Department of Defense Appropriations Act, 2000
PL 106-79 (H.R.2561), enacted 10/25/1999

113 STAT. 1212 
PUBLIC LAW 106-79—OCT. 25, 1999 
Public Law 106-79 
106th Congress 
An Act 
Oct. 25, 1999 
Making appropriations for the Department of Defense for the fiscal year ending 
[H.R. 2561] 
September 30, 2000, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Department of 
the United States of America in Congress assembled, That the 
Defense 
following sums are appropriated, out of any money in the Treasury 
Act^'2^^*^°'^^ 
^®* otherwise appropriated, for the fiscal year ending September 
30, 2000, for military fimctions administered by the Depeirtment 
of Defense, and for other purposes, namely: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowEinces, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station 
travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of 
the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fund, $22,006,361,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station 
travel 
(including all expenses thereof for organizationed movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, and aviation 
cadets; and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of 
the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fund, $17,258,823,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station 
travel 
(including all expenses thereof for organizationgd movements), and 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1213 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except 
members of the Reserve provided for elsewhere); and for payments 
pursuant to section 156 of Public Law 97-377, as Eimended (42 
U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund, $6,555,403,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent 
change of station 
travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for pa5nnents pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of 
the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fimd, $17,861,803,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve on active 
duty imder sections 10211, 10302, and 3038 of title 10, United 
States Code, or while serving on active duty imder section 12301(d) 
of title 10, United States Code, in connection with performing 
duty specified in section 12310(a) of title 10, United States Code, 
or while imdergoing reserve training, or while performing drills 
or equivalent duty or other duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 
of title 10, United States Code; and for pa3anents to the Department 
of Defense Military Retirement Fimd, $2,289,996,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowEinces, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Navy Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Reserve Officers' Tredning Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and 
for payments to the Department of Defense Military Retirement 
Fund, $1,473,388,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Marine Corps Reserve 
on active duty under section 10211 of title 10, United States Code, 
or while serving on active duty amder section 12301(d) of title 
10, United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent 
69-194 -01-7:QL3Pait2 
113 STAT. 1214 
PUBLIC LAW 106-79—OCT. 25, 1999 
duty, and for members of the Marine Corps platoon leaders class, 
and expenses authorized by section 16131 of title 10, United States 
Code; £ind for payments to the Department of Defense Military 
Retirement Fimd, $412,650,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, gJlowances, clothing, subsistence, gratuities, travel, 
£ind related expenses for personnel of the Air Force Reserve on 
active duty imder sections 10211, 10305, and 8038 of title 10, 
United States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with per-
forming duty specified in section 12310(a) of title 10, United States 
Code, or while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and for members of the 
Air Reserve Officers' Training Corps, euid expenses authorized by 
section 16131 of title 10, United States Code; and for payments 
to 
the 
Department 
of Defense 
Military 
Retirement 
Fund, 
$892,594,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard 
while on duty under section 10211, 10302, or 12402 of title 10 
or section 708 of title 32, United States Code, or while serving 
on duty under section 12301(d) of title 10 or section 502(f) of 
title 32, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or 
while undergoing training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the DepEirtment 
of Defense Military Retirement Fimd, $3,610,479,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National Gueird on 
duty under section 10211, 10305, or 12402 of title 10 or section 
708 of title 32, United States Code, or while serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going trgdning, or while performing drills or equivalent duty or 
other duty, Euid expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $1,533,196,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1215 
and not to exceed $10,624,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Army, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$19,256,152,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund: 
Provided, That of the funds made avsdlable under this heading, 
$5,000,000, to remain available until expended, shall be transferred 
to "National Park Service—Construction" within 30 days of the 
enactment of this Act, only for necessary infrastructure repair 
improvements at Fort Baker, under the management of the Golden 
Gate Recreation Area: Provided further, That of the funds appro-
priated in this paragraph, not less than $355,000,000 shall be 
made avsdlable only for conventional ammunition csire and mainte-
UEince: Provided further, That of the funds appropriated imder 
this heading, $4,000,000 shall not be available until 30 days after 
the Secretary of the Army provides to the congressional defense 
committees the results of an assessment, solicited by means of 
a competitive bid, on the prospects of recovering costs associated 
with the environmental restoration of the Depetrtment of the Army's 
government-owned, contractor-operated facilities: Provided 
further. 
That of the funds made available under this heading, $7,000,000 
shall only be available to the Secretary of the Army, acting through 
the Chief of Engineers, only for demolition and removal of facilities, 
buildings, and structures used at MOTBY (a Military Traffic 
Management Command facility): Provided further. That notwith-
standing section 2215 of title 10. United States Code, of the funds 
appropriated in this paragraph, $975,666 is authorized to be trans-
ferred to the Presidential Advisory Commission on Holocaust Assets 
in the United States, to remain available until Meirch 31, 2001. 
OPERATION AND MAINTENANCE, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, 
as authorized by law; and not to exceed $5,155,000 can be used 
for emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Navy, and pay-
ments may be made on his certificate of necessity for confidential 
military purposes, $22,958,784,000 and, in addition, $50,000,000 
shall be derived by transfer from the National Defense Stockpile 
Transaction Fiuid. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the 
operation and maintengmce of the Marine Corps, as authorized 
by law, $2,808,354,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; 
and not to exceed $7,882,000 can be used for emergencies and 
113 STAT. 1216 
PUBLIC LAW 106-79—OCT. 25, 1999 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Air Force, and payments may be made 
on his certificate of necessity for confidential military purposes, 
$20,896,959,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund: 
Provided, That, notwithstanding any other provision of law, that 
of the funds available under this heading, $950,000 shall only 
be available to the Secretary of the Air Force for a grant to Florida 
Memorial College for the purpose of funding minority aviation 
training. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and mainteuEuice of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law, $11,489,483,000, of which not to exceed $25,000,000 
may be available for the CINC initiative fund account; and of 
which not to exceed $32,300,000 can be used for emergencies and 
extraordinguy expenses, to be expended on the approved or authority 
of the Secretary of Defense, and payments may be made on his 
certificate of necessity for confidential military purposes: Provided, 
That of the amoiuit appropriated imder the heading "Operation 
and Maintenance, Defense-Wide" in division B, title I, of PubUc 
Law 105-277, the amoimt of $202,000,000 not covered as of July 
12, 1999, by an officied budget request under the fifth proviso 
of that section is available, subject to such an ofiicial budget request 
for that entire Eimount, only for the following accounts in the speci-
fied amoiuits: 
"Other Procurement, Air Force", $102,000,000; and 
"Procurement, Defense-Wide", $100,000,000: 
Provided further, That none of the amount of $202,000,000 described 
in the preceding proviso may be made available for obUgation 
unless the entire amoiuit is released to the Department of Defense 
and made available for obligation for the accoimts, euid in the 
amounts, specified in the preceding proviso: Provided further, That 
of the amoiuits provided under this heading, $20,000,000 to remain 
available until expended, is available only for expenses relating 
to certain classified activities, eind may be transferred as necessary 
by the Secreteiry of Defense to operation and maintenance, procure-
ment, and research, development, test and evaluation appropria-
tions accounts, to be merged with and to be available for the 
same time period as the appropriations to which transferred: Pro-
vided further. That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
in this Act: Provided further. That of the funds made available 
under this heading, $10,000,000 shall be available only for retro-
fitting security containers that are under the control of, or that 
are accessible by, defense contractors. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation £uid medntenance, including training, orgguiization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and treuisportation; 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1217 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,469,176,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintensince, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $958,978,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including trsdning, organization, and 
administration, of the Marine Corps Reserve; repair of facilities 
and equipment; hire of passenger motor vehicles; travel and 
transportation; ceire of the dead; recruiting; procurement of services, 
supplies, and equipment; and communications, $138,911,000. 
OPERATION AND MAINTENANCE, Am FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, £ind 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications, $1,782,591,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Army National Guard, including medical and hospitgd treatment 
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repEurs to structures and facilities; hire of passenger 
motor vehicles; personnel services in the Nationsd Gueird Btu*eau; 
travel expenses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Gusird division, 
regimental, and battalion commanders while inspecting luiits in 
compli£ince with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; suppl3dng 
and equipping the Army Nationed Guard as authorized by law; 
and expenses of repeur, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $3,161,378,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air Nationed Guard, 
including medical and hospital treatment and related expenses 
in non-Federal hospitals; maintenance, operation, repair, and other 
necessary expenses of facilities for the training and administration 
of the Air NationeJ Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of 
things, hire of passenger motor vehicles; supplies, materials, and 
equipment, as authorized by law for the Air National Gueird; and 
expenses incident to the maintenance and use of supplies, materials, 
and equipment, including such as may be furnished from stocks 
113 STAT. 1218 
PUBLIC LAW 106-79—OCT. 25, 1999 
under the control of agencies of the Department of Defense; travel 
expenses (other than mileage) on the saime basis as authorized 
by law for Air National Guard personnel on active Federal duty, 
for Air National Gueird commanders while inspecting units in 
complisince with National Guard Biu*eau regulations when specifi-
ceJly 
authorized 
by 
the 
Chief, 
National 
Guard 
Bureau, 
$3,241,138,000. 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLTJDING TRANSFER OF FUNDS) 
For expenses directly relating to Overseas Contingency Oper-
ations by United States military forces, $1,722,600,000, to remain 
avEulable until expended: Provided, That the Secretary of Defense 
may transfer these funds only to operation and maintensuice 
accoxuits within this title, the Defense Health Program appropria-
tion, and to working capital funds: Provided further. That the 
funds transferred shall be merged with and shall be available 
for the same purposes and for the same time period, as the appro-
priation to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessauy for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further. That the transfer authority provided in this paragraph 
is in addition to any other transfer authority cont£uned elsewhere 
in this Act. 
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES 
For salaries and expenses necessary for the United States 
Court of Appeals for the Armed Forces, $7,621,000, of which not 
to exceed $2,500 can be used for official representation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $378,170,000, to remain 
available luitil trguisferred: Provided, That the Secretary of the 
Army shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazsirdous 
waste, removal of unsafe buildings and debris of the Department 
of the Army, or for similar purposes, treuisfer the fluids made 
avEiilable by this appropriation to other appropriations made avail-
able to the Department of the Army, to be merged with euid to 
be available for the same purposes £md for the saune time period 
as the appropriations to which transferred: Provided further. That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amoiuits may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FLINDS) 
For the Department of the Navy, $284,000,000, to remain avail-
able until transferred: Provided, That the Secretary of the Navy 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1219 
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the 
Navy, or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made available to 
the DepEotment of the Navy, to be merged with and to be available 
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such 
amoiuits may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $376,800,000, to remain 
available until transferred: Provided, That the Secretary of the 
Air Force shall, upon determining that such funds are required 
for environmentgd restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris of the Department 
of the Air Force, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with and 
to be available for the same purposes and for the same time period 
as the appropriations to which trzuisferred: Provided further. That 
upon a determination that edl or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such eunounts may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $25,370,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense 
shedl, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of 
Defense, or for similar purposes, treuisfer the funds made available 
by this appropriation to other appropriations made available to 
the Department of Defense, to be merged with and to be available 
for the same purposes and for the same time period as the appro-
priations to which trsuisferred: Provided further. That upon a deter-
mination that all or part of the fimds trsuisferred from this appro-
priation are not necessary for the purposes provided herein, such 
eunounts may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $239,214,000, to remain 
avEulable until transferred: Provided, That the Secretary of the 
Army shedl, upon determining that such funds are required for 
environmental restoration, reduction £uid recycling of hazardous 
waste, removgJ of unsafe buildings and debris at sites formerly 
used by the Department of Defense, transfer the funds made avail-
able by this appropriation to other appropriations made available 
113 STAT. 1220 
PUBLIC LAW 106-79—OCT. 25, 1999 
to the Department of the Army, to be merged with and to be 
available for the s£ime purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be tr£insferred back to this appropriation. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, Disaster, 
and Civic Aid programs of the Depeutment of Defense (consisting 
of the programs provided under sections 401, 402, 404, 2547, and 
2551 of title 10, United States Code), $55,800,000, to remain avail-
able until September 30, 2001. 
FORMER SOVIET UNION THREAT REDUCTION 
For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by greints, for facili-
tating the elimination £ind the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons compo-
nents, and weapon-related technology and expertise; for programs 
relating to the training and support of defense and military per-
sonnel for demilitgirization and protection of weapons, weapons 
components and weapons technology £uid expertise, $460,500,000, 
to remain available until September 30, 2002: Provided, That of 
the amounts provided under this heading, $25,000,000 shall be 
available only to support the dismantling £ind disposal of nuclear 
submarines and submarine reactor components in the Russian Y&r 
East. 
QUALITY OF LIFE ENHANCEMENTS, DEFENSE 
For expenses, not otherwise provided for, resulting from 
unfunded shortfalls in the repair and msdntenance of real property 
of the Department of Defense (including military housing and bar-
racks), $300,000,000, for the medntenance of real property of the 
Department of Defense (including minor construction and major 
mainteneince and repair), which shall remain available for obligation 
until September 30, 2001, as follows: 
Army, $77,000,000; 
Navy, $77,000,000; 
Marine Corps, $58,500,000; 
Air Force, $77,000,000; and 
Defense-Wide, $10,500,000: 
Provided, That notwithstanding any other provision of law, of the 
funds appropriated under this heacfing for Defense-Wide activities, 
the entire amount shall only be available for grants by the Secretary 
of Defense to local educational authorities which medntain primeiry 
and secondary educational facilities located within Department of 
Defense installations, and which are used primarily by Department 
of Defense military eind civilian dependents, for facility repairs 
and improvements to such educational facilities: Provided 
further. 
That such grants to local educational authorities may be made 
for repairs and improvements to such educational facilities as 
required to meet classroom size requirements: Provided 
further. 
That the cumulative amount of any grant or grants to any single 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1221 
local educational authority provided pursuant to the provisions 
under this heading shall not exceed $1,500,000. 
PENTAGON RENOVATION TRANSFER FUND 
For expenses, not otherwise provided for, resulting from the 
Department of Defense renovation of the Pentagon Reservation, 
$222,800,000, for the renovation of the Pentagon Reservation, which 
shall remain available for obligation imtil September 30, 2001. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare psirts, and accessories therefor; special-
ized equipment and training devices; expaoision of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approvEil of title; and 
procurement 
and installation of equipment, 
appligmces, and 
machine tools in public and private plants; reserve pleuit and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $1,451,688,000, to 
remain available for obligation until September 30, 2002. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
m^odemization of missiles, equipment, including ordnance, ground 
heuidling equipment, spare pguts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including 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 
Euid installation 
of equipment, 
appliances, 
and 
machine tools in public and private plemts; reserve plsmt and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $1,322,305,000, to 
remain available for obligation until September 30, 2002. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEincLES, 
ARMY 
For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
Eind training devices; expansion of public and private plsuits, 
including 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 
113 STAT. 1222 
PUBLIC LAW 106-79—OCT. 25, 1999 
expenses necessary for the foregoing purposes, $1,586,490,000, to 
remeiin available for obligation until September 30, 2002. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, eind modification 
of ammunition, £ind accessories therefor; specialized equipment eind 
training devices; expansion of public and private pleints, including 
ammim^ition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such leinds 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 pleuits; reserve plant and 
Government eind contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $1,204,120,000, to 
remain available for obligation until September 30, 2002. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and non-tracked combat 
vehicles; the purchase of not to exceed 36 passenger motor vehicles 
for replacement only; aind the purchase of three vehicles required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $200,000 per 
vehicle; communications and electronic equipment; other support 
equipment; spare parts, ordnance, and accessories therefor; special-
ized equipment and trsdning devices; expansion of public and private 
plants, including the land necessEiry therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
£ind construction prosecuted thereon prior to approval of title; £ind 
procurement 
£ind insteJlation of equipment, 
appliances, 
and 
machine tools in public and private plants; reserve plsuit £ind 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $3,738,934,000, to 
remain available for obligation until September 30, 2002. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of edrcraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion 
of public and private plants, including the leuid necessary therefor, 
and such lands amd interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement 
and installation of equipment, 
appliances, £ind 
machine tools in public and private plants; reserve plant and 
Grovernment 
and 
contractor-owned 
equipment 
layaway, 
$8,662,655,000, to remain available for obligation until September 
30, 2002. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1223 
therefor, 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, £ind 
machine tools in public and private plants; reserve plant emd 
Government 
and 
contractor-owned 
equipment 
layaway, 
$1,383,413,000, to remain available for obligation until September 
30, 2002. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For construction, procurement, production, Eind 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, $525,200,000, to 
remain available for obligation imtil September 30, 2002. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliguices, and machine tools 
and insteJlation thereof in public and private plants; reserve plant 
and 
Grovernment 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private pleints, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, as follows: 
NSSN (AP), $748,497,000; 
CVN-77 (AP), $751,540,000; 
CVN Refuelings (AP), $345,565,000; 
DDG-51 destroyer program, $2,681,653,000; 
LPD-17 amphibious transport dock ship, $1,508,338,000; 
LHD-8 (AP), $375,000,000; 
ADC(X), $439,966,000; 
LCAC landing craft air cushion program, $31,776,000; and 
For craft, outfitting, post delivery, conversions, and first 
destination transportation, $171,119,000; 
In all: $7,053,454,000, to remeiin available for obligation until 
September 30, 2004: Provided, That additional obligations may 
be incurred after September 30, 2004, for engineering services, 
tests, evaluations, and other such budgeted work that must be 
performed in the final stage of ship construction: Provided 
further, 
That none of the funds provided under this heading for the construc-
tion or conversion of any naval vessel to be constructed in shipyards 
in the United States sh2Ql be expended in foreign facilities for 
the construction of major components of such vessel: Provided fur-
ther. That none of the funds provided under this heading shall 
be used for the construction of any naval vessel in foreign shipyards: 
Provided further. That the Secretary of the Navy is hereby granted 
113 STAT. 1224 
PUBLIC LAW 106-79—OCT. 25, 1999 
the authority to enter into a contract for an LHD-1 Amphibious 
Assault Ship which shall be funded on an incremental basis. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support 
equipment and materials not otherwise provided for. Navy ordnance 
(except ordnance for new aircreift, new ships, and ships authorized 
for conversion); the purchase of not to exceed 50 passenger motor 
vehicles for replacement only; expansion of public and private 
plEints, including the land necessary therefor, and such leuids and 
interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement £uid installation 
of equipment, appliances, and machine tools in public and private 
plsints; reserve plant and Government £ind contractor-owned equip-
ment layaway, $4,320,238,000, to remain aveiilable for obligation 
until September 30, 2002. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, speire 
parts, £ind accessories therefor; plant equipment, appliances, and 
machine tools, and instgJlation thereof in public and private plants; 
reserve plsint and Government and contractor-owned equipment 
layaway; vehicles for the Marine Corps, including the purchase 
of not to exceed 43 passenger motor vehicles for replacement only; 
and expansion of public and private plants, including land necessary 
therefor, £uid such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title, 
$1,300,920,000, to remain available for obligation imtil September 
30, 2002. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, lease, and modification of air-
craft and equipment, including armor and armament, speciedized 
ground hgoidling equipment, and training devices, spEire parts, and 
accessories therefor; specisdized equipment; expansion of public and 
private plants. Government-owned equipment and installation 
thereof in such pleints, erection of structiu'es, £ind acquisition of 
land, for the foregoing purposes, and such lands euid interests 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve pleint and Grovemment and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes including rents and transportation of things, 
$8,228,630,000, to remain available for obligation until September 
30, 2002. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and tredning 
devices; expansion of public and private plants, Government-owned 
equipment and installation thereof in such plEints, erection of struc-
tures, and acquisition of lemd, for the foregoing purposes, and 
such l£uids and interests therein, may be acquired, £Uid construction 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1225 
prosecuted thereon prior to approval of title; reserve plant and 
Grovemment 8ind contractor-owned equipment layaway; and other 
expenses necessEiry for the foregoing purposes including rents and 
tr£insportation of things, $2,211,407,000, to remain available for 
obUgation 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; £ind 
procurement 
and installation 
of equipment, 
appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government Eind contractor-owned equipment layaway; and other 
expenses necessary for the foreg:oing purposes, $442,537,000, to 
remain available for obligation until September 30, 2002. 
OTHER PROCUREMENT, Am FORCE 
For prociu*ement and modification of equipment (including 
ground guidance and electronic control equipment, and groiuid elec-
tronic Eind communication equipment), and supplies, materials, Eind 
spare psirts 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 pubUc and 
private plsmts, Grovemment-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 £ind Grovemment and con-
tractor-owned equipment layaway, $7,146,157,000, to remain avedl-
able for obHgation until September 30, 2002. 
PROCUREMENT, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of activities and agencies of the Department of 
Defense (other thsin the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; 
the piu-chase 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 £ind private plants, equipment, eind 
installation thereof in such plemts, erection of structures, £ind 
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 Grovemment 
and contractor-owned 
equipment layaway, $2,249,566,000, to 
remedn av£dlable for obligation luitil September 30, 2002: Provided, 
That of the funds available under this heading, not less them 
$39,491,000, including $6,000,000 derived by transfer fi-om 
113 STAT. 1226 
PUBLIC LAW 106-79—OCT. 25, 1999 
"Research, Development, Test and EveJuation, 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 
Deadline. 
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 
eind 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities £ind 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 progrsim have been secured from non-federeJ 
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 shadl 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 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1227 
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 
£ind 
evgduation, 
including 
maintengince, 
rehabilitation, lease, and operation of facilities and equipment, 
$13,674,537,000, to remain available for obligation imtil 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 depeutments), necesssiry for basic 
and applied scientific reseEU-ch, 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 PubUc Law 105-277 (112 Stat. 2681-
558), the amoimt of $230,000,000 not covered as of July 12, 1999, 
by an officied budget request imder the third proviso of that section 
is available, subject to such an official budget request for that 
entire amoimt, only for the following progrsmis 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 Depeirtment of Defense 
£ind made available for obligation for the progrEuns, and in the 
Eunounts, 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 developmented test £ind evaluation, 
including 
performance and joint developmental testing £ind 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 eveduation; and administrative expenses 
in connection therewith, $31,434,000, to remain available for obliga-
tion until September 30, 2001. 
113 STAT. 1228 
PUBLIC LAW 106-79—OCT. 25, 1999 
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 NationsJ Defense Sealift Fund progrsims, projects, euid 
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 fluids provided in this para-
graph shall be used to award a new contract that provides for 
the acquisition of siny of the following major components unless 
such components cu^e m£uiufactured in the United States: auxilieiry 
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 awswded 
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 
prociirement 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 meiintenance, of which not to exceed 2 percent shsdl 
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 
£uid munitions in accordsince with the provisions of section 1412 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1229 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 
1521), £ind for the destruction of other chemicsd 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 imtil September 30, 2002, 
and $294,000,000 shall be for Rese£u-ch, 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 participemts 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 
Depgirtment 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, 
£ind 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 imtil September 30, 2002, shall 
be for Procurement. 
113 STAT. 1230 
PUBLIC LAW 106-79—OCT. 25, 1999 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELUGENCE 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 Accoimt, $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 fimds 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, £ind of the said amount, $1,500,000 for Procurement shall 
remain available until September 30, 2002, and $1,000,000 for 
ReseEirch, development, test and evaluation shall remsdn avedlable 
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 Fimd, to remain available until expended. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this 
Act shsdl be used for publicity or propaganda purposes not author-
ized by the Congress. 
10 use 1584 
SEC. 8002. During the current fiscal yeeir, provisions of law 
note. 
prohibiting the pa3anent of compensation to, or emplo3naient 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 civiUan employees of the Department of Defense whose 
pay is computed imder 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, 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1231 
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 limita.tipns 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 
fiscEil year shall be obligated during the last 2 months of the 
fisc£d ye£ir: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or simimer 
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 Meinagement and Budget, transfer 
not to exceed $1,600,000,000 of working capitEil 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 saxae purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided, That such authority to trgmsfer may 
not be used unless for higher priority items, based on unforeseen 
military requirements, than those for which originally appropriated 
£ind in no case where the item for which funds Eire requested 
has been denied by the Congress: Provided further. That the Sec- Notification. 
retary of Defense sheill notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in this 
Act: Provided further. That no pEirt 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 militeiry requirements, thein 
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 fiscail 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 £iny 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 
113 STAT. 1232 
PUBLIC LAW 106-79—OCT. 25, 1999 
10 use 2306b 
note. 
10 use 401 note. 
Reports. 
Territories. 
Eimounts equal to the amounts appropriated to working capital 
funds in this Act, no obUgations may be made against a working 
capital fund to procure or increase the value of war reserve materi^d 
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 qusuitity procurement in excess of $20,000,000 in £uiy 1 year 
of the contract or that includes an imfunded contingent liability 
in excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyesir contract that employs economic order 
quantity procurement in excess of $20,000,000 in any 1 year, luiless 
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 
quEintity advance procurement is not fimded at least to the limits 
of the Government's liability: Provided further. That no part of 
any appropriation contained in this Act shsdl be available to initiate 
multiyeeir 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 annuEd prociu-ement. 
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 maintenEuice of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code, 
for himiEuiitarian 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 £uid piu-suant 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 fi'eely associated states of Micronesia, piu*suant to 
the Compact of Free Association as authorized by PubKc 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 facihties and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1233 
Islands, the Mairshall Islsuids, the Federated States of Micronesia, 
Pedau, 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 Budget. 
of Defense as well as all justification materiad and other documenta-
tion supporting the fiscal year 2001 Department of Defense budget 
request shall be prepared £ind submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regeird 
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 fiinds made avedlable 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 avgdlable by this Act shedl 
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 yesirs, nor shall any amounts rep-
resenting the normsd cost of such future benefits be trsinsferred 
fi*om 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 Veterzins 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 Jiily 1, 1989, under 
a program continued or established by the Secreteiry 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, 
TTiat 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 sdlowances of any member of the Army 
pgirticipating 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 
113 STAT. 1234 
PUBLIC LAW 106-79—OCT. 25, 1999 
reenlisted with this option prior to October 1, 1987: Provided fur-
ther, That this subsection applies only to active components of 
the Army. 
SEC. 8014. None of the funds appropriated by this Act shall 
be available to convert to contractor performance an activity or 
function of the Department of Defense that, on or after the date 
of the enactment of this Act, is performed by more than 10 Depart-
ment of Defense civilian employees until a most efficient and cost-
effective organization analysis is completed on such activity or 
function and certification of the analysis is made to the Committees 
on Appropriations of the House of Representatives £ind the Senate: 
Provided, That this section and subsections (a), (b), and (c) of 
10 U.S.C. 2461 shall not apply to a commercial or industrial type 
function of the Department of Defense that: (1) is included on 
the procurement list established pursuant to section 2 of the Act 
of June 25, 1938 (41 U.S.C. 47), popularly referred to as the Javits-
Wagner-ODay Act; (2) is planned to be converted to performance 
by a qualified nonprofit agency for the blind or by a qualified 
nonprofit agency for other severely handicapped individuals in 
accordance with that Act; or (3) is planned to be converted to 
performance by a qualified firm under 51 percent Native American 
ownership. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act for the 
Department of Defense P41ot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the 
National Defense Authorization Act for Fiscad Year 1991 (Public 
Law 101-510; 10 U.S.C. 2301 note), as amended, under the 
authority of this provision or any other transfer authority contained 
in this Act. 
SEC. 8016. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments 
and agencies) of welded shipboard anchor and mooring chsdn 4 
inches in diameter and under unless the euichor and mooring chain 
are manufactured in the United States fi"om components which 
are substantially manufactured in the United States: Provided, 
That for the purpose of this section manufactured will include 
cutting, heat treating, queJity control, testing of chain and welding 
(including the forging £ind shot blasting process): Provided 
further. 
That for the purpose of this section substantiedly all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost 
of the components produced or manufactured in the United States 
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States: Provided further. That when ade-
quate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
SEC. 8017. None of the funds appropriated by this Act available 
for the Civilian Health and Medical Program of the Uniformed 
Services (CHAMPUS) shall be available for the reimbursement 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1235 
10 use 2687 
note. 
of 8iny health care provider for inpatient mental health service 
for care received when a patient is referred to a provider of inpatient 
mental health care or residential treatment care by a medical 
or health care professional having £in economic interest in the 
facility to which the patient is referred: Provided, That this limita- Regulations, 
tion does not apply in the case of inpatient mental health services 
provided under the program for the handicapped under subsection 
(d) of section 1079 of title 10, United States Code, provided as 
pEirtial hospital care, or provided pursuant to a waiver authorized 
by the Secretary of Defense because of medical or psychological 
circumstances of the patient that are confirmed by a health profes-
sional who is not a Federal employee after a review, pursuant 
to niles prescribed by the Secretary, which takes into account 
the appropriate level of care for the patient, the intensity of services 
required by the patient, and the avEulability of that care. 
SEC. 8018. Funds avEulable in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action fi*om the Vietnam era to 
an annual meeting in the United States, under such regulations 
as the Secretary of Defense may prescribe. 
SEC. 8019. Notwithstanding any other provision of law, during 
the current fisced year, the Secretary of Defense may, by executive 
agreement, establish with host nation governments in NATO 
member states a separate account into which such residual value 
amounts negotiated in the return of United States military installa-
tions in NATO member states may be deposited, in the currency 
of the host nation, in lieu of direct monetary transfers to the 
United States Treasury: Provided, That such credits may be utilized 
only for the construction of facilities to support United States mili-
t£iry forces in that host nation, or such real property mguntenance 
and base operating costs that are currently executed through mone-
tary trsuisfers to such host nations: Provided further. That the 
Department of Defense's budget submission for fiscal year 2001 
shall identify such sums anticipated in residual value settlements, 
and identify such construction, real property maintenance or base 
operating costs that shall be funded by the host nation through 
such credits: Provided 
further, 
That all military construction 
projects to be executed fi-om such accounts must be previously 
approved in a prior Act of Congress: Provided further. That each 
such executive agreement with a NATO member host nation shall 
be reported to the congressional defense committees, the Committee 
on International Relations of the House of Representatives £uid 
the Committee on Foreign Relations of the Senate 30 days prior 
to the conclusion euid endorsement of any such agreement estab-
lished under this provision. 
SEC. 8020. None of the fluids available to the Department 
of Defense may be used to demilitarize or dispose of M-1 Carbines, 
M-1 Gar£uid rifles, M-14 rifles, .22 cediber rifles, .30 caliber rifles, 
or M-1911 pistols. 
SEC. 8021. Notwithstanding any other provision of law, none 
of the fiinds appropriated by this Act shall be available to pay 
more than 50 percent of an amount peud to any person luider 
section 308 of title 37, United States Code, in a lump smn. 
SEC. 8022. No more than $500,000 of the fimds appropriated 
or made available in this Act shall be used during a single fiscal 
year for any single relocation of an organization, unit, activity 
or function of the Department of Defense into or within the National 
Reports. 
113 STAT. 1236 
PUBLIC LAW 106-79—OCT. 25, 1999 
Capital Region: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relocation 
is required in the best interest of the Government. 
SEC. 8023. A member of a reserve component whose unit or 
whose residence is located in a State which is not contiguous 
with another State is authorized to travel in a space required 
status on aircraft of the Armed Forces between home and place 
of inactive duty training, or place of duty in lieu of imit trmning 
assembly, when there is no road or railroad transportation (or 
combination of road and railroad transportation between those loca-
tions): Provided, That a member traveling in that status on a 
military aircraft pursuant to the authority provided in this section 
is not authorized to receive travel, transportation, or per diem 
allowances in connection with that travel. 
SEC. 8024. In addition to the funds provided elsewhere in 
this Act, $8,000,000 is appropriated only for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544): Provided, That contractors participating in the 
test program established by section 854 of Public Law 101-189 
(15 U.S.C. 637 note) shall be eligible for the program established 
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 
1544). 
SEC. 8025. During the current fiscal year, funds appropriated 
or otherwise available for any Federal agency, the Congress, the 
judicial branch, or the District of Columbia may be used for the 
pay, allowances, and benefits of an employee as defined by section 
2105 of title 5, United States Code, or an individual employed 
by the government of the District of Columbia, permanent or tem-
porary indefinite, who— 
(1) is a member of a Reserve component of the Armed 
Forces, as described in section 10101 of title 10, United States 
Code, or the National Guard, as described in section 101 of 
title 32, United States Code; 
(2) performs, for the purpose of providing military aid 
to enforce the law or providing assistance to civil authorities 
in the protection or saving of life or property or prevention 
of injury— 
(A) Federal service under sections 331, 332, 333, or 
12406 of title 10, United States Code, or other provision 
of law, as applicable; or 
(B) full-time militsiry service for his or her State, the 
District of Columbia, the Commonweedth of Puerto Rico, 
or a territory of the United States; and 
(3) requests and is granted— 
(A) leave under the authority of this section; or 
(B) annual leave, which may be granted without regard 
to the provisions of sections 5519 and 6323(b) of title 5, 
United States Code, if such employee is otherwise entitled 
to such annual leave: 
Provided, That any employee who requests leave under subsection 
(3)(A) for service described in subsection (2) of this section is entitled 
to such leave, subject to the provisions of this section and of the 
last sentence of section 6323(b) of title 5, United States Code, 
and such leave shall be considered leave under section 6323(b) 
of title 5, United States Code. 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1237 
SEC. 8026. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the provisions 
of 0MB Circulgir A-76 if the study being performed exceeds a 
period of 24 months eifter initiation of such study with respect 
to a single function activity or 48 months after initiation of such 
study for a multi-function activity. 
SEC. 8027. Funds appropriated by this Act for the Americein 
Forces Information Service shall not be used for any national or 
international political or psychological activities. 
SEC. 8028. Notwithstanding any other provision of law or regu-
lation, the Secreteuy of Defense may adjust wage rates for civiliein 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 7455 of title 38, 
United States Code. 
Sec. 8029. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the 53rd Weather Reconnedssance Squadron of the Air Force 
Reserve, if such action would reduce the WC-130 Weather Recon-
naissance mission below the levels funded in this Act. 
SEC. 8030. (a) Of the funds for the procurement of supplies 
or services appropriated by this Act, qualified nonprofit agencies 
for the blind or other severely handicapped sh2dl be afforded the 
maximum practicable opportunity to participate as subcontractors 
£ind suppliers in the performance of contracts let by the Department 
of Defense. 
(b) During the current fiscal yeeir, a business concern which 
has negotiated with a militciry service or defense agency a subcon-
tracting plan for the participation by smEdl business concerns pursu-
ant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
shall be given credit toward meeting that subcontracting goal for 
any purchases made from qualified nonprofit agencies for the blind 
or other severely handicapped. 
(c) For the purpose of this section, the phrase "qualified non-
profit agency for the blind or other severely hgindicapped" means 
a nonprofit agency for the blind or other severely handicapped 
that has been approved by the Committee for the Purchase from 
the Blind and Other Severely Handicapped under the Javits-
Wagner-O'Day Act (41 U.S.C. 46-^8). 
SEC. 8031. Dxiring the current fiscal year, net receipts pursuant 
to collections from third party payers pursuant to section 1095 
of title 10, United States Code, shall be made available to the 
local facility of the uniformed services responsible for the collections 
and shall be over and above the facility's direct budget amount. 
SEC. 8032. During the current fisced year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Grovemment of Kuwait, under that section: Provided, 
That upon receipt, such contributions from the Government of 
KuwEut shall be credited to the appropriations or fund which 
incurred such obligations. 
SEC. 8033. Of the funds made avedlable in this Act, not less 
than $26,588,000 shall be available for the Civil Air Patrol Corpora-
tion, of which $22,888,000 shall be available for Civil Air Patrol 
Corporation operation and maintenance to support readiness activi-
ties which includes $1,418,000 for the Civil Air Patrol counterdrug 
program: Provided, That funds identified for "Civil Air Patrol" under 
113 STAT. 1238 
PUBLIC LAW 106-79—OCT. 25, 1999 
this section are intended for Eind shall be for the exclusive use 
of the Civil Air Patrol Corporation and not for the Air Force or 
any unit thereof. 
SEC. 8034. (a) None of the funds appropriated in this Act 
are available to establish a new Depeirtment of Defense (depart-
ment) federally funded research and development center (FFRDC), 
either as a new entity, or as a separate entity administrated by 
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs 
and other non-profit entities. 
(b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Specied Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to 
any defense FFRDC, except when acting in a technical advisory 
capacity, may be compensated for his or her services as a member 
of such entity, or as a psdd consultant by more than one FFRDC 
in a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed travel 
expenses and per diem as authorized imder the Federed Joint Travel 
Regulations, when engaged in the performance of membership 
duties. 
(c) Notwithstanding any other provision of law, none of the 
fluids avEulable to the department from any source during fiscal 
year 2000 may be used by a defense FFRDC, through a fee or 
other payment mechanism, for construction of new buildings, for 
payment of cost sharing for projects funded by Government grants, 
for absorption of contract ovemms, or for certedn charitable con-
tributions, not to include employee participation in commimity 
service and/or development. 
(d) Notwithstanding any other provision of law, of the funds 
avEulable to the department during fisced year 2000, not more 
than 6,206 staff ye£irs of technical effort (staff years) may be funded 
for defense FFRDCs: Provided, That of the specific amount referred 
to previously in this subsection, not more than 1,105 staff yesu-s 
may be funded for the defense studies and analysis FFRDCs. 
Reports. 
(e) The Secretary of Defense shall, with the submission of 
the department's fiscal year 2001 budget request, submit a report 
presenting the specific amounts of staff years of technical effort 
to be allocated for each defense FFRDC during that fiscal year. 
SEC. 8035. None of the funds appropriated or made available 
in this Act shall be used to procure carbon, alloy or armor steel 
plate for use in any Government-owned facility or property under 
the control of the Department of Defense which were not melted 
and rolled in the United States or Canada: Provided, That these 
procurement restrictions shall apply to any and all Federal Supply 
Class 9515, American Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications of carbon, 
alloy or armor steel plate: Provided further. That the Secretary 
of the military department responsible for the 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 avail-
able to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to 
acquire capability for nationaJ security purposes: Provided 
further. 
That these restrictions shall not apply to contracts which are in 
being as of the date of the enactment of this Act. 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1239 
SEC. 8036. For the purposes of this Act, the term "congressional 
defense committees" means the Armed Services Committee of the 
House of Representatives, the Armed Services Committee of the 
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives. 
SEC. 8037. During the current fiscal year, the Depeirtment 
of Defense may acquire the modification, depot meiintenance and 
repair of aircraft, vehicles and vessels as well as the production 
of components and other Defense-related articles, through competi-
tion between Depsirtment of Defense depot medntenance activities 
and private firms: Provided, That the Senior Acquisition Executive 
of the military department or defense agency concerned, with power 
of delegation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further, That Office of Mguiagement euid Budget 
Circular A-76 shall not apply to competitions conducted luider 
this section. 
SEC. 8038. (a)(1) If the Secretary of Defense, after consultation 41USC lOb-2. 
with the United States Trade Representative, determines that a 
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating 
against certain types of products produced in the United States 
that are covered by the agreement, the SecretEiry of Defense shall 
rescind the Secretar^s blanket waiver of the Buy American Act 
with respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memoreuidimi of understsinding, between the 
United States and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certedn products in that country. 
(b) The Secretary of Defense shall submit to the Congress Reports, 
a report on the amount of Department of Defense purchases fi-om 
foreign entities in fiscal year 2000. Such report shall separately 
indicate the dollar value of items for which the Buy American 
Act was waived pursuant to any agreement described in subsection 
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), 
or £iny intemation^ agreement to which the United States is a 
party. 
(c) For purposes of this section, the term "Buy American Act" 
meems title III of the Act entitled "An Act making appropriations 
for the Treasury and Post Office DepEirtments for the fiscal year 
ending June 30, 1934, and for other purposes", approved March 
3,1933 (41 U.S.C. 10a et seq.). 
SEC. 8039. Appropriations contained in this Act that remedn 
available at the end of the current fiscal year as a result of energy 
cost savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the extent, and 
for the purposes, provided in section 2865 of title 10, United States 
Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8040. Amounts deposited during the cxurent fiscal year 
to the special account established under 40 U.S.C. 485(h)(2) and 
to the special account established under 10 U.S.C. 2667(d)(1) are 
113 STAT. 1240 
PUBLIC LAW 106-79—OCT. 25, 1999 
appropriated and shall be available until trsmsferred by the Sec-
retary of Defense to current applicable appropriations or funds 
of the Department of Defense under the terms and conditions 
specified by 40 U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C. 
2667(d)(1)(B), to be merged with and to be available for the same 
time period and the same purposes as the appropriation to which 
transferred. 
SEC. 8041. During the current fisced year, appropriations avail-
able to the Department of Defense may be used to reimburse 
a member of a reserve component of the Armed Forces who is 
not otherwise entitled to travel eind transportation allowances and 
who occupies transient Government housing while performing active 
duty for training or inactive duty training: Provided, That such 
members may be provided lodging in kind rf transient Grovemment 
quarters Eire unavailable as if the member was entitled to such 
allowances under subsection (a) of section 404 of title 37, United 
States Code: Provided further. That if lodging in kind is provided, 
£uiy authorized service charge or cost of such lodging may be paid 
directly from funds appropriated for operation and maintenance 
of the reserve component of the member concerned. 
President. 
SEC. 8042. The President shall include with each budget for 
^"f^^ 
^ fiscal year submitted to the Congress imder section 1105 of 
10 use 221 note, ^itle 31, United States Code, materials that shall identify clearly 
and separately the amounts requested in the budget for appropria-
tion for that fisc£d year for sedaries and expenses related to adminis-
trative activities of the Department of Defense, the military depart-
ments, and the defense agencies. 
SEC. 8043. Notwithstanding any other provision of law, funds 
available for "Drug Interdiction and Counter-Drug Activities, 
Defense" may be obligated for the Young Marines program. 
SEC. 8044. During the current fiscal year, amounts contedned 
in the Department of Defense Overseas Militeoy Facility Investment 
Recovery Accoimt established by section 2921(c)(1) of the Nationed 
Defense Authorization Act of 1991 (Pubhc Law 101-510; 10 U.S.C. 
2687 note) shall be available imtil expended for the pa3nnents 
Reports. 
specified by section 2921(c)(2) of that Act: Provided, Tnat none 
of the funds made available for expenditure under this section 
may be trsinsferred or obligated until 30 days after the Secretary 
of Defense submits a report which details the baleuice available 
in the Overseas Military Facility Investment Recovery Account, 
£dl projected income into the account during fiscal years 2000 and 
2001, and the specific expenditiu-es to be made using funds trans-
ferred from this account during fiscal year 2000. 
SEC. 8045. Of the funds appropriated or otherwise made avail-
able by this Act, not more than $119,200,000 shall be available 
for payment of the operating costs of NATO Headqu£u1;ers: Provided, 
That the Secretary of Defense may waive this section for Depart-
ment of Defense support provided to NATO forces in and siround 
the former Yugoslavia. 
SEC. 8046. Diuing the current fiscsd year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to piirchase items having an investment 
item luiit cost of not more than $100,000. 
SEC. 8047. (a) During the ciurent fiscal year, none of the 
appropriations or funds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1241 
sale or Einticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Depeirtment of Defense 
Working Capital Funds if such an item would not have been charge-
able to the DepEirtment of Defense Business Operations Fund during 
fiscal year 1994 and if the purchase of such an investment item 
would be chargeable during the current fiscsil year to appropriations 
made to the Department of Defense for procurement. 
(b) The fiscal year 2001 budget request for the Department Budget, 
of Defense as well as all justification materied and other docimienta-
tion supporting the fiscal year 2001 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 £uid funded 
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 2001 procurement appropriation 
and not in the supply management business area or £uiy other 
area or category of the Department of Defense Working Capital 
Funds. 
SEC. 8048. 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, 2001: Provided, That funds appropriated, 
50 USC 403u 
transferred, or otherwise credited to the Central Intelligence Agency note. 
Central Services Working Capital Fund during this or any prior 
or subsequent fisc£d year shall remain available until expended. 
SEC. 8049. Notwithstanding any other provision of law, funds 
made available in this Act for the Defense IntelUgence Agency 
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence commimications and 
intelligence information systems for the Services, the Unified and 
Specified Commands, and the component commands. 
SEC. 8050. Of the funds appropriated by the Department of 
Defense under the heading "Operation £uid Maintenance, Defense-
Wide", not less than $8,000,000 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, docimienting of environmental damage, 
£ind developing a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands resulting 
fi'om Department of Defense activities. 
SEC. 8051. Amoimts collected for the use of the facilities of 
the National Science Center for Communications and Electronics 
during the current fisced year pursuant to section 1459(g) of the 
Department of Defense Authorization Act, 1986, and deposited to 
the special accoiint established under subsection 1459(g)(2) of that 
Act are appropriated £uid shall be available until expended for 
the operation and maintenance of the Center as provided for in 
subsection 1459(g)(2). 
SEC. 8052. None of the funds appropriated in this Act may 
be used to fill the commander's position at any miHt£iry medical 
facility with a heeilth care professional unless the prospective can-
didate can demonstrate professional administrative skills. 
SEC. 8053. (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 
113 STAT. 1242 
PUBLIC LAW 106-79—OCT. 25, 1999 
for the Treasury and Post Office Departments for the fiscal ye£ir 
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 eiffixing a label besiring a "Made 
in America" inscription to Einy 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, piu"chase 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. 8054. 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, £ind was 
submitted in confidence by one source; or 
(3) the purpose of the contract is to take adveintage 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 2in 
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 officieil 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. 8055. (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 militeiry 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. 8056. Funds appropriated by this Act and in Public Law 
105-277, or made available by the transfer of funds in this Act 
eind in Public Law 105-277 for intelligence activities are deemed 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1243 
to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414) during 
fiscEd year 2000 until the enactment of the Intelligence Authoriza-
tion Act for Fiscal Year 2000. 
SEC. 8057. Notwithstanding section 303 of Public Law 96-
487 or any other provision of law, the Secreteiry of the Navy is 
authorized to lease real and personal property at Naval Air FaciHty, 
Adedc, 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, £ind structures at Adak, Alaska, 
and may demolish or otherwise dispose of such facilities, buildings, 
and structures: Provided further, That notwithstemding any other 
provision of law, not more than $4,650,000 of the funds provided 
xinder the heading "Operation and Maintenance, Arm/' in title 
II of this Act shall be available to the Secretary of the Army, 
acting through the Chief of Engineers, only for demolition and 
removal of facilities, buildings, and structures formerly used as 
a District Headquarters Office by the Corps of Engineers (Northwest 
Division, CENwW, Washington State), as described in the study 
conducted regarding the headquarters pursuant to the Energy and 
Water Development Appropriations Act, 1992 (Public Law 102-
104; 105 Stat. 511). 
(RESCISSIONS) 
SEC. 8058. Of the funds provided in Department of Defense 
Appropriations Acts, the following fluids are hereby rescinded as 
01 the date of the enactment of this Act, from the following accoiuits 
and programs in the specified amounts: 
"Other Procurement, Navy, 1998/2000", $2,167,000; 
"Aircraft Prociu-ement, Air Force, 1998/2000", $15,800,000; 
"Other Procurement, Army, 1999/2001", $13,700,000; 
"Aircraft Prociu-ement, Navy, 1999/2001", $41,500,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1999/2003": 
New Attack Submarine, $32,400,000; 
CVN-69, $11,400,000; 
"Other Procurement, Navy, 1999/2001", $13,784,000; 
"Aircraft Procurement, Air Force, 1999/2001", $29,729,000; 
"Missile Procurement, Air Force, 1999/2001", $130,000,000; 
"Research, Development, Test and Evaluation, Army, 1999/ 
2000", $5,400,000; 
"Research, Development, Test and Evaluation, Navy, 1999/ 
2000", $14,900,000; 
"Rese£U"ch, Development, Test and Evaluation, Air Force, 
1999/2000", $15,900,000; and 
"Research, Development, Test and Evaluation, Defense-
Wide, 1999/2000", $23,500,000. 
SEC. 8059. None of the funds avedlable 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 
a.dministratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, luiless such reductions are 
a direct result of a reduction in military force structiu*e. 
SEC. 8060. None of the fiuids appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
113 STAT. 1244 
PUBLIC LAW 106-79—OCT. 25, 1999 
to the Democratic People's Republic of North Korea unless specifi-
cally appropriated for that purpose. 
SEC. 8061. During the current fiscal year, funds appropriated 
in this Act £ire available to compensate members of the NationgJ 
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 imder 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. 8062. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Unified and Specified 
Commands and Defense Agencies shall be available for reimburse-
ment 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 Unified Commands, 
Defense Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Foreign Intel-
ligence Program (NFIP), the Joint Military Intelligence Program 
(JMIP), and the Tactical Intelligence and Related Activities (TIARA) 
aggregate: Provided, That nothing in this section authorizes devi-
ation from established Reserve euid National Gueird personnel and 
training procedures. 
SEC. 8063. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilieui medical 
and medical support personnel assigned to military treatment facili-
ties below the September 30, 1999 level: Provided, That the Service 
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 stewEirdship and 
capitation-based budgeting. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8064. (a) None of the funds appropriated in this Act 
may be transferred to or obligated fi-om the Pentagon Reservation 
Maintenance Revolving Fiuid, unless the Secretary of Defense cer-
tifies that the total cost for the planning, design, construction 
Eind installation of equipment for the renovation of the Pentagon 
Reservation will not exceed $1,222,000,000. 
(b) The Secretary shall, in conjunction with the Pentagon Ren-
ovation, design and construct secure secretaried offices and support 
facilities and security-related changes to the subway entrsuice at 
the Pentagon Reservation. 
10 use 374 note. 
SEC. 8065. (a) None of the funds avEiilable to the Department 
of Defense for any fisceJ 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. 
50USC403f 
(b) None of the funds available to the Central Intelligence 
"ote- 
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. 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1245 
(TRANSFER OF FUNDS) 
SEC. 8066. Appropriations available in this Act under the 
heading "Operation and Meiintenance, 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 piuposes, and for the same time period, 
as the appropriation or fund to which transferred. 
SEC. 8067. None of the funds appropriated by this Act may 
be used for the procurement of ball £ind roller bearings other than 
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military depsutment responsible 
for such procurement may weiive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions of the House of Ilepresentatives euid the Senate, that adequate 
domestic supplies are not avEulable to meet Department of Defense 
requirements on a timely basis £uid that such an acquisition must 
be made in order to acquire capability for national security pur-
poses. 
SEC. 8068. 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 DepEirtment of Defense shall be made available to provide 
transportation of medical supplies and equipment, on a non-
reimbursable basis, to the Indisui Health Service when it is in 
conjunction with a civil-militeiry project. 
SEC. 8069. None of the fiuids in this Act may be used to 
purchase any supercomputer which is not meinufactured 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 fi-om United States manufacturers. 
SEC. 8070. 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. 8071. Notwithstanding any other provision of law, each 
contract aw£irded by the Department of Defense diiring 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 
piu-pose 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. 8072. During the current fiscal year, the Army shadl 
use the former George Air Force Base as the airhead for the 
National Training Center at Fort Irwin: Provided, That none of 
69-194 - 01 - 8 : QL 3 Part 2 
113 STAT. 1246 
PUBLIC LAW 106-79—OCT. 25, 1999 
Reports. 
Applicability. 
Loans. 
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. 8073. (a) The Secretsiry of Defense shsJl submit, on a 
quarterly basis, a report to the congressional defense committees, 
the Committee on International Relations of the House of Rep-
resentatives and the Committee on Foreign Relations of the Senate 
setting forth all costs (including incremental costs) incurred by 
the Department of Defense diuing the preceding quarter in imple-
menting or supporting resolutions of the United Nations Security 
Council, including any such resolution calling for international sanc-
tions, international peacekeeping operations, and humanitarian 
missions undertaken by the Department of Defense. The quarterly 
report shall include an aggregate of all such Department of Defense 
costs by operation or mission. 
(b) The Secretary of Defense shall detail in the quarterly reports 
all efforts made to seek credit against past United Nations expendi-
tures and all efforts made to seek compensation from the United 
Nations for costs incurred by the Department of Defense in imple-
menting £ind supporting United Nations activities. 
SEC. 8074. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES 
AND SERVICES.—Notwithsteuiding einy other provision of law, none 
of the funds avgdlable 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 VT or chapter VII 
of the United Nations Charter under the authority of a United 
Nations Security Council resolution; and 
(2) any other intemationed peacekeeping, peace-enforce-
ment, or humanitarian assistance operation. 
(c) REQUIRED NOTICE.—^A notice imder subsection (a) shall 
include the following: 
(1) A description of the equipment, supplies, or services 
to be transferred. 
(2) A statement of the v£due of the equipment, suppUes, 
or services to be treinsferred. 
(3) In the case of a proposed transfer of equipment 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 
transferred have been met; and 
(B) a statement of whether the items proposed to be 
tr£insferred will have to be replaced and, if so, how the 
President proposes to provide funds for such replacement. 
SEC. 8075. 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 guargmtees issued under the 
PUBLIC LAW 106-79—OCT. 25, 1999 
413 STAT. 1247 
authority of this section may not exceed $15,000,000,000: Provided 
further, That the exposure fees charged and collected by the Sec-
retsiry 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 Reports. 
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. 8076. 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 paiid by the contractor to the employee; 
and 
(2) such bonus is part of restructuring costs associated 
with a business combination. 
SEC. 8077. (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. 8078. None of the fimds 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 militeiry forces of the Russiein 
Federation. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8079. 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 personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 
piu"suant to section 2012 of title 10, United States Code. 
SEC. 8080. 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 
113 STAT. 1248 
PUBLIC LAW 106-79—OCT. 25, 1999 
in any prior year, and the 1 percent limitation shall apply to 
the total amount of the appropriation. 
SEC. 8081. During the current fiscal year, in the ease 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, £ind 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 amoimt) to the expired or closed account before 
the end of the period of availability or closing of that accoimt; 
(2) the obligation is not otherwise properly chargeable to 
Einy ciurent 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 Yeeir 1991, Public 
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, 
That in the case of an expired accoiuit, if subsequent review 
or investigation discloses that there was not in fact a negative 
unliquidated or imexpended balance in the account, any charge 
to a ciurent account luider the authority of this section shadl 
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. 
(TRANSFER OF FUNDS) 
SEC. 8082. Upon the enactment of this Act, the Secretary of 
Defense shall make the following transfers of funds: Provided, That 
the amounts transferred shall be available for the same purposes 
as the appropriations to which transferred, and for the same time 
period as the appropriation from which transferred: Provided fur-
ther. That the amounts shall be transferred between the following 
appropriations in the amount specified: 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1988/2001": 
SSN-688 attack submarine program, $6,585,000; 
CG-47 cruiser program, $12,100,000; 
Aircraft carrier service life extension program, 
$202,000; 
LHID-l 
amphibious 
assault 
ship 
program, 
$2,311,000; 
L S D ^ l cargo variant ship program, $566,000; 
T-AO fleet oiler program, $3,494,000; 
AO conversion progreim, $133,000; 
Creift, outfitting, and post delivery, $1,688,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2001": 
DDG-51 destroyer program, $27,079,000; 
From: 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1249 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1989/2000": 
DDG-51 destroyer program, $13,200,000; 
Aircraft carrier service life extension progrsim, 
$186,000; 
LHD-1 
amphibious 
assault 
ship 
progreim, 
$3,621,000; 
LCAC landing craft, 
air cushioned 
program, 
$1,313,000; 
T-AO fleet oiler program, $258,000; 
AOE combat support ship program, $1,078,000; 
AG conversion progrsim, $881,000; 
T-AGOS drug interdiction conversion, $407,000; 
Gutfitting and post delivery, $219,000; 
To: 
Under the heading, "Shipbuilding gind Conversion, 
Navy, 1996/2000": 
LPD-17 
amphibious 
transport 
dock 
ship, 
$21,163,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1990/2002": 
SSN-688 attack submarine program, $5,606,000; 
DDG-51 destroyer program, $6,000,000; 
ENTERPRISE refiieling/modemization program, 
$2,306,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$183,000; 
LSD-41 dock landing ship cargo variant program, 
$501,000; 
LCAC landing craft, 
air cushioned 
program, 
$345,000; 
MCM mine countermeasures program, $1,369,000; 
Moored training ship demonstration program, 
$1,906,000; 
Gceanographic ship program, $1,296,000; 
AGE combat support ship program, $4,086,000; 
AG conversion program, $143,000; 
Craft, outfitting, post delivery, and ship special 
support equipment, $1,209,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1990/2002": 
T-AGGS surveillance ship program, $5,000,000; 
Coast Guard icebreaker program, $8,153,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1996/2002": 
LPD-17 
amphibious 
trsmsport 
dock 
ship, 
$7,192,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1998/2002": 
CVN refuelings, $4,605,000; 
From: 
Under the heading, "Shipbuilding £ind Conversion, 
Navy, 1991/2001": 
SSN-21(AP) 
attack 
submarine 
program, 
$1,614,000; 
113 STAT. 1250 
PUBLIC LAW 106-79—OCT. 25, 1999 
LHD-1 
amphibious 
assault 
ship 
program, 
$5,647,000; 
LSD-41 dock Isinding ship cargo varieint program, 
$1,389,000; 
LCAC landing craft, 
air cushioned 
program, 
$330,000; 
AOE combat support ship program, $1,435,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1998/2001": 
CVN refuelings, $10,415,000; 
From: 
Under the heading, "Shipbuilding euid Conversion, 
Navy, 1992/2001": 
SSN-21 attack submarine program, $11,983,000; 
Craft, outfitting, post delivery, and DBOF transfer, 
$836,000; 
Escalation, $5,378,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1998/2001": 
CVN refuelings, $18,197,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1993/2002": 
Carrier replacement program (AP), $30,332,000; 
LSD-41 cargo varieint ship progrsun, $676,000; 
AOE combat support ship program, $2,066,000; 
Craft, outfitting, post delivery, and first destina-
tion 
transportation, 
eind 
inflation 
adjustments, 
$2,127,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1998/2002": 
CVN refuelings, $29,844,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1999/2002": 
Craft, outfitting, post delivery, conversions, and 
first destination transportation, $5,357,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1994/2003": 
LHD-1 
amphibious 
assault 
ship 
program, 
$23,900,000; 
Oceanographic ship program, $9,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1994/2003": 
DDG-51 destroyer program, $18,349,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/1999": 
DDG-51 destroyer program, $5,383,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1996/2000": 
LPD-17 amphibious transport dock ship, $168,000; 
Under the heading, "Shipbuilding £ind Conversion, 
Navy, 1999/2003": 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1251 
Craft, outfitting, post delivery, conversions, and 
first destination transportation, $9,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1996/2000": 
SSN-21 attack submarine program, $10,100,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$7,100,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1996/2000": 
DDG-51 destroyer program, $3,723,000; 
LPD-17 
amphibious 
transport 
dock 
ship, 
$13,477,000. 
SEC. 8083. The Under Secretary of Defense (Comptroller) shall Deadline, 
submit to the congression£j defense committees by FebruEuy 1, Reports. 
2000, a detgdled report identifying, by amount and by separate 
budget activity, activity group, subactivity group, line item, program 
element, progrsun, project, subproject, and activity, any activity 
for which the fiscal yeeir 2001 budget request was reduced because 
the Congress appropriated funds above the President's budget 
request for that specific activity for fiscal yoEir 2000. 
SEC. 8084. Fimds 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 pinpose of this section, supervision and 
administration costs includes all in-house Government cost. 
SEC. 8085. During the current fiscal year, the Secretary of 
Defense may waive reimbursement of the cost of conferences, semi-
nars, courses of instruction, or similar educational activities of 
the Asia-Pacific Center for Security Studies for military officers 
and civilian officials of foreign nations if the Secretary determines 
that attendance by such personnel, without reimbursement, is in 
the national security interest of the United States: Provided, That 
costs for which reimbursement is waived pursuant to this subsection 
shadl be paid from appropriations available for the Asia-Pacific 
Center. 
SEC. 8086. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the NationsJ Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. The 
Chief of the Nationed Guau-d Bureau shall establish the eunoiuit 
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 avedlable to defi*ay the costs associated with the use of 
equipment of the project under that subsection. Such fiinds shall 
be available for such purposes without fiscal year limitation. 
SEC. 8087. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a determination 
under section 2690 of title 10, United States Code, may implement 
cost-effective agreements for required heating facility modernization 
in the Kaiserslautem Military Community in the Federal Republic 
of Grermany: Provided, That in the City of Kaiserslautem such 
agreements will include the use of United States anthracite as 
113 STAT. 1252 
PUBLIC LAW 106-79—OCT. 25, 1999 
the base load energy for municipal district heat to the United 
States Defense installations: Provided further, That at Leindstuhl 
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 soxirce. 
SEC. 8088. Notwithstanding 31 U.S.C. 3902, during the current 
fiscal year, interest pengdties may be paid by the Department of 
Defense from funds financing the operation of the military depart-
ment or defense agency with which the invoice or contract payment 
is associated. 
SEC. 8089. None of the funds appropriated in title IV of this 
Act may be used to procure end-items for delivery to military 
forces for operationeil training, operational use or inventory require-
ments: Provided, That this restriction does not apply to end-items 
used in development, protot5T)ing, and test activities preceding and 
leading to acceptance for operational use: Provided further. That 
this restriction does not apply to programs funded within the 
National Foreign Intelligence Program: Provided further. That the 
Secretary of Defense may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appropriations 
of the House of Representatives and the Senate that it is in the 
national security interest to do so. 
(RESCISSIONS) 
SEC. 8090. Of the funds provided in the Department of Defense 
Appropriations Act, 1999 (Pubhc Law 105-262), $452,100,000, to 
reflect savings from revised economic assumptions, is hereby 
rescinded as of the date of the enactment of this Act, or October 
1, 1999, whichever is later, from the following accounts in the 
specified amounts: 
"Aircraft Procurement, Army", $8,000,000; 
"Missile Procurement, Army*', $7,000,000; 
"Procurement of Weapons and Tracked Combat Vehicles, 
Army", $9,000,000; 
"Prociarement of Ammunition, Army", $6,000,000; 
"Other Procurement, Army", $19,000,000; 
"Aircraft Procurement, Navy", $44,000,000; 
"Weapons Procurement, Navy", $8,000,000; 
"Procurement of Ammimition, Navy Eind Marine Corps", 
$3,000,000; 
"Shipbuilding and Conversion, Navy", $37,000,000; 
"Other Procurement, Navy", $23,000,000; 
"Procurement, Marine Corps", $5,000,000; 
"Aircraft Procurement, Air Force", $46,000,000; 
"Missile Procurement, Air Force", $14,000,000; 
"Procurement of Ammunition, Air Force", $2,000,000; 
"Other Procurement, Air Force", $44,400,000; 
"Procurement, Defense-Wide", $5,200,000; 
"Chemical Agents eind Munitions Destruction, Army", 
$5,000,000; 
"Research, Development, Test and Evaluation, Army", 
$20,000,000; 
"Research, Development, Test and Evaluation, Navy", 
$40,900,000; 
"Research, Development, Test and EvgJuation, Air Force", 
$76,900,000; and 
PUBLIC LAW 10&-79—OCT. 25, 1999 
113 STAT. 1253 
"Research, Development, Test and Evaluation, Defense-
Wide", $28,700,000: 
Provided, That these reductions shall be applied proportionally 
to each budget activity, activity group and subactivity group and 
each program, project, and activity within each appropriation 
account. 
SEC. 8091. The budget of the President for fiscal year 2001 Budget. 
submitted to the Congress pursuant to section 1105 of title 31, 10 USC 221 note. 
United States Code, euid each annusd budget request thereafter, 
shall include budget activity groups (known as "subactivities") in 
£jl appropriations accounts provided in this Act, as may be nec-
essary, to separately identify all costs incurred by the Depeirtment 
of Defense to support the North Atlantic Treaty OrgEoiization euid 
all Partnership For Peace programs and initiatives. The budget 
justification materials submitted to the Congress in support of 
the budget of the Dep£ui;ment of Defense for fisced year 2001, 
and subsequent fisced years, shall provide complete, detailed esti-
mates for all such costs. 
SEC. 8092. None of the funds made available in this Act may 
be used to approve or license the sale of the F-22 adveuiced tactical 
fighter to any foreign government. 
SEC. 8093. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each limitation 
on the procurement of defense items from foreign soiu-ces provided 
in law if the Secretary determines that the application of the 
limitation with respect to that country would invalidate cooperative 
progrEims entered into between the Department of Defense £uid 
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 coiuitry. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or after 
the date of the enactment of this Act; and 
(2) options for the procurement of items that are exercised 
after such date under contracts that are entered into before 
such date if the option prices are adjusted for any reason 
other than the application of a wadver granted under subsection 
(a). 
(c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 
50-65) of the Hsirmonized Tariff Schedule £uid products classified 
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
(d) None of the funds appropriated or otherwise provided for 
the Department of Defense in this or any other Act for any fiscal 
year may be obligated or expended for procurement of a nuclear-
capable shipyard crane fi-om a foreign source. Subsection (a) does 
not apply to the limitation in the preceding sentence. 
SEC. 8094. Funds made available to the Civil Air Patrol in 
this Act under the heading "Drug Interdiction and Counter-Drug 
Activities, Defense" may be used for the Civil Air Patrol Corpora-
tion's counterdrug program, including its demand reduction pro-
gr£un involving youth programs, as well as operational and training 
113 STAT. 1254 
PUBLIC LAW 106-79—OCT. 25, 1999 
10 use 1073 
note. 
Deadline. 
drug reconnaissance missions for Federal, State, and local govern-
ment agencies; for administrative costs, including the hiring of 
Civil Air Patrol Corporation employees; for travel and per chem 
expenses of Civil Air Patrol Corporation personnel in support of 
those missions; and for equipment needed for mission support or 
performaince: Provided, That of these funds, $300,000 shedl be made 
avEiilable to establish and operate a distance learning program: 
Provided further, That the Department of the Air Force should 
waive reimbursement from the Federal, State, and local government 
agencies for the use of these funds. 
SEC. 8095. Notwithsteinding any other provision of law, the 
TRICARE meinaged care support contracts in effect, orxin final 
stages of acquisition as of September 30, 1999, may be extended 
for 2 years: Provided, That any such extension may only take 
place if the Secretsiry of Defense determines that it is in the best 
interest of the Government: Provided further, That any contract 
extension shall be based on the price in the final best and final 
offer for the last year of the existing contract as adjusted for 
inflation and other factors mutually agreed to by the contractor 
and the Grovemment: Provided further. That notwithstanding any 
other provision of law, all future TRICARE managed care support 
contracts replacing contracts in effect, or in the final stages of 
acquisition as of September 30, 1999, may include a base contract 
period for transition and up to seven 1-year option periods. 
SEC. 8096. None of the funds in this Act may be used to 
compensate an employee of the Department of Defense who initiates 
a new start program without notification to the Office of the Sec-
retary of Defense, the Office of Management and Budget, and 
the congressional defense committees, as required by Dep£Qi;merit 
of Defense financial management regulations. 
SEC. 8097. In addition to the amoimts provided elsewhere in 
this Act, notwithstanding any other provision of law, $5,000,000 
is hereby appropriated to the Office of the Secretary of IDefense, 
and is available only for a grant to the Women in Military Service 
for America Memorial Foundation, Inc., only for costs associated 
with completion of the "Women in Militeuy Service For America" 
memorial at Arlington National Cemetery. 
SEC. 8098. TSLAINING AND OTHER PROGRAMS, (a) PROfflsiTiON.— 
None of the funds made available by this Act may be used to 
support any training progreun involving a unit of the security forces 
of a foreign country if the Secreteuy of Defense has received credible 
information from the Dep£u*tment of State that the unit has com-
mitted a gross violation of hiunan rights, unless all necessary 
corrective steps have been taken. 
(b) MONITORING.—The Secretary of Defense, in consultation 
with the Secretary of State, shall ensure that prior to a decision 
to conduct any training program referred to in subsection (a), full 
consideration is given to all credible information avEulable to the 
Department of State relating to hmnan rights violations by foreign 
security forces. 
(c) WAIVER.—The Secretary of Defense, Eifter consvdtation with 
the Secretary of State, may waive the prohibition in subsection 
(a) if he determines that such waiver is required by extraordinary 
circumstances. 
(d) REPORT.—Not more than 15 days after the exercise of einy 
waiver under subsection (c), the Secreteuy of Defense shall submit 
a report to the congressional defense committees describing the 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1255 
extraordineiry circumstances, the purpose and duration of the 
training program, the United States forces and the foreign security 
forces involved in the training program, and the information 
relating to human rights violations that necessitates the wEiiver. 
SEC. 8099. The Secretary of Defense, in coordination with the 
Secretary of Heedth and Human Services, may CEirry out a program 
to distribute surplus dental equipment of the Depeirtment of 
Defense, at no cost to the Department of Defense, to Indian health 
service facilities and to federally-qualified health centers (within 
the meaning of section 1905(1)(2)(B) of the Social Security Act 
(42 U.S.C. 1396d(l)(2)(B))). 
SEC. 8100. Notwithstanding any other provision in this Act, 
the total amount appropriated in this Act is hereby reduced by 
$123,200,000 to reflect savings from the pay of civilian personnel, 
to be distributed as follows: 
"Operation and Maintenance, Army", $30,900,000; 
"Operation and Maintenance, Navy", $66,600,000; 
"Operation and Maintenance, Air Force", $9,200,000; and 
"Operation and Maintenance, Defense-Wide", $16,500,000. 
SEC. 8101. Notwithstanding Einy other provision in this Act, 
the total amount appropriated in this Act is hereby reduced by 
$171,000,000 to reflect savings fi-om favorable foreign currency fluc-
tuations, to be distributed as follows: 
"Military Personnel, Army", $19,100,000; 
"MiHtary Personnel, Navy", $2,200,000; 
"Military Personnel, Air Force", $9,900,000; 
"Operation and Maintenance, Army", $80,700,000; 
"Operation and Maintenance, Navy", $13,700,000; 
"Operation and Maintenance, Air Force," $26,900,000; 
"Operation and Maintenance, Defense-Wide", $8,700,000; 
and 
"Defense Health Program", $9,800,000. 
SEC. 8102. Notwithstanding any other provision of law, the 
Secretary of Defense may retain all or a portion of the family 
housing at Fort BuchEinan, Puerto Rico, as the Secretary deems 
necessEiry to meet military family housing needs arising out of 
the relocation of elements of the United States Army South to 
Fort Buchanan. 
SEC. 8103. From within amoiuits made available in title II 
of this Act, under the heading "Operation and Mednteneince, Army", 
and notwithst£inding any other provision of law, $12,500,000 shall 
be available only for repairs and safety improvements to the seg-
ment of Fort Irwin Road which extends from Interstate 15 northeast 
towEird the boundary of Fort Irwin, CEdifomia and the originating 
intersection of Irwin Road: Provided, That these funds shsdl remain 
available until expended: Provided further, That the authorized 
scope of work includes, but is not limited to, environmental docu-
mentation and mitigation, engineering and design, improving safety, 
resurfacing, widening Isines, enhancing shoulders, and replacing 
signs and pavement markings: Provided further. That these funds 
may be used for advances to the Federal Highway Administration, 
Department of Transportation, for the authorized scope of work. 
SEC. 8104. Funds appropriated to the Department of the Navy 
in title II of this Act may be avedlable to replace lost £uid cemceled 
Treasury checks issued to Trans World Airlines in the total amount 
of $255,333.24 for which timely cledms were filed and for which 
detailed supporting records no longer exist. 
113 STAT. 1256 
PUBLIC LAW 106-79—OCT. 25, 1999 
SEC. 8105. 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 propul-
sion diesel engines and propulsors are manufactured in the United 
States by a domestically operated entity: Provided, That the Sec-
retary of Defense may waive this restriction on a case-by-case 
basis by certifjdng in writing to the Committees on Appropriations 
of the House of Representatives and the Senate that adequate 
domestic supplies Eire not avEiilable 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. 8106. From within amounts made available in title II 
of this Act under the heading "Operation and Maintenance, Defense-
Wide", and notwithstanding Bxiy other provision of law, $2,500,000 
shall be available only for a grant for "America's Promise—The 
Alliance for Youth, Inc.", only to support, on a dollar-for-doll£ir 
matching basis with non-departmental funds, efforts to mobilize 
individuals, groups and organizations to build £ind strengthen the 
character and competence of the Nation's youth. 
SEC. 8107. Of the funds made available in this Act, not less 
than $47,100,000 shall be available to maintedn an attrition reserve 
force of 23 B-52 aircraft, of which $3,100,000 shall be available 
from "MiUtary Personnel, Air Force", $34,500,000 shall be available 
from "Operation and Maintenance, Air Force", and $9,600,000 shsdl 
be available from "Aircraft Procurement, Air Force": Provided, That 
the Secretary of the Air Force shall maintain a total force of 
94 B-52 aircrgrft, including 23 attrition reserve aircreift, during 
fiscal year 2000: Provided further, TTiat the Secreteuy of Defense 
shall include in the Air Force budget request for fiscal year 2001 
amounts sufficient to maintain a B-52 force totaling 94 aircrgtft. 
SEC. 8108. Notwithstanding any other provision in this Act, 
the total amoimt appropriated in title II is hereby reduced by 
$100,000,000 to reflect savings resulting from reviews of Depart-
ment of Defense missions and functions conducted pursuant to 
Office of Management and Budget Circular A-76, to be distributed 
as follows: 
"Operation and Maintenance, Army", $34,300,000; 
"Operation and Maintenance, Navy", $22,800,000; 
"Operation and Maintenance, Marine Corps", $1,400,000; 
and 
"Operation and Maintenance, Air Force", $41,500,000: 
Provided, That none of the funds appropriated or otherwise made 
available by this Act may be obligated or expended for the purpose 
of contracting out ftmctions directly related to the award of Depart-
ment of Defense contracts, oversight of contractors with the Depart-
ment of Defense, or the payment of such contractors including, 
but not limited to: contracting technicsd officers, contact administra-
tion officers, accounting and finance officers, and budget officers. 
SEC. 8109. 
(a) REPORT ON O M B CIRCULAR A - 7 6 REVIEWS OF 
WORK PERFORMED BY D O D EMPLOYEES.—^The Secretary of Defense 
shall submit a report not later than 90 days after the enactment 
of this Act which lists all instances since 1995 in which missions 
or functions of the Department of Defense have been reviewed 
by the Department of Defense pursuant to OMB Circular A-76. 
TTie report shall list the disposition of each such review and indicate 
whether the review resulted in the performance of such missions 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1257 
or functions by Depgirtment of Defense civilian and military per-
sonnel, or whether such reviews resulted in performance by contrac-
tors. TTie report shall include a description of the types of missions 
or functions, the locations where the missions or functions are 
performed, the name of the contractor performing the work (if 
applicable), the cost to perform the missions or functions at the 
time the review was conducted, eind the current cost to perform 
the missions or fiuictions. 
(b) REPORT ON O M B CIRCULAR A - 7 6 REVIEWS OF WORK PER-
FORMED BY DOD CONTRACTORS.—The report shall also identify 
those instances in which work performed by a contractor has been 
converted to performance by civilian or military employees of the 
Department of Defense. For each instance of contracting in, the 
report shall include a description of the types of work, the locations 
where the work was performed, the name of the contractor that 
was performing the work, the cost of contractor performance at 
the time the work was contracted in, and the current cost of 
performance by civiligin or military employees of the Department 
of Defense. In addition, the report shall include recommendations 
for maximizing the possibility of effective public-private competition 
for work that has been contracted out. 
(c) COMPTROLLER GENERAL REVIEW.—Not later than 90 days Deadline, 
eifter the date on which the Secretary submits the annual report, 
the Comptroller General shall submit to the House and Senate 
Committees on Appropriations the Comptroller General's views on 
whether the department has complied with the requirements for 
the report. 
SEC. 8110. The budget of the President for fiscal year 2001 Budget. 
submitted to the Congress pursuant to section 1105 of title 31, 10 USC 221 note. 
United States Code, and each annual budget request thereafter, 
shall include separate budget justification documents for costs of 
United States Anned Forces' participation in contingency operations 
for the Military Personnel accounts, the Procurement accounts, 
£ind the Overseas Contingency Operations Transfer Fund: Provided, 
That these budget justification documents shall include a descrip-
tion of the funding requested for each anticipated contingency oper-
ation, for each militcuy service, to include active duty and Guard 
and Reserve components, and for each appropriation accoiuit: Pro-
vided further, That these docimients sh^l include estimated costs 
for each element of expense or object class, a reconciliation of 
increases and decreases for ongoing contingency operations, and 
programmatic data including, but not limited to troop strength 
for each active duty and Guard and Reserve component, and esti-
mates of the major weapons systems deployed in support of each 
contingency. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8111. In addition to amounts appropriated or otherwise 
made available in this Act, $35,000,000 is hereby appropriated, 
only to initiate and expand activities of the Department of Defense 
to prevent, prepare for, and respond to a terrorist attack in the 
United States involving weapons of mass destruction: Provided, 
That funds made available under this section shsdl be transferred 
to the following accounts: 
"Reserve Personnel, Army", $2,000,000; 
"National Guard Personnel, Army", $2,000,000; 
"National Guard Personnel, Air Force", $500,000; 
113 STAT. 1258 
PUBLIC LAW 106-79—OCT. 25, 1999 
"Operation eind M£iintenance, Army", $24,500,000; £ind 
"Research, Development, Test and Evaluation, Army", 
$6,000,000: 
Provided further, That funds trsuisferred pursueuit to this section 
shall be merged with and be av£iilable for the same purposes and 
for the same time period as the appropriation to which transferred: 
Provided further, That the transfer authority provided in this sec-
tion is in addition to £uiy other trauisfer authority available to 
the Department of Defense: Provided further. That of the funds 
transferred to "Operation and Maintenance, Army", not less than 
$3,000,000 shall be made available only to establish a cost effective 
coimter-terrorism tr£iining program for first responders and concur-
rent testing of response apparatus and equipment at the Memorial 
Tunnel Facility: Provided further. That of the funds treuisferred 
to "Operation and Maintenance, Army", not less than $2,000,000 
shall be made available only to support development of a structured 
tmdergraduate research program for chemical and biological warfare 
defense designed to produce graduates with specialized laboratory 
training and scientific skills required by military and industrial 
laboratories engaged in combating the threat of biological and chem-
ical terrorism: Provided further, That of the funds transferred to 
"Operation and Maintensuice, Army", not less than $3,500,000 shall 
be made available for a National Guard Biu-eau and Department 
of Justice collaborative training program only to enhance distance 
leEiming technologies and develop related courseware to provide 
training for counter-terrorism and related concerns: Provided fur-
ther, Tliat of the funds transferred to "Research, Development, 
Test and Evaluation, Army", not less than $3,000,000 shall be 
made available only to continue development and presentation of 
advanced distributed learning consequence management response 
courses and conventional courses. 
Budget. 
SEC. 8112. (a) The Secretary of Defense shall, sdong with 
Reports, 
submission of the fiscal year 2001 budget request for the Depart-
ment of Defense, submit to the congressioned defense committees 
a report, in both luiclassified and classified versions, which contains 
an assessment of the advantages or disadvantages of deploying 
a ground-based National Missile Defense system at more than 
one site. 
(b) This report shall include, but not be limited to, an assess-
ment of the following issues: 
(1) The ability of a single site, versus multiple sites, to 
coimter the expected ballistic missile threat. 
(2) The optimum basing locations for a single and multiple 
site National Missile Defense system. 
(3) The survivability and redundsuicy of potential National 
Missile Defense systems under a single or multiple site architec-
ture. 
(4) The estimated costs (including development, construc-
tion and infi"astructure, and prociu-ement of equipment) associ-
ated with different site deployment options. 
(5) Other issues bearing on deplojdng a Nationsd Missile 
Defense system at one or more sites. 
Reports. 
SEC. 8113, The Secretary of the Navy and the Secretary of 
the Air Force each shall submit a report to the congressional defense 
committees within 90 days of the enactment of this Act in both 
classified and unclassified form which shall provide a detailed 
description of the dedicated aggressor squadrons used to conduct 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1259 
combat flight training for the Navy, Marine Corps and Air Force 
covering the period from fiscal year 1990 through the present. 
For each year of the specified time period, each report shall provide 
a detailed description of the following: the assets which comprise 
dedicated aggressor squadrons including both aircrews, and the 
t3T)es and models of aircraft assigned to these squadrons; the 
nimiber of training sorties for all forms of combat flight training 
which require aggressor aircraft, £ind the number of sorties that 
the dedicated aggressor squadrons can generate to meet these 
requirements; the ratio of the total inventory of attack £uid fighter 
aircraft to the nimiber of aircraft available for dedicated aggressor 
squadrons; a comparison of the performemce chEu-acteristics of the 
aircraft assigned to dedicated aggressor squadrons compared to 
the performance characteristics of the aircraft they are intended 
to represent in training scenarios; an assessment of pilot proficiency 
by year from 1986 to the present; service recommendations to 
enhance aggressor squadron proficiency to include number of dedi-
cated aircraft, equipment, faciUties, and personnel; and a plan 
that proposes improvements in dissimilar aircraft £iir combat 
tredning. 
SEC. 8114. None of the funds appropriated or otherwise made 
available by this or other Depeirtment of Defense Appropriations 
Acts may be obligated or expended for the purpose of performing 
repairs or maintensuice to militeuy family housing units of the 
Dep£irtment of Defense, including areas in such military family 
housing units that may be used for the purpose of conducting 
official Department of Defense business: Provided, That the Depsirt- Reports. 
ment of Defense Office of the Inspector General shall provide a Deadline, 
report to the House and Senate Committees on Appropriations 
not later than 90 days after the enactment of this Act which 
assesses the compliance of each of the militeiry services with 
applicable appropriations law. Office of Management and Budget 
circulars, and Undersecreteiry of Defense (Comptroller) directives 
which govern funding for maintenance and repairs to flag officer 
quEirters: Provided further. That this report shall include an assess-
ment as to whether there have been violations of the Anti-Deficiency 
Act resulting from instances of improper funding of such mainte-
nance and repair projects. 
SEC. 8115. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading "Research, Development, 
Test and Evaluation, Defense-Wide" for any advsuiced concept tech-
nology demonstration project may only be obligated 30 days after 
a report, including a description of the project and its estimated 
annual £uid total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying 
to the congressional defense committees that it is in the nationed 
interest to do so: Provided further. That none of the funds appro-
priated under the heading "Research, Development, Test and 
Evaluation, Defense-Wide" in the Department of Defense Appropria-
tions Act, 1999 (Public Law 105-262) which remain available for 
obligation are available for the Line of Sight Anti-Tsmk Program: 
Provided further, That of the funds appropriated under the heading 
"Research, Development, Test and Evaluation, Defense-Wide" in 
PubUc Law 105-262, $10,027,000 shall be available only for the 
Air Directed Surface to Air Missile. 
113 STAT. 1260 
PUBLIC LAW 106-79—OCT. 25, 1999 
SEC. 8116. None of the funds appropriated under the heading 
"Research, Development, Test and Evaluation, Defense-Wide" in 
the Department of Defense Appropriations Act, 1999 (Public Law 
105-262) which remain available for obligation are available for 
the Medium Extended Air Defense System or successor systems. 
SEC. 8117. Of the funds appropriated in title II of this Act 
under the heading "Operation eind Maintenance, Army", $250,000 
shall be available only for a grant to the Nebraska Game and 
Parks Commission for the purpose of locating, identifying the bound-
aries of, acquiring, preserving, and memorigilizing the cemetery 
site that is located in close proximity to Fort Atkinson, Nebraska. 
The SecretEuy of the Army shall require as a condition of such 
greuit that the Nebraska Game and Parks Commission, in carrying 
out the purposes of which the grant is made, work in conjunction 
with the Nebraska State Historical Society. The grant under this 
section shall be made without regard to section 1301 of title 31, 
United States Code, or any other provision of law. 
SEC. 8118. Notwithstanding any other provision of law, for 
the purpose of establishing all Department of Defense policies gov-
erning the provision of care provided by and financed under the 
military health care system's case management program imder 
10 U.S.C. 1079(a)(17), the term "custodial care" shall be defined 
as cgu-e designed essentially to assist an individual in meeting 
the activities of daily living and which does not require the super-
vision of trained medical, nursing, paramedical or other specially 
trained individuals: Provided, That the case management program 
shall provide that members £uid retired members of the military 
services, and their dependents and survivors, have access to all 
medicsilly necesseiry health care through the hesdth care delivery 
system of the military services regardless of the health care status 
of the person seeking the health cau-e: Provided further, That the 
case management program shall be the primary obligor for payment 
of medically necessary services and shall not be considered as 
secondarily liable to title XIX of the Social Security Act, other 
welfare programs or charity based care. 
SEC. 8119. During the current fiscal year— 
(1) refunds attributable to the use of the Government travel 
ceu-d and refunds attributable to official Government travel 
guranged by Grovemment Contracted Travel Management Cen-
ters may be credited to operation and maintenance accounts 
of the Department of Defense which Eire current when the 
refunds are received; and 
(2) refunds attributable to the use of the Government Pur-
chase Card by military personnel and civilian employees of 
the Department of Defense may be credited to accounts 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. 
10 use 983 note. 
SEC, 8120. During the current fiscal year and hereafter, any 
Federal grant of funds to an institution of higher education to 
be available solely for student financial assistance or related 
administrative costs may be used for the purpose for which the 
grant is made without regard to any provision to the contrary 
in section 514 of the Departments of Labor, Health and Hiunein 
Services, Education, and Related Agencies Appropriations Act, 1997 
(10 U.S.C. 503 note), or section 983 of title 10, United States 
Code. 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1261 
SEC. 
8121. 
(a) 
REGISTERING 
INFORMATION 
TECHNOLOGY 
SYSTEMS WITH D O D CHIEF INFORMATION OFFiCER.^After March 
31, 2000, none of the funds appropriated in this Act may be used 
for a mission critical or mission essential information technology 
system (including a system funded by the defense working capital 
fluid) that is not registered with the Chief Information Officer 
of the Department of Defense. 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 informa-
tion technology system shall be considered a mission 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 fiscal year 2000, a major automated information 
system may not receive Milestone I approved. Milestone II approval, 
or Milestone III approval within the Department of Defense until 
the Chief Information Officer certifies, with respect to that mile-
stone, that the system is being developed in accordeuice with the 
CHnger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief 
Information Officer may require additional certifications, as appro-
priate, with respect to any such system. 
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification of certifications under 
paragraph (1). Each such notification shedl include, at a minimum, 
the funding baseline and milestone schedule for each system covered 
by such a certification 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 calculation of 
the return on investment. 
(D) Performance measures. 
(E) An information assiu*ance strategy consistent with the 
Department's Command, Control, Communications, Computers, 
Intelligence, 
Surveillance, 
and 
Reconngussance 
(C4ISR) 
Architecture Framework. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "Chief Information Officer" means the senior 
official of the Department of Defense designated by the Sec-
retary of Defense pursuant to section 3506 of title 44, United 
States Code. 
(2) The term "information technology system" has the 
meaning given the term "information technology" 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 Department of Defense Direc-
tive 5000.1. 
SEC. 8122. Diuing the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide 
support to another depeui^ment or agency of the United States 
if such department or agency is more than 90 days in arreeu^s 
in making pa3anent to the Department of Defense for goods or 
services previously provided to such department or agency on a 
reimbiu*sable basis: Provided, That this restriction shall not apply 
if the department is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is providing 
113 STAT. 1262 
PUBLIC LAW 106-79—OCT. 25, 1999 
47 u s e 337 note. 
Bidding. 
Deadline. 
Federal Register, 
publication. 
Deadline. 
Reports. 
the requested support pursuant to such authority: 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 nationsil security interest to do so. 
SEC. 8123. 
(a) RECOVERY OF CERTAIN D O D ADMINISTRATIVE 
EXPENSES IN CONNECTION WITH FOREIGN MILITARY SALES PRO-
GRAM.—Charges for administrative services calculated under section 
21(e) of the Arms Export Control Act (22 U.S.C. 2761(e)) in connec-
tion with the sale of defense articles or defense services shall 
(notwithstanding paragraph (3) of section 43(b) of such Act (22 
U.S.C. 2792(b))) include recovery of administrative expenses 
incurred by the Department of Defense during fiscal year 2000 
that are attributable to: (1) salaries of members of the Armed 
Forces; and (2) unfunded estimated costs of civihan retirement 
and other benefits. 
(b) 
REIMBURSEMENT OF APPLICABLE MILITARY 
PERSONNEL 
ACCOUNTS.—During the current fiscal year, amounts in the Foreign 
Military Sales Trust Fund shall be available in an amount not 
to exceed $63,000,000 to reimburse the applicable military personnel 
accounts in title I of this Act for the value of administrative 
expenses referred to in subsection (a)(1). 
(c) REDUCTIONS To REFLECT AMOUNTS EXPECTED TO BE RECOV-
ERED.—(1) The amounts in title I of this Act are hereby reduced 
by an aggregate of $63,000,000 (such amount being the amount 
expected to be recovered by reason of subsection (a)(1)). 
(2) The amounts in title II of this Act are hereby reduced 
by an aggregate of $31,000,000 (such amount being that amount 
expected to be recovered by reason of subsection (a)(2)). 
SEC. 8124. (a) The Communications Act of 1934 is amended 
in section 337(b) (47 U.S.C. 337(b)), by deleting paragraph (2). 
Upon the enactment of this provision, the Federal Communications 
Commission shall initiate the competitive bidding process in fiscal 
year 1999 and shall conduct the competitive bidding in a manner 
that ensures that all proceeds of such bidding are deposited in 
accordance with section 309(j)(8) of the Act not later than Sep-
tember 30, 2000. To expedite the assignment by competitive bidding 
of the frequencies identified in section 337(a)(2) of the Act, the 
rules governing such frequencies shsill be effective immediately 
upon publication in the Federal Register, notwithstEinding 5 U.S.C. 
553(d), 801(a)(3), 804(2), and 806(a). Chapter 6 of such title, 15 
U.S.C. 632, and 44 U.S.C. 3507 and 3512, shall not apply to the 
rules and competitive bidding procedures governing such fre-
quencies. Notwithstanding section 309(b) of the Act, no application 
for an instrument of authorization for such frequencies shall be 
granted by the Commission earher than 7 days following issuance 
of public notice by the Commission of the acceptance for filing 
of such application or of any substantial amendment thereto. Not-
withstanding section 309(d)(1) of such Act, the Commission may 
specify a period (no less than 5 days following issuance of such 
public notice) for the filing of petitions to deny any appHcation 
for £in instrument of authorization for such frequencies. 
(bXD Not later than 15 days after the date of the enactment 
of this Act, the Director of the Office of Management and Budget 
and the Federal Communications Commission shall each submit 
to the appropriate congressional committees a report which shall— 
PUBLIC LAW lOe-79—OCT. 25, 1999 
113 STAT. 1263 
(A) set forth the anticipated schedule (including specific 
dates) for— 
(i) preparing and conducting the competitive bidding 
process required by subsection (a); and 
(ii) depositing the receipts of the competitive bidding 
process; 
(B) set forth each signficant milestone in the rulemaking 
process with respect to the competitive bidding process; 
(C) include an explanation of the effect of each requirement 
in subsection (a) on the schedule for the competitive bidding 
process and any post-bidding activities (incluchng the deposit 
of receipts) when compared with the schedule for the competi-
tive bidding and any post-bidding activities (including the 
deposit of receipts) that would otherwise have occurred under 
section 337(b)(2) of the Commimications Act of 1934 (47 U.S.C. 
337(b)(2)) if not for the enactment of subsection (a); 
(D) set forth for each spectrum auction held by the Federal 
Commimications Commission since 1993 information on— 
(i) the time required for each stage of preparation 
for the auction; 
(ii) the date of the commencement and of the comple-
tion of the auction; 
(iii) the time which elapsed between the date of the 
completion of the auction and the date of the first deposit 
of receipts fi'om the auction in the Treasury; and 
(iv) the dates of all subsequent deposits of receipts 
fi*om the auction in the Treasury; and 
(E) include an assessment of how the stages of the competi-
tive bidding process required by subsection (a), including 
preparation, commencement and completion, and deposit of 
receipts, will differ from similar stages in the auctions referred 
to in subparagraph (D). 
(2) Not later than October 5, 2000, the Director of the Office DeacQine. 
of Management and Budget and the Federal Commimications Reports. 
Commission shall each submit to the appropriate congressional 
committees the report which shall— 
(A) describe the course of the competitive bidding process 
required by subsection (a) through September 30, 2000, 
including the sunount of any receipts fi*om the competitive 
bidding process deposited in the IVeasury as of September 
30, 2000; and 
(B) if the course of the competitive bidding process has 
included £iny deviations fi-om the schedule set forth under para-
graph (1)(A), an explanation for such deviations fi-om the 
schedule. 
(3) The Federal Communications Commission may not consult 
with tiie Director in the preparation and submittal of the reports 
required of the Commission by this subsection. 
(4) In this subsection, the term "appropriate congressional 
committees" means the following: 
(A) The Committees on Appropriations, the Budget, and 
Commerce of the Senate. 
(B) The Committees on Appropriations, the Budget, and 
Commerce of the House of Representatives. 
(c) Nothing in this section shall be construed to supercede 
the requirements placed on the Federal Communications Commis-
sion by 47 U.S.C. 337(d)(4). 
113 STAT. 1264 
PUBLIC LAW 106-79—OCT. 25, 1999 
Deadline. 
SEC. 8125. (a) REPORT REQUIRED.—Not later than January 
31, 2000, the Secretary of Defense shall submit to the congressional 
defense committees in both classified Eind unclassified form a report 
on the conduct of Operation Desert Fox and Operation Allied Force 
(also referred to as Operation Noble Anvil). The Secretary of Defense 
shall submit to such committees a preliminary report on the conduct 
of these operations not later than December 15, 1999. The report 
(including the preliminary report) should be prepared in consulta-
tion with the Chairman of the Joint Chiefs of Staff, the Commander 
in Chief of the United States Central Command, and the Com-
mander in Chief of the United States £iu*opean Command. 
(b) REVIEW OF SUCCESSES AND DEFICIENCIES.—^The report 
should contain a thorough review of the successes and deficiencies 
of these operations, with respect to the following matters: 
(1) United States military objectives in these operations. 
(2) With respect to Operation Allied Force, the military 
strategy of the North Atlantic Treaty Organization (NATO) 
to obtain said military objectives. 
(3) The command structiu-e for the execution of Operation 
AlUed Force. 
(4) The process for identifying, nominating, selecting, £ind 
verifying targets to be attacked during Operation Desert Fox 
and Operation Allied Force. 
(5) A comprehensive battle damage assessment of targets 
prosecuted during the conduct of the air campaigns in these 
operations, to include— 
(A) fixed targets, both mihtary and civilian, to include 
bridges, roads, rsdl lines, airfields, power generating pleints, 
broadcast facihties, oil refining infi*astructure, fiiel £ind 
munitions storage installations, industried pleints producing 
military eqmpment, command and control nodes, civilian 
leadership bunkers £ind military barracks; 
(B) mobile military targets such as tanks, armored 
personnel csirriers, artillery pieces, trucks, and air defense 
assets; 
(C) with respect to Operation Desert Fox, research 
and production facilities associated with Iraq's weapons 
of mass destruction £ind ballistic missile programs, and 
any milit£iry units or organizations associated with such 
activities within Iraq; and 
(D) a discussion of decoy, deception and coiuiter-intel-
ligence techniques employed by the Iraqi and Serbian mili-
tary. 
(6) The use and performance of United States military 
equipment, weapon systems, munitions, and national and tac-
tical reconnaisseince and surveillance assets (including items 
classified under special access procedures) and an analysis o
f
— 
(A) £iny equipment or capabilities that were in research 
and development and if available could have been used 
in these operations' respective theater of operations; 
(B) any equipment or capabilities that were available 
and could have been used but were not introduced into 
these operations' respective theater of operations; and 
(C) any equipment or capabilities that were introduced 
to these operations' respective theater of operations that 
could have been used but were not. 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1265 
(7) Command, control, communications £ind operational 
security of NATO forces as a whole and United States forces 
separately during Operation Allied Force, including the ability 
of United States aircraft to operate with aircraft of other 
nations without degradation of capabilities or protection of 
United States forces. 
(8) The deplojnnent of United States forces and supplies 
to the theater of operations, including an assessment of airlift 
and sealift (to include a specific assessment of the deployment 
of Task Force Hawk during Operation Allied Force, to include 
detailed expleinations for the delay in initial deployment, the 
suitability of equipment deployed compared to other equipment 
in the United States inventory that was not deployed, and 
a critique of the training provided to operationEd personnel 
prior to and during the deplo5rment). 
(9) The use of electronic wetrfare assets, in particular an 
assessment of the adequacy of EA-6B aircraft in terms of 
inventory, capabilities, deficiencies, and ability to provide logis-
tics support. 
(10) The effectiveness of reserve component forces including 
their use and performance in the theater of operations. 
(11) The contributions of United States (and with respect 
to Operation AlUed Force, NATO) intelligence and counterintel-
ligence systems and personnel, including an assessment of the 
targeting selection and bomb damage assessment process. 
(c) The report should also contain: 
(1) An analysis of the transfer of operational assets from 
other United States Unified Commands to these operations' 
theater of operations and the impact on the readiness, 
warfighting capabihty and deterrence value of those commands. 
(2) An analysis of the implications of these operations 
as regards the ability of United States Armed Forces and 
intelligence capabiUties to carry out the current national secu-
rity strategy, including— 
(A) whether the Department of Defense and its compo-
nents, and the intelligence community and its components, 
have sufficient force structure and manning as well as 
equipment (to include items such as munitions stocks) to 
deploy, prosecute and sustain operations in a second major 
theater of war as called for under the ciurent national 
security strategy; 
'
> 
(B) which, if any aspects, of currently programmed 
manpower, operations, training and other readiness pro-
grams, and weapons and other systems are found to be 
inadequate in temis of supporting the national military 
strategy; and 
(C) what adjustments need to be made to current 
defense planning and budgets, and specific programs to 
redress any deficiencies identified by this analysis. 
SEC. 8126. None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammimition held 
by the Department of Defense that has a center-fire cartridge 
and a United States military nomenclature designation of "armor 
penetrator", "eirmor piercing (AP)", "armor piercing incendiary 
(API)", or "armor-piercing incendiary-tracer (API-T)", except to an 
entity performing demilitarization services for the Department of 
Defense under a contract that requires the entity to demonstrate 
113 STAT. 1266 
PUBLIC LAW 106-79—OCT. 25, 1999 
to the satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursusmt 
to a contract with the Depsirtment of Defense or the manufacture 
of ammiuiition for export pursuEint to a License for Permanent 
Export of Unclassified Military Articles issued by the Department 
of State. 
SEC. 8127. Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau, or his designee, may waive 
payment of all or peirt of the consideration that otherwise would 
be required luider 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 in 32 U.S.C. 508(d), or any other youth, social, or fi*atemal 
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. 8128. In the current fiscal year and hereafter, funds 
appropriated for the Pacific Disaster Center may be obligated to 
carry out such missions as the Secretary of Defense may specify 
for disaster information management and related supporting activi-
ties in the geographic area of responsibility of the Commander 
in Chief, Pacific and beyond in support of a global disaster informa-
tion network: Provided, That the Secreteiry may enable the Pacific 
Disaster Center and its derivatives to enter into flexible public-
private cooperative arrangements for the delegation or implementa-
tion of some or all of its missions and accept and provide grants, 
or other remtmeration to or fi-om any agency of the Federal Govern-
ment, State or local government, private source or foreign govern-
ment to carry out any of its activities: Provided further, That 
the Pacific Disaster Center may not accept any remuneration or 
provide £iny service or gr£int which could compromise national secu-
rity. 
SEC. 8129. Notwithstanding any other provision in this Act, 
the total amount appropriated in title I of this Act is hereby reduced 
by $1,838,426,000 to reflect Eimounts appropriated in Public Law 
106-31. This amount is to be distributed as follows: 
"Military Personnel, Army", $559,533,000; 
"Military Personnel, Navy", $436,773,000; 
"Military Personnel, Marine Corps", $177,980,000; 
"Military Personnel, Air Force", $471,892,000; 
"Reserve Personnel, Army", $40,574,000; 
"Reserve Personnel, Navy", $29,833,000; 
"Reserve Personnel, Marine Corps", $7,820,000; 
"Reserve Personnel, Air Force", $13,143,000; 
"National Guard Personnel, Army", $70,416,000; and 
"National Guard Personnel, Air Force", $30,462,000. 
SEC. 8130. Notwithstanding any other provision of law, that 
not more than 35 percent of funds provided in this Act, may be 
obligated for environmental remediation under indefinite dehvery/ 
indefinite quantity contracts with a total contract value of 
$130,000,000 or higher. 
SEC. 8131. Of the funds made avedlable luider the heading 
"Operation and Maintenance, Air Force", $5,000,000 shall be trsins-
ferred to the Department of Tr£insportation to enable the Secretary 
of Transportation to realign railroad track on Elmendorf Air Force 
Base. 
10 use 2488 
SEC. 8132. None of the funds appropriated by this Act shall 
Jiote. 
be used for the support of any nonappropriated fluids activity 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1267 
of the DepEirtment 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 msdt beverages £ind wine are 
procured within that State, or in the case of the District of 
Columbia, within the District of Colimibia, 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 installation is located: Provided 
further. That such local procurement requirements for malt bev-
erages and wine shall apply to sdl alcoholic beverages only for 
military installations in States which are not contiguous with 
Einother State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States smd the District 
of Columbia shall be prociu*ed from the most competitive source, 
price and other factors considered. 
SEC. 8133. MULTI-YEAR AIRCRAFT LEASE PILOT PROGRAM, (a) iousc240ia 
The Secretary of the Air Force may estabhsh a multi-year pilot note. 
program for leasing aircraft for operational support purposes, 
including transportation for the combatant Commanders in Chief, 
on such terms and conditions as the Secretary may deem appro-
priate, consistent with this section. 
(b) Sections 2401 and 2401a of title 10, United States Code, 
shall not apply to any aircraft lease authorized by this section. 
(c) Under the aircraft lease Pilot Progrsun authorized by this 
section: 
(1) The SecretEuy may include terms £ind conditions in 
lease agreements that are customary in aircraft leases by a 
non-Government lessor to a non-Government lessee. 
(2) The term of any individual lease agreement into which 
the Secretary enters under this section shall not exceed 10 
years. 
(3) The Secretary may provide for special payments to 
a lessor if either the Secretary terminates or csincels the lease 
prior to the expiration of its term or aircraft are damaged 
or destroyed prior to the expiration of the term of the lease. 
Such special payments shall not exceed an amount equal to 
the value of one year's lease pa3mient under the lease. The 
amount of special payments shall be subject to negotiation 
between the Air Force £ind lessors. 
(4) Notwithstanding any other provision of law, any pay-
ments required imder a lease imder this section, and any 
pa3rments made pursuEuit to subsection (3) above may be made 
from: 
(A) appropriations available for the performance of the 
lease at the time the lease takes effect; 
(B) appropriations for the operation and maintenance 
available at the time which the pa3rment is due; and 
(C) funds appropriated for those payraients. 
(5) The Secretary may lease Eiircraft, on such terms and 
conditions as the Secretary may deem appropriate, consistent 
with this section, through an operating lease consistent with 
OMB Circular A-11. 
(6) The Secret£iry may exchange or sell existing sdrcraft 
and apply the exchange allowance or sale proceeds in whole 
or in part toward the cost of leasing replacement aircrsift under 
this section. 
113 STAT. 1268 
PUBLIC LAW 106-79—OCT. 25, 1999 
(7) Lease arrangements authorized by this section may 
not commence until: 
Reports. 
(A) The Secretary submits a report to the congressional 
defense committees outlining the plans for implementing 
the Pilot Program. The report shedl 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. 
Deadline. 
(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 treuisportation or enter into leases rnider 
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 luider 
section 101(b) of Pubhc 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 
commEinds 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-£dr 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 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1269 
Reports. 
Deadline. 
Deadline. 
Reports. 
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 soiu-ce 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 Regulations. 
prescribed by the Secretary of Defense, the Center of Excellence 
for Disaster Management and Humanitarian Assistance may £ilso 
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 coxmtries in which the tredning 
was conducted, the type of training conducted, and the foreign 
personnel tredned. 
SEC. 8140. Of the funds appropriated in title II imder the 
heading "OPERATION AND MAINTENANCE, DEFENSE-WIDE" for the 
Office of the Special Assistant to the Deputy Secretary of Defense 
for Gulf Wgir Illnesses, up to $10,000,000 may be made available 
for CEirrying out the first-yeeir actions luider 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 Thmmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 1957). 
SEC. 8141. (a) The Depeutment of Defense is authorized to 
enter into agreements with the Veterans Administration £ind feder-
ally-fiuided health agencies providing services to Native Hawaiians 
for the purpose of establishing a partnership simileir to the Alaska 
Federal Health Care Partnership, in order to maximize Federal 
resoiu*ces in the provision of health care services by federally-
funded heedth agencies, applying telemedicine technologies. For the 
purpose of this partnership. Native Hawsdians shall have the same 
status as other Native AmericEins who are eligible for the heedth 
CEire 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 Hawedian participation in the direction eind 
administration of govemmented services so as to render those serv-
ices more responsive to the needs of the Native Hawaii£in commu-
nity. 
(c) For purposes of this section, the term "Native Hawaiian" 
meems emy 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. 
Contracts. 
113 STAT. 1270 
PUBLIC LAW 106-79—OCT. 25, 1999 
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 federedly chsirtered 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 imtil 30 days after the Department of 
the Army has submitted a report to the Congress detedling its 
efforts to reduce the costs of the tank upgrade program, to include 
the effects £uid potential savings that would result from £uiy 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 
imit flyaway price of C-17 aircraft P121 through P180 purchased 
imder a midti-year contract will be at least 25 percent below the 
average unit flyaway price of the C-17 imder 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 sunoiuits 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 piu-poses of F-22 program 
reseeu'ch, 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 "Aircrsift Procm'ement, Air 
Force" account only for advance procurement of F-22 aircraft: Pro-
vided further. That any fiinds transferred for F-22 advance procure-
ment shall not be available for obligation until the Secretary of 
Defense certifies to the congressiongJ defense committees that edl 
1999 Defense Acquisition Board exit criteria have been met: Pro-
vided further. That the treuisfer 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 trsuis-
ferred to titles IV and III of this Act to continue acquisition of 
F-22 test £drcraft 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. 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1271 
(d) Funds appropriated in this Act or any other prior Act 
for "Resesirch, 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 aircrgift program. 
(e) The Secretary of the Air Force may not award a full fiuiding 
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-
crsift have been met; and 
(3) upon completion of the requirements under (e)(1) and 
(e)(2) the Director of Operational Test and Evaluation suWits 
to the congressional defense committees a report assessing 
the adequacy of testing to date to measure and predict perform-
£ince 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 eunounts 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 obhgations: 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 trauisfer 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 avEulable for expenditure until October 1, 2000. 
(b) The fiinds transferred tuider the authority provided within 
this section shall be merged with and shall be available for the 
same purposes, £uid 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 £iny other provision of law, only for a grant to the High 
Desert P£u1;nership in Academic Excellence Foundation, Inc., for 
the purpose of developing, implementing, and evaluating a steuid-
ards and performemce 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 
fi*om 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 
113 STAT. 1272 
PUBLIC LAW 106-79—OCT. 25, 1999 
required to be carried out as part of such a penalty shall be 
considered to be a payment of the penalty. 
SEC. 8150. Section 8145 of the Department of Defense Appro-
priations Act, 1999 (Public Law 105-262; 112 Stat. 2340), is 
Eimended by inserting before the period at the end the following: 
", £ind for such additional environmental restoration activities at 
such former base as may be accomplished within such total 
amount". 
SEC. 8151. Of the funds made available in this Act under 
the heading "Operation and Maintenance, Defense-Wide", up to 
$5,000,000 shall be avgiilable to provide assistance, by grant or 
otherwise, to public school systems that have unusually high con-
centrations of special needs military dependents enrolled: Provided, 
That in selecting school systems to receive such assistance, speciEd 
consideration shall be given to school systems in States that Eire 
considered overseas assignments. 
SEC. 8152. Fimds appropriated by the psiragraph imder the 
heading "MILITARY CONSTRUCTION TRANSFER FUND" in the 
1999 Emergency Supplemental Appropriations Act (Public Law 106-
31; 113 Stat. 85) may be treinsferred to mihtary construction 
accounts, as authorized by that paragraph, and shall be merged 
with and shall be available for the same purposes and for the 
SEime time period as the account to which trsuisferred. 
SEC. 8153. Section 127 of the Military Construction Appropria-
tions Act, 1995 (Public Law 103-307; 108 Stat. 1666) is amended— 
(1) in subsection (B)(1), by striking "an amount" and EQI 
that follows and inserting "$3,400,000."; and 
(2) by adding at the end the following: 
"(i) 
COMPLETION OF CONVEYANCE BY END OF FISCAL YEAR 
Deadline. 
2000.—The Secretary shall endeavor to complete any conveyance 
under this section not later than September 30, 2000.". 
SEC. 8154. Notwithstanding any other provision of law, funds 
appropriated in this Act xuider the heading "Operation and Mainte-
uEince, Army shedl be available for expenses associated with 
characterization and remediation activities at the Massachusetts 
Military Reservation, Cape Cod, Massachusetts, resulting from 
environmental problems pertaining to use of Camp Edwards as 
a training range and impact EU'ea and any administrative orders 
issued by the United States Environmental Protection Agency to 
address those problems. 
SEC. 8155. (a) IN GENERAL.—Notwithstanding Euiy other provi-
sion 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 Min-
nesota relocatable military housing units located at Grand Forks 
Air Force Base and Minot Air Force Base that Eire 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 imits 
that Eire submitted to the Secretary by the Operation WEdking 
Shield Program on behalf of Indian tribes located in the States 
of North Dakota, South Dakota, MontEuia, and Minnesota. 
(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The Operation 
WgOking Shield progrEim shall resolve Einy conflicts among request 
of Indian tribes for housing units under subsection (a) before 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1273 
submitting requests to the Secretary of the Air Force under para-
graph (b). 
(d) INDIAN TRIBE DEFINED.—In this section, the term "Indian 
tribe" means emy recognized Indian tribe included on the current 
hst published by the Secretary of Interior under section 104 of 
the Federally Recognized Indian Tribe Act of 1994 (Public Law 
103-454; 108 Stat. 4792; 25 U.S.C. 479a-l). 
SEC. 8156. Of the amounts appropriated in the Act under 
the heading "Research, Development, Test and Evaluation, Defense-
Wide", $45,000,000 shall be available for the purpose of adjusting 
the cost-share of the parties under the Agreement between the 
Department of Defense and the Ministry of Defence of Israel for 
the Arrow Deployability Program. 
SEC. 8157. The Secretary of Defense shall fully identify and 
determine the validity of healthcare contract additional liabilities, 
requests for equitable adjustment, emd claims for unanticipated 
healthcare contract costs: Provided, That the Secretary of Defense 
shall establish an equitable and timely process for the adjudication 
of claims, and recognize actual liabilities diuing the Depeirtment's 
planning, programming and budgeting process, including fiscal year 
2000 supplemental appropriation requests if appropriate: Provided 
further. That not later than December 1, 1999, the Secretary of Deadline. 
Defense shall submit a report to the congressional defense commit- Reports, 
tees on the scope and extent of healthcare contract claims, and 
on the action taken to implement the provisions of this section: 
Provided further. That nothing in this section should be construed 
as congressional direction to liquidate or pay any claims that other-
wise would not have been adjudicated in favor of the claimant. 
SEC. 8158. Of the funds appropriated in title II of this Act 
under the heading "Operation £ind Maintenance, Defense-Wide", 
$8,000,000 sheJl be available only for a commimity retraining, 
reinvestment, and manufacturing initiative to be conducted by an 
academic consortia with existing programs in manufacturing and 
retraining: Provided, That the $8,000,000 made available in this Deadline. 
section shall be obligated by grant not later than 15 days after 
the enactment of this Act. 
SEC. 8159. (a) REPORT REQUIRED.—Not later than 90 days Deadline. 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the management of the chemical weapons demilitarization program. 
(b) REPORT ELEMENTS.—The report xmder subsection (a) shall 
include the following: 
(1) A description and assessment of the current msmage-
ment structure of the chemical weapons demilitarization pro-
gram, including the msuaagement of the assembled chemiceJ 
weapons assessment (ACWA) program. 
(2) An assessment of the feasibility emd advisability for 
the management of the chemical weapons demilitarization pro-
gram of the assignment of a panel for oversight of the manage-
ment of program, which panel would— 
(A) consist of officials of the Department of Defense 
and of other departments and agencies of the Federal 
Government having an interest in the safe and timely 
demilitarization of chemical weapons; and 
(B) prepare annual reports on the schedule, cost, and 
effectiveness of the progrsun. 
113 STAT. 1274 
PUBLIC LAW 106-79—OCT. 25, 1999 
(3) Any other matters relating to the management of the 
chemical weapons demilitarization program, including the 
improvement of the management of the program, that the 
Secretary considers appropriate. 
SEC. 8160. Notwithstanding any other provision of law, all 
military construction projects for which funds were appropriated 
in Public Law 106-52 are hereby authorized. 
SEC. 8161. The Secretary of Defense may treat the opening 
of the National D-Day Museum in New Orleans, Louisiana, as 
an official event of the Department of Defense for the purposes 
of the provision of support for ceremonies and activities related 
to that opening. 
16 u s e 431 note. 
S E C . 8162. DWIGHT D . EISENHOWER MEMORIAL, (a) FINDINGS.— 
Congress finds that— 
(1) the people of the United States feel a deep debt of 
gratitude to Dwight D. Eisenhower, who served as Supreme 
CommEuider of the Allied Forces in Europe in World War II 
Eind subsequently as 34th President of the United States; and 
(2) an appropriate permanent memorial to Dwight D. Eisen-
hower should be created to perpetuate his memory and his 
contributions to the United States. 
Establishment. 
(b) COMMISSION.—There is established a commission to be 
known as the "Dwight D. Eisenhower Memorial Commission" 
(referred to in this section as the "Commission"). 
(c) MEMBERSHIP.—The Commission shall be composed of— 
(1) four persons appointed by the President, not more than 
two of whom may be members of the same political party; 
(2) four Members of the Senate appointed by the President 
Pro Tempore of the Senate in consultation with the Majority 
Leader emd Minority Leader of the Senate, of which not more 
theui two appointees may be members of the same political 
party; and 
(3) foiu: Members of the House of Representatives appointed 
by the Speaker of the House of Representatives in consultation 
with the Majority Leader amd Minority Leader of the House 
of Representatives, of which not more than two appointees 
may be members of the same political party. 
(d) CHAIR AND VICE CHAIR.—The members of the Commission 
shall select a Chair £uid Vice Chair of the Commission. The Chair 
and Vice Chair shall not be members of the same politiced party. 
(e) VACANCIES.—^Any vacancy in the Commission shall not affect 
its powers if a quorum is present, but shall be filled in the same 
manner as the original appointment. 
(f) MEETINGS.— 
Deadline. 
(1) INITIAL MEETING.—Not later than 45 days after the 
date on which a majority of the members of the Commission 
have been appointed, the Commission shall hold its first 
meeting. 
(2) SUBSEQUENT MEETINGS.—The Commission shall meet 
at the call of the Chair. 
(g) QUORUM.—^A majority of the members of the Commission 
shall constitute a quorum but a lesser number of members may 
hold heeirings. 
(h) No COMPENSATION.—^A member of the Commission shall 
serve without compensation, but may be reimbursed for expenses 
incurred in carrying out the duties of the Commission. 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1275 
(i) DUTIES.—The Commission shall consider and formulate 
plsins for such a permanent memorial to Dwight D. Eisenhower, 
including its nature, design, construction, and location. 
(j) POWERS.—The Commission may— 
(1) make such expenditures for services and materials for 
the purpose of carrjdng out this section as the Commission 
considers advisable from funds appropriated or received as 
gifts for that purpose; 
(2) accept gifts to be used in carrying out this section 
or to be used in connection with the construction or other 
expenses of the memorial; and 
(3) hold hearings, enter into contracts for personal services 
and otherwise, and do such other things as are necessary 
to carry out this section. 
(k) REPORTS.—The Commission shall— 
(1) report the plans under subsection (i), together with 
recommendations, to the President and the Congress at the 
earliest practicable date; and 
(2) in the interim, make annual reports on its progress 
to the President and the Congress. 
(1) APPLICABILITY OF OTHER LAWS.—The Federal Advisory 
Committee Act (5 U.S.C. App.) sheJl not apply to the Commission. 
(m) 
APPROPRL\TION 
OF FUNDS.—In 
addition 
to 
amounts 
provided elsewhere in this Act, there is appropriated to the Commis-
sion $300,000, to remain available until expended. 
SEC. 8163. (a) The Secretary of the Air Force may accept 
contributions from the State of New York for the project at Rome 
Research Site, Rome, New York authorized in section 2301(a) of 
the National Defense Authorization Act for Fiscal Year 2000, for 
purposes of canying out military construction relating to the 
consolidation of Air Force Research Laboratory facilities at the 
Rome Research Site, Rome, New York. Any contributions received 
from the State of New York shall be in addition to the fiinds 
authorized for the project in section 2304(a)(1) of the National 
Defense Authorization Act for Fiscal Year 2000. 
(b) The item for "New York, Rome Research Site", in the table 
in section 2301(a) of the Nationed Defense Authorization Act for 
Fiscal Year 2000 is amended by striking "12,800,000" and inserting Ante, p. 832. 
"25,800,000". 
SEC. 8164, Chapter 1 of title I of division B of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 
1999 (Public Law 105-277; 112 Stat. 2681-553) is amended in 
the paragraph under the heading "Operation and Maintenance, 
Defense-Wide" by inserting before the period at the end the fol-
lowing: ": Provided 
further. 
That an amount not to exceed 
$75,000,000 of the ftinds provided under this heading shall remain 
avgdlable without fiscal year limitation after transfer from this 
account: Provided further, That, notwithstanding any other provi-
sion of law, the Secretary of Defense is authorized to transfer 
the funds referred to in the immediately preceding proviso to other 
activities of the Federal Government pursuant to section 1535 of 
title 31, United States Code (referred to as the 'Economy Act')". 
SEC. 8165. REVIEW OF LOW DENSITY, HIGH DEMAND ASSETS. 
(a) REPORT TO CONGRESSIONAL DEFENSE COMMITTEES.—The Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report assessing the requirements, plans, and resources 
needed to maintain, update, modernize, restore, and expand the 
113 STAT. 1276 
PUBLIC LAW 106-79—OCT. 25, 1999 
Department of Defense fleet of specieilized aircraft and related 
equipment commonly described as "Low Density, High Demsind 
Deadline. 
Assets". The report shall be submitted no later than May 15, 
2000 and shall be submitted in both classified and unclassified 
versions. 
(b) ASSETS TO BE COVERED.—The report shall cover the fol-
lowing aircreift and equipment: 
(1) Electronic warfare aircraft and specialized jamming 
equipment. 
(2) Intelligence, surveillance, and reconnaissance (ISR) 
platforms and major systems, including— 
(A) U-2 aircraft; 
(B) AWACS aircraft; 
(C) JSTARS aircraft; 
(D) RIVET JOINT aircraft; 
(E) tactical unmanned aerial vehicles (UAVs); 
(F) interoperable/secure communications; 
(G) command and control systems; 
(H) new data links; and 
(I) data fusion capability. 
(3) Strategic and tactical airlift aircreift. 
(4) Aerial refueling aircraft. 
(5) Strategic bomber aircraft. 
(c) REPORT ELEMENTS.—The report shall include for each asset 
specified in subsection (b) the following: 
(1) A description of— 
(A) inventory, age, capabilities, current deficiencies, 
usage rates, current Eind remaining service life, and 
expected rates of fatigue; 
(B) ability to provide logistical support; 
(C) planned replacement dates; and 
(D) number of sorties, percentage of inventory used, 
and overall effectiveness in Operation Desert Fox and in 
Operation Allied Force. 
(2) A comparison of the Department's plans £ind resource 
requirements to update, replace, modernize, or restore the asset 
as contained in the Future Years Defense Plan for fiscal year 
2000 with those plans and resource requirements for that asset 
as contedned in the Future Years Defense Pl£in for fiscal year 
2001, £ind £in explemation for any significant difference in those 
plans and requirements. 
(3) A detailed listing, by fisced year, of— 
(A) the total amoiuit required to fulfill mission needs 
statements and documented inventory objectives for the 
asset in order to improve critical warfighting capabilities 
over the next 10 years; and 
(B) of that total amount for each such year, the portion 
(stated as an simount and as a percentage) that is not 
included in the fiscal year 2001 Future Years Defense 
Plan. 
SEC. 8166. Of the funds appropriated in title II of this Act 
under the heading "Operation and Maintenance, Anoay", $5,000,000 
shall be available only for a grant to the Chicago Public Schools 
for conversion and expansion of the former Eighth Regiment 
National Gueird Armory (Bronzeville). 
SEC. 8167. Notwithstsinding any other provision of law, 
$10,000,000, is hereby appropriated £ind authorized for "Military 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1277 
Construction, Army National Guard", to remain available until 
September 30, 2004, for construction, and, contributions therefor, 
of an Army Aviation Support Facility at West Bend, Wisconsin. 
SEC. 8168. (a) PURPOSE.—The purpose of this section is to 
evaluate and demonstrate methods for more efficient operation 
of military installations through improved capital asset manage-
ment and greater reliance on the public or private sector for less-
costly base support services, where available. 
(b) AUTHORITY.—(1) The Secretary of the Air Force may carry 
out at Brooks Air Force Base, Texas, a demonstration project to 
be known as the "Base Efficiency Project" to improve mission 
effectiveness £ind reduce the cost of providing quedity installation 
support at Brooks Air Force Base. 
(2) The Secretary may carry out the Project in consultation 
with the Community to the extent the Secretary determines such 
consultation is necessetry and appropriate. 
(3) The authority provided in this section is in addition to 
any other authority vested in or delegated to the Secretary, and 
the Secretary may exercise any authority or combination of authori-
ties provided under this section or elsewhere to c£irry out the 
purposes of the Project. 
(c) EFFICIENT PRACTICES.—(1) The Secretary may convert serv-
ices at or for the benefit of the Base from accomplishment by 
military personnel or by Department civilian employees (appro-
priated fund or non-appropriated fund), to services performed by 
contract or provided as consideration for the lease, sale, or other 
conveyance or transfer of property. 
(2) Notwithstanding section 2462 of title 10, United States 
Code, a contract for services may be awarded based on "best value" 
if the Secreteiry determines that the aw£ird will advance the pur-
poses of a joint activity conducted under the Project and is in 
the best interest of the Department. 
(3) NotwithstEinding that such services are generally funded 
by local and State t£ixes and provided without specific charge to 
the public at large, the Secretary may contract for public services 
at or for the benefit of the Base in exchange for such consideration, 
if any, the Secretary determines to be appropriate. 
(4)(A) The Secretary may conduct joint activities with the 
Community, the State, and any private parties or entities on or 
for the benefit of the Base. 
(B) Payments or reimbursements received fi"om peuticipeuits 
for their share of direct and indirect costs of joint activities, 
including the costs of providing, operating, and maintaining facili-
ties, shall be in an. £unount and type determined to be adequate 
and appropriate by the Secretary. 
(C) Such pajonents or reimbursements received by the Depart-
ment shall be deposited into the Project Fund. 
(d) LEASE AUTHORITY.—(1) The Secretary may lease real or 
personal property located on the Base and not required at other 
Air Force installations to any lessee upon such terms and conditions 
as the Secretary considers appropriate and in the interest of the 
United States, if the Secretary determines that the lease would 
facilitate the purposes of the Project. 
(2) Consideration for a lease imder this subsection shall be 
determined in accordance with subsection (g). 
(3) A lease under this subsection— 
69-194 -01-9:QL3Part2 
113 STAT. 1278 
PUBLIC LAW 106-79—OCT. 25, 1999 
(A) may be for such period as the Secretary determines 
is necessary to accompKsh the goals of the Project; and 
(B) may give the lessee the first right to purchase the 
property at fair market value if the lease is terminated to 
allow the United States to sell the property under einy other 
provision of law. 
(4)(A) The interest of a lessee of property leased under this 
subsection may be taxed by the State or the Community. 
(B) A lease under this subsection shall provide that, if and 
to the extent that the leased property is later made taxable by 
State governments or local governments under Federal law, the 
lease shall be renegotiated. 
(5) The Depeirtment may furnish a lessee with utilities, custo-
dial services, and other base operation, maintenance, or support 
services performed by Department civiligin or contract employees, 
in exchange for such consideration, payment, or reimbursement 
as the Secretary determines appropriate. 
(6) All amovmts received from leases under this subsection 
shall be deposited into the Project Fund. 
(7) A lease under this subsection shall not be subject to the 
following provisions of law: 
(A) Section 2667 of title 10, United States Code, other 
than subsection (b)(1) of that section. 
(B) Section 321 of the Act of Jime 30, 1932 (40 U.S.C. 
303b). 
(C) The Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 471 et seq.). 
(e) PROPERTY DISPOSAL.—(1) The Secretary may sell or other-
wise convey or transfer real and personal property located at the 
Base to the Community or to another public or private party dming 
the Project, upon such terms and conditions as the Secretsiry con-
siders appropriate for purposes of the Project. 
(2) Consideration for a SEile or other conveyance or transfer 
of property under this subsection shall be determined in accordance 
with subsection (g). 
(3) The sale or other conveyance or treinsfer of property luider 
this subsection shall not be subject to the following provisions 
of law: 
(A) Section 2693 of title 10, United States Code. 
(B) The Federal Property sind Administrative Services Act 
of 1949 (40 U.S.C. 471 et seq.). 
(4) Cash pajonents received as consideration for the sale or 
other conveyance or treinsfer of property under this subsection 
shall be deposited into the Project Fund. 
(f) 
LEASEBACK OF PROPERTY LEASED OR DISPOSED.—(1) 
The 
Secretary may lease, sell, or otherwise convey or treuisfer real 
property at the Base under subsections (b) and (e), as applicable, 
which will be retained for use by the Department or by another 
military department or other Federal agency, if the lessee, pur-
chaser, or other grantee or transferee of the property agrees to 
enter into a leaseback to the Department in connection with the 
lease, sale, or other conveyance or transfer of one or more portions 
or all of the property leased, sold, or otherwise conveyed or trans-
ferred, as applicable. 
(2) A leaseback of real property under this subsection shall 
be an operating lease for no more than 20 years unless the Secreteiry 
of the Air Force determines that a longer term is appropriate. 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1279 
(3)(A) Consideration, if Einy, for real property leased under 
a leaseback entered into under this subsection shall be in such 
form and amount as the Secretary considers appropriate. 
(B) The Secretary may use funds in the Project Fund or other 
funds appropriated or otherwise available to the Department for 
use at the Base for pa5maent of any such cash rent, 
(4) Notwithstanding any other provision of law, the Department 
or other military department or other Federal agency using the 
real property leased under a leaseback entered into under this 
subsection may construct and erect facilities on or otherwise 
improve the leased property using fxinds appropriated or otherwise 
available to the Department or other military department or other 
Federal agency for such purpose. 
(g) CONSIDERATION.—(1) The Secretary shall determine the 
nature, value, and adequacy of consideration required or offered 
in exchange for a lease, sale, or other conveyance or transfer of 
real or personal property or for other actions taken under the 
Project. 
(2) Consideration may be in cash or in-kind or any combination 
thereof. In-kind consideration may include the following: 
(A) Real property. 
(B) Personal property. 
(C) Goods or services, including operation, maintensuice, 
protection, repair, or restoration (including environmental res-
toration) of any property or facilities (including non-appro-
priated fund facilities). 
(D) Base operating support services. 
(E) Improvement of Department facilities. 
(F) Provision of facilities, including office, storage, or other 
usable space, for use by the Department on or off the Base. 
(G) Public services. 
(3) Consideration may not be for less them the fair market 
value. 
(h) PROJECT FUND.—(1) There is established on the books of 
the Treasury a fund to be known as the "Base Efficiency Project 
Fund" into which all cash rents, proceeds, payments, reimburse-
ments, and other amoiuits from leases, sales, or other conveyainces 
or treuisfers, joint activities, and all other actions taken under 
the Project shall be deposited. All eimounts deposited into the Project 
Fund are without fiscal year limitation. 
(2) Amoimts in the Project Fiuid may be used only for operation, 
base operating support services, medntenance, repair, or improve-
ment of Department facilities, pajonent of consideration for acquisi-
tions of interests in real property (including payment of rentals 
for leasebacks), and environmented protection or restoration, in 
addition to or in combination with other amounts appropriated 
for these purposes. 
(3) Subject to generally prescribed finguicieJ management regu-
lations, the Secretary shall establish the structure of the Project 
Fund and such administrative policies and procedures as the Sec-
retary considers necessary to account for sind control deposits into 
and disbursements from the Project Fund effectively. 
(4) All amoiints in the Project Fund shall be available for 
use for the purposes authorized in paragraph (2) at the Base. 
(i) FEDERAL AGENCIES.—(1)(A) Any Federal agency, its contrac-
tors, or its grantees shall pay rent, in cash or services, for the 
113 STAT. 1280 
PUBLIC LAW 106-79—OCT. 25, 1999 
use of facilities or property at the Base, in an amount and type 
determined to be adequate by the Secretary. 
(B) Such rent shall generally be the fair market rented of 
the property provided, but in any case shall be sufficient to com-
pensate the Base for the direct euid overhead costs incurred by 
the Base due to the presence of the tenant agency on the Base. 
(2) Transfers of real or personal property at the Base to other 
Federal agencies shall be at fair market value consideration. Such 
consideration may be paid in cash, by appropriation transfer, or 
in property, goods, or services. 
(3) Amounts received from other Federal agencies, their contrac-
tors, or grantees, including einy amounts paid by appropriation 
transfer, shall be deposited in the Project Fund. 
(j) REPORTS TO CONGRESS.—(1) Section 2662 of title 10, United 
States Code, shall not apply to transactions at the Base during 
the Project. 
Deadline. 
(2)(A) Not later th£ui Msirch 1 each year, the Secreteuy shaU 
Reports. 
submit to the appropriate committees of the Congress a report 
on £uiy transactions at the Base during the preceding fisced year 
that would be subject to such section 2662. 
(B) The report shedl include a detailed cost suialysis of the 
financial savings and gains realized through joint activities and 
other actions under the Project authorized by this section and 
a description of the status of the Project. 
(k) LIMITATION.—None of the authorities in this section shall 
create any legal rights in £uiy person or entity except rights 
embodied in leases, deeds, or contracts. 
(1) EXPIRATION OF AUTHORITY.—The authority to enter into 
a lease, deed, permit, license, contract, or other agreement under 
this section shall expire on September 30, 2004. 
(m) DEFINITIONS.—In this section: 
(1) The term "Project" means the Base Efficiency Project 
authorized by this section. 
(2) The term "Base" meeuis Brooks Air Force Base, Texas. 
(3) The term "Commimitj^' means the City of San Antonio, 
Texas. 
(4) The term "Department" means the Department of the 
Air Force. 
(5) The term "facility" meeuis a building, structiu"e, or other 
improvement to real property (except a military family housing 
imit as that term is used in subchapter IV of chapter 169 
of title 10, United States Code). 
(6) The term "joint activity" means an activity conducted 
on or for the benefit of the Base by the Department, jointly 
with the Commimity, the State, or amy private entity, or any 
combination thereof. 
(7) The term "Project Fund" meeuis the Base Efficiency 
Project Fund established by subsection (h). 
(8) The term "public services" means public services (except 
public schools, fire protection, and police protection) that are 
funded by local and State taxes gmd provided without specific 
charge to the public at large. 
(9) The term "Secretary" means the Secretary of the Air 
Force or the Secretary's designee, who shall be a civilian official 
of the Department appointed by the President with the advice 
£uid consent of the Senate. 
(10) The term "State" means the State of Texas. 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1281 
(n) The authorities provided in this section shall not take 
effect until June 15, 2000. 
SEC. 8169. Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act is hereby reduced by 
$400,000,000, to be distributed as follows: 
"Operation and Maintenance, Army", $115,000,000; 
"Operation and Maintenance, Navy", $150,000,000; 
"Operation and Maintenance, Marine Corps", $20,000,000; 
and 
"Operation and Maintenance, Air Force", $115,000,000: 
Provided, That of the unobligated amounts made available in section 
2008 of title II, chapter 3 of PubHc Law 106-31, $400,000,000 
shall be made available only for depot level maintenance and repair, 
as follows: 
"Operation and Maintenance, Army", $115,000,000; 
"Operation and Maintenance, Navy", $150,000,000; 
"Operation and Medntenance, Marine Corps", $20,000,000; 
and 
"Operation and Maintenance, Air Force", $115,000,000. 
SEC. 8170. Notwithstanding any other provision of this Act, 
the toted amount appropriated in this Act is hereby reduced by 
$550,000,000, to be distributed as follows: 
"Operation and Maintenance, Army", $170,000,000; 
"Operation and Maintenance, Navy", $170,000,000; 
"Operation and Maintenance, Marine Corps", $40,000,000; 
and 
"Operation and Maintenance, Air Force", $170,000,000: 
Provided, Thai of the unobligated amounts made available in section 
2007 of title II, chapter 3 of Pubhc Law 106-31, $550,000,000 
shall be made available only for speire £ind repedr parts and associ-
ated logistical support necessary for the maintenance of weapons 
systems and equipment, as follows: 
"Operation and Maintenance, Army", $170,000,000; 
"Operation and Maintenance, Navy", $170,000,000; 
"Operation and Maintenance, Marine Corps", $40,000,000; 
and 
"Operation and Maintenance, Air Force", $170,000,000. 
SEC. 8171. Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act is hereby reduced by 
$100,000,000, to be distributed as follows: 
"Operation and Maintenance, Army", $60,000,000; 
"Operation and Maintenance, Navy", $20,000,000; and 
"Operation and Maintenance, Air Force", $20,000,000: 
Provided, That of the unobligated amounts made available in section 
2011 of title II, chapter 3 of PubHc Law 106-31, $100,000,000 
shall be made available only for base operations support costs 
at Department of Defense facilities, as follows: 
"Operation and Maintenance, Army", $60,000,000; 
"Operation and Maintenance, Navy", $20,000,000; and 
"Operation and Maintenance, Air Force", $20,000,000. 
SEC. 8172. Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act is hereby reduced by 
$356,400,000, to be distributed as follows: 
"Weapons Procurement, Navy"; $50,900,000; 
"Procurement of Ammunition, Navy and Marine Corps", 
$113,500,000; 
"Aircraft Procurement, Air Force", $20,800,000; and 
113 STAT. 1282 
PUBLIC LAW 106-79—OCT. 25, 1999 
and 
Maintenance, 
Air 
Force 
Reserve", 
cind Maintenance, 
Air 
National 
Guard", 
"Procurement of Ammunition, Air Force", $171,200,000: 
Provided, That the Secretary of Defense shall allocate these reduc-
tions to reflect savings avEiilable as a result of the increased procure-
ment of munitions resulting from funds made available in title 
II, chapter 3 of PubKc Law 106-31. 
SEC. 8173. (a) Notwithstanding any other provision of this 
Act, amoiuits otherwise provided by this Act in title II for the 
following accounts and activities are reduced by the following 
Eimounts: 
"Operation and Maintenance, Army", $1,572,947,000; 
"Operation and Maintenance, Navy", $1,874,598,000; 
"Operation and Maintenance, Marine Corps", $228,709,000; 
"Operation and Maintenance, Air Force", $1,707,150,000; 
"Operation and Maintenance, Defense-Wide", $939,341,000; 
"Operation 
and 
Mgdntenance, 
Army 
Reserve", 
$120,072,000; 
"Operation and MaintenEuice, Navy Reserve", $77,598,000; 
"Operation and Maintenance, Marine Corps Reserve", 
$11,346,000; 
"Operation 
$145,393,000; 
"Operation and Maintenance, Army National Gu£ird", 
$258,115,000; 
"Operation 
$264,731,000; 
in all: $7,200,000,000. 
(b) In addition to Eimounts appropriated elsewhere in this Act 
there are hereby appropriated the following amoiints for the fol-
lowing accoiuits: 
"Operation and Maintenance, Army", $1,572,947,000; 
"Operation and Maintenance, Navy", $1,874,598,000; 
"Operation and Maintenance, Marine Corps". $228,709,000; 
"Operation and Maintenance, Air Force", $1,707,150,000; 
"Operation and Maintenance, Defense-Wide", $939,341,000; 
"Operation 
and 
Maintenance, 
Army 
Reserve", 
$120,072,000; 
"Operation and Maintenance, Navy Reserve", $77,598,000; 
"Operation and Maintenance, Marine Corps Reserve", 
$11,346,000; 
"Operation 
$145,393,000; 
"Operation £ind Madntenance, Army 
$258,115,000; 
"Operation 
$264,731,000; 
in all; $7,200,000,000: 
Provided, That the entire amount shedl be available only to the 
extent an official budget request for $7,200,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Beilanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of such Act. 
SEC. 8174. None of the funds appropriated or otherwise made 
available in this Act may be used for the Americein Heritage Rivers 
Initiative. 
and 
Maintenance, 
Air 
Force 
Reserve", 
National Guard", 
and 
Maintenance, 
Air 
National 
Guard", 
PUBLIC LAW 106-79—OCT. 25, 1999 
113 STAT. 1283 
SEC. 8175. Notwithst£inding any other provision of law, the 
Department of Defense shall make progress payments based on 
progress no less than 12 days after receiving a valid billing and 
the Department of Defense shall make progress payments based 
on cost no less than 19 days after receiving a valid billing. 
SEC. 8176. Notwithst£inding any other provision of law, the 
Department of Defense shall m ^ e adjustments in pa3anent proce-
dures and policies to ensure that payments are made no less than 
29 days after receipt of a proper invoice. 
TITLE K 
WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND 
PAKISTAN 
SEC. 9001. (a) WAIVER AUTHORITY.—Except as provided in sub-
sections (b) and (c) of this section, the President may waive, with 
respect to India and Pakistan, the application of any sanction 
contained in section 101 or 102 of the Arms Export Control Act 
(22 U.S.C. 2799aa or 22 U.S.C. 2799aa-l), section 2(b)(4) of the 
Export Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section 
620E(e) of the Foreign Assistance Act of 1961, as amended, (22 
U.S.C. 2375(e)). 
(b) EXCEPTION.—The authority to waive the application of a 
sanction or prohibition (or portion thereof) under subsection (a) 
shall not apply with respect to a sanction or prohibition contsdned 
in subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms 
Export Control Act, unless the President determines, and so certifies 
to the Congress, that the application of the restriction would not 
be in the national security interests of the United States. 
(c) TERMINATION OF WAIVER.—The President may not exercise 
the authority of subsection (a), and any waiver previously issued 
under subsection (a) shall cease to apply, with respect to India 
or Peikistan, if that country detonates a nuclear explosive device 
after the date of the enactment of this Act or otherwise takes 
such action which would cause the President to report pursuant 
to section 102(b)(1) of the Arms Export Control Act. 
(d) TARGETED SANCTIONS.— 
(1) SENSE OF THE CONGRESS.— 
(A) it is the sense of the Congress that the broad 
application of export controls to nearly 300 Indian and 
Pakistani entities is inconsistent with the specific national 
security interests of the United States and that this control 
list requires refinement; and 
(B) export controls should be applied only to those 
Indian and Pakistani entities that meike direct and mate-
rial contributions to weapons of mass destruction and mis-
sile programs and only to those items that can contribute 
to such programs. 
(2) REPORTING REQUIREMENT.—Not later than 60 days after 
the date of the enactment of this Act, the President shall 
submit both a classified and unclassified report to the appro-
priate congressional committees listing those Indian and Paki-
stani entities whose activities contribute to missile programs 
or weapons of mass destruction programs. 
(e) CONGRESSIONAL NOTIFICATION.—The issuance of a license 
for export of a defense article, defense service, or technology imder 
22 use 
2799aa-l 
note. 
Deadline. 
113 STAT. 1284 
PUBLIC LAW 106-79—OCT. 25, 1999 
the authority of this section shall be subject to the same require-
ments as are applicable to the export of items described in section 
36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)), including 
the transmittal of information and the application of congressional 
review procedures. 
(f) REPEAL.—The India-Pakistan Relief Act (title IX of the 
Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act, 1999, as contained in 
22 use 
section 101(a) of Public Law 105-277) is repealed effective October 
2799aa-l 
21, 1999. 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 2000". 
Approved October 25, 1999. 
note 
LEGISLATIVE HISTORY—H.R. 2561 (S. 1122): 
HOUSE REPORTS: Nos. 106-244 (Comm. on Appropriations) and 
106-371 
(Comm. of Conference). 
SENATE REPORTS: No. 106-53 accompanying S. 1122 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
July 22, considered and passed House. 
July 28, considered and passed Senate, amended, in lieu of S. 1122. 
Oct. 13, House agreed to conference report. 
Oct. 14, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Nov. 4, Presidential statement.