to which transferred.
SEC. 8064. None of the funds appropriated in fiscal year 2000
and by this Act may be used for the procurement of vessel propellers
and ball and roller bearings other than those produced by a domestic
source and of domestic origin: Provided, That the Secretary of
the military department responsible for such procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representa-
tives 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: Provided further,
That this restriction shall not apply to the purchase of ‘‘commercial
items’’, as defined by section 4(12) of the Office of Federal Procure-
ment Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
SEC. 8065. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available
to provide transportation of medical supplies and equipment, on
a nonreimbursable basis, to American Samoa, and funds available
to the Department of Defense shall be made available to provide
transportation of medical supplies and equipment, on a non-
reimbursable basis, to the Indian Health Service when it is in
conjunction with a civil-military project.
H. R. 4576—34
SEC. 8066. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense 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 available from United States manufacturers.
SEC. 8067. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to participate
in any manufacturing extension program financed by funds appro-
priated in this or any other Act.
SEC. 8068. 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 unemployment rate in excess of the national average rate of
unemployment 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, individuals 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 require-
ments of this section, on a case-by-case basis, in the interest of
national security.
SEC. 8069. 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. 8070. (a) LIMITATION ON TRANSFER OF DEFENSE 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 defense commit-
tees, the Committee on International Relations 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-enforcement
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-enforce-
ment, 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 equipment or
supplies—
H. R. 4576—35
(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
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide 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 Sec-
retary 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 Serv-
ices, and Foreign Relations of the Senate and the Committees
on Appropriations, Armed Services, and International Relations
in the House of Representatives on the implementation of this
program: Provided further, That amounts charged for administra-
tive 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 Department
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 associated
with a business combination.
SEC. 8073. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or provide
for the transportation of chemical munitions or agents to the John-
ston Atoll for the purpose of storing or demilitarizing such muni-
tions 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
$30,000,000 of appropriations made in this Act under the heading
H. R. 4576—36
‘‘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 personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
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 ‘‘Shipbuilding 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 expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8078. The Under Secretary of Defense (Comptroller) shall
submit to the congressional defense committees 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
administration costs includes all in-house Government cost.
H. R. 4576—37
SEC. 8080. 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 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 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. 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 Republic
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 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. 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 operation of the military depart-
ment 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 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.
SEC. 8085. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby 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;