[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2593 Placed on Calendar Senate (PCS)]
Calendar No. 563
106th CONGRESS
2d Session
S. 2593
[Report No. 106-298]
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2001, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2000
Mr. Stevens, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2001, for
military functions administered by the Department of Defense, and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
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 stations, 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, $22,173,929,000.
Military Personnel, Navy
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 stations, 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, $17,877,215,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, 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 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, $6,831,373,000.
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 stations, for members of
the Air Force 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,
$18,110,764,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 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 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
payments to the Department of Defense Military Retirement Fund,
$2,458,961,000.
Reserve Personnel, Navy
For pay, allowances, 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' Training Corps, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,539,490,000.
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 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 Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$446,586,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under 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 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 or
other duty, and for members of the Air Reserve Officers' Training
Corps, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $963,752,000.
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 Department of Defense Military Retirement Fund,
$3,781,236,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard 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 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 Department of Defense Military Retirement Fund,
$1,634,181,000.
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; and not to
exceed $10,616,000 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, $19,049,881,000 and, in addition,
$50,000,000 shall be derived by transfer from the National Defense
Stockpile Transaction Fund: Provided, That of the funds appropriated in
this paragraph, not less than $355,000,000 shall be made available only
for conventional ammunition care and maintenance.
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 $5,146,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$23,398,254,000 and, in addition, $50,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction Fund.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$2,729,758,000.
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 $7,878,000 can be used for emergencies and 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, $22,268,977,000 and, in
addition, $50,000,000, shall be derived by transfer from the National
Defense Stockpile Transaction Fund.
Operation and Maintenance, Defense-Wide
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$11,991,688,000, of which not to exceed $25,000,000 may be available
for the CINC initiative fund account; and of which not to exceed
$30,000,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of Defense,
and payments may be made on his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,529,418,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $968,946,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $141,159,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,893,859,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $3,330,535,000.
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National 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 National
Guard, including repair of facilities, maintenance, 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 Guard; and expenses incident to the
maintenance and use of supplies, materials, and equipment, including
such as may be furnished from stocks under the control of agencies of
the Department of Defense; travel expenses (other than mileage) on the
same basis as authorized by law for Air National Guard personnel on
active Federal duty, for Air National Guard commanders while inspecting
units in compliance with National Guard Bureau regulations when
specifically authorized by the Chief, National Guard Bureau,
$3,481,775,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations
by United States military forces, $4,100,577,000, to remain available
until expended: Provided, That the Secretary of Defense may transfer
these funds only to military personnel accounts; operation and
maintenance accounts within this title, the Defense Health Program
appropriation, 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 appropriation 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
transferred back to this appropriation: Provided further, That the
transfer authority provided in this paragraph is in addition to any
other transfer authority contained elsewhere in this Act.
United States Courts of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $8,574,000, 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, $389,932,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same 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 transferred back to this
appropriation.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $294,038,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental 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 Department of the Navy, to be
merged with and to be available for the same 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 transferred back to this
appropriation.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $376,300,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental 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 available 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 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
transferred back to this appropriation.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $21,412,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer 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 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 transferred back to this
appropriation.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $231,499,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same 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 transferred back to this
appropriation.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 2547, and 2551 of title
10, United States Code), $55,900,000, to remain available until
September 30, 2002.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, $458,400,000, to remain available
until September 30, 2003: Provided, That of the amounts provided under
this heading, $25,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines and submarine reactor
components in the Russian Far East.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
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 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, $1,532,862,000, to remain available for obligation until
September 30, 2003.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
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 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, $1,329,781,000, to remain available for obligation until
September 30, 2003.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized 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 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,
$2,166,574,000, to remain available for obligation until September 30,
2003.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,212,149,000, to remain available for
obligation until September 30, 2003.
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 35 passenger motor vehicles for
replacement only; and the purchase of 12 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; specialized 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 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,
$4,060,728,000, to remain available for obligation until September 30,
2003.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary 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, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $8,426,499,000, to remain available for obligation
until September 30, 2003.
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
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, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $1,571,650,000, to remain available
for obligation until September 30, 2003.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $471,749,000, to remain available for
obligation until September 30, 2003.
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, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government 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 plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $4,053,653,000;
Carrier Replacement Program (AP), $21,869,000;
NSSN, $1,203,012,000;
NSSM (AP), $508,222,000;
CVN Refuelings, $703,441,000;
CVN Refuelings (AP), $25,000,000;
Submarine Refuelings, $210,414,000;
Submarine Refuelings (AP), $72,277,000;
DDG-51 destroyer program, $2,713,559,000;
DDG-51 destroyer program (AP), $500,000,000;
LPD-17 Program Cost Growth, $285,000,000;
LPD-17 (AP), $200,000,000;
LHD-8 (AP), $460,000,000;
ADC(X), $338,951,000;
LCAC landing craft air cushion program, $15,615,000; and
For craft, outfitting, post delivery, conversions, and
first destination transformation transportation, $301,077,000;
In all: $11,612,090,000, to remain available for obligation until
September 30, 2005: Provided, That additional obligations may be
incurred after September 30, 2005, 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 construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, 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 the authority to enter into contracts for
an LHD-1 Amphibious Assault Ship and LPD-17 Class Ships 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 aircraft, new ships, and ships authorized for
conversion); the purchase of not to exceed 63 passenger motor vehicles
for replacement only, and the purchase of one vehicle required for
physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $200,000; expansion
of public and private plants, including the land necessary 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, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $3,400,180,000, to remain available for obligation
until September 30, 2003.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of not to exceed 33
passenger motor vehicles for replacement only; and expansion of public
and private plants, including land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title, $1,196,368,000, to remain available
for obligation until September 30, 2003.
Aircraft Procurement, Air Force
For construction, procurement, lease, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $7,289,934,000, to remain
available for obligation until September 30, 2003.
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 training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$2,920,815,000, to remain available for obligation until September 30,
2003.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $654,808,000, to remain available for
obligation until September 30, 2003.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed
173, passenger motor vehicles for replacement only, and the purchase of
one vehicle required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $200,000; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $7,605,027,000, to remain available
for obligation until September 30, 2003.
Procurement, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of not to exceed 115 passenger motor vehicles for replacement
only; the purchase of 10 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; expansion of public
and private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$2,294,908,000, to remain available for obligation until September 30,
2003.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $150,000,000, to remain available for
obligation until September 30, 2003: 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 component.
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,
$5,683,675,000, to remain available for obligation until September 30,
2002.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$8,812,070,000, to remain available for obligation until September 30,
2002: 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.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$13,931,145,000, to remain available for obligation until September 30,
2002.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $10,952,039,000, to remain
available for obligation until September 30, 2002.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $218,560,000, to remain available for obligation until
September 30, 2002.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds; $916,276,000: Provided, That
during fiscal year 2001, funds in the Defense Working Capital Funds may
be used for the purchase of not to exceed 330 passenger carrying motor
vehicles for replacement only for the Defense Security Service.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), $388,158,000, to remain available until expended:
Provided, That none of the funds provided in this paragraph shall be
used to award a new contract that provides for the acquisition of any
of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components (that
is; engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
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.
National Defense Airlift Fund
For National Defense Airlift Fund programs, projects, and
activities, $2,890,923,000, to remain available until expended:
Provided, That these funds shall only be available for transfer to the
appropriate C-17 program P-1 line items of Titles III of this Act for
the purposes specified in this section: Provided further, That 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:
Provided further, That the transfer authority provided in this section
is in addition to any other transfer authority contained elsewhere in
this Act.
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,
$12,130,179,000, of which $11,437,293,000 shall be for Operation and
maintenance, of which not to exceed 2 percent shall remain available
until September 30, 2002; of which $290,006,000, to remain available
for obligation until September 30, 2003, shall be for Procurement; of
which $402,880,000, to remain available for obligation until September
30, 2002, shall be for Research, development, test and evaluation; and
of which $10,000,000 shall be available for HIV prevention educational
activities undertaken in connection with U.S. military training,
exercises, and humanitarian assistance activities conducted in African
nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $979,400,000, of which $600,000,000 shall be
for Operation and maintenance to remain available until September 30,
2002, $105,000,000 shall be for Procurement to remain available until
September 30, 2003, and $274,400,000 shall be for Research,
development, test and evaluation to remain available until September
30, 2002: Provided, That of the funds available under this heading,
$1,000,000 shall be available until expended each year only for a
Johnston Atoll off-island leave program: Provided further, That the
Secretaries concerned shall, pursuant to uniform regulations, prescribe
travel and transportation allowances for travel by participants in the
off-island leave program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components 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, $933,700,000: Provided, 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 General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $147,545,000, of which $144,245,000 shall be for Operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $3,300,000 to remain available until September
30, 2003, shall be for Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain proper funding level for continuing
the operation of the Central Intelligence Agency Retirement and
Disability System, $216,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account, $177,331,000, of which $22,557,000 for the Advanced Research
and Development Committee shall remain available until September 30,
2002: Provided, That of the funds appropriated under this heading,
$27,000,000 shall be transferred to the Department of Justice for the
National Drug Intelligence Center to support the Department of
Defense's counter-drug intelligence responsibilities, and of the said
amount, $1,500,000 for Procurement shall remain available until
September 30, 2002, and $1,000,000 for Research, development, test and
evaluation shall remain available until September 30, 2002.
Payment to Kaho'olawe
For payment to Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Fund, as authorized by law, $60,000,000, to
remain available until expended.
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183, $6,950,000,
to be derived from the National Security Education Trust Fund, to
remain available until expended.
TITLE VIII
GENERAL PROVISIONS--DEPARTMENT OF DEFENSE
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$2,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital funds in
this Act, no obligations may be made against a working capital fund to
procure or increase the value of war reserve material inventory, unless
the Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8007. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in session to the congressional defense committees.
Sec. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any 1 year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, 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 determine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
M2A3 Bradley fighting vehicle; DDG-51 destroyer; C-17; and
UH-60/CH-60 aircraft.
Sec. 8009. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported to the Congress on
September 30 of each year: Provided, That funds available for operation
and maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Territories
of the Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by Public Law
99-239: Provided further, That upon a determination by the Secretary of
the Army that such action is beneficial for graduate medical education
programs conducted at Army medical facilities located in Hawaii, the
Secretary of the Army may authorize the provision of medical services
at such facilities and transportation to such facilities, on a
nonreimbursable basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall Islands, the
Federated States of Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2001, 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 2002 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2002 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2002.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8011. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of
Defense to exceed, outside the 50 United States, its territories, and
the District of Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Personnel Manual:
Provided further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in this
workyear limitation.
Sec. 8012. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8013. (a) None of the funds appropriated by this Act shall be
used to make contributions to the Department of Defense Education
Benefits Fund pursuant to section 2006(g) of title 10, United States
Code, representing the normal cost for future benefits under section
3015(d) of title 38, United States Code, for any member of the armed
services who, on or after the date of the enactment of this Act,
enlists in the armed services for a period of active duty of less than
3 years, nor shall any amounts representing the normal cost of such
future benefits be transferred from the Fund by the Secretary of the
Treasury to the Secretary of Veterans Affairs pursuant to section
2006(d) of title 10, United States Code; nor shall the Secretary of
Veterans Affairs pay such benefits to any such member: Provided, That
these limitations shall not apply to members in combat arms skills or
to members who enlist in the armed services on or after July 1, 1989,
under a program continued or established by the Secretary of Defense in
fiscal year 1991 to test the cost-effective use of special recruiting
incentives involving not more than 19 noncombat arms skills approved in
advance by the Secretary of Defense: Provided further, That this
subsection applies only to active components of the Army.
(b) None of the funds appropriated by this Act shall be available
for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this subsection
shall not apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, 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 Department 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 and 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-O'Day 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 Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal 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 chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section manufactured will include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced 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
manufactured outside the United States: Provided further, That when
adequate 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) or Tricare shall be available for the reimbursement of any
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 an economic interest in the facility to which the
patient is referred: Provided, That this limitation does not apply in
the case of inpatient mental health services provided under the program
for persons with disabilities under subsection (d) of section 1079 of
title 10, United States Code, provided as partial 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 professional who is not a Federal employee
after a review, pursuant to rules 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 availability of
that care.
Sec. 8018. Funds available 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 from 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 fiscal 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 installations 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 military forces in that host nation, or such real
property maintenance and base operating costs that are currently
executed through monetary transfers to such host nations: Provided
further, That the Department of Defense's budget submission for fiscal
year 2002 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 from 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 and the Committee on Foreign
Relations of the Senate 30 days prior to the conclusion and endorsement
of any such agreement established under this provision.
Sec. 8020. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.
Sec. 8021. No more than $500,000 of the funds 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 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. 8022. 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. 8023. 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 temporary
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 military service for his or her
State, the District of Columbia, the Commonwealth 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.
Sec. 8024. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24
months after 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. 8025. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8026. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
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. 8027. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act.
Sec. 8028. (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 shall be afforded the maximum
practicable opportunity to participate as subcontractors and suppliers
in the performance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern which has
negotiated with a military service or defense agency a subcontracting
plan for the participation by small business concerns pursuant 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
nonprofit agency for the blind or other severely handicapped'' 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.
46-48).
Sec. 8029. During 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. 8030. During the current fiscal 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 Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8031. Of the funds made available in this Act, not less than
$21,417,000 shall be available for the Civil Air Patrol Corporation, of
which $19,417,000 shall be available for Civil Air Patrol Corporation
operation and maintenance to support readiness activities which
includes $2,000,000 for the Civil Air Patrol counterdrug program:
Provided, That funds identified for ``Civil Air Patrol'' under this
section are intended for and shall be for the exclusive use of the
Civil Air Patrol Corporation and not for the Air Force or any unit
thereof.
Sec. 8032. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
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 membership 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, Special 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 paid 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
under the Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2001 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
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2001, not more than
6,227 staff years 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 1,009 staff years may be
funded for the defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2002 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. 8033. 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 Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8034. 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 Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8035. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance 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 Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8036. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (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 Secretary of Defense shall rescind the Secretary'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 memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2001. 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 any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).
Sec. 8037. Appropriations contained in this Act that remain
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. 8038. Amounts deposited during the current 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 appropriated
and shall be available until transferred by the Secretary 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. 8039. The President shall include with each budget for a
fiscal year submitted to the Congress under section 1105 of title 31,
United States Code, materials that shall identify clearly and
separately the amounts requested in the budget for appropriation for
that fiscal year for salaries and expenses related to administrative
activities of the Department of Defense, the military departments, and
the defense agencies.
Sec. 8040. 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. 8041. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act: Provided, That none of the funds made available
for expenditure under this section may be transferred or obligated
until 30 days after the Secretary of Defense submits a report which
details the balance available in the Overseas Military Facility
Investment Recovery Account, all projected income into the account
during fiscal years 2001 and 2002, and the specific expenditures to be
made using funds transferred from this account during fiscal year 2001.
Sec. 8042. Of the funds appropriated or otherwise made available by
this Act, not more than $119,200,000 shall be available for payment of
the operating costs of NATO Headquarters: Provided, That the Secretary
of Defense may waive this section for Department of Defense support
provided to NATO forces in and around the former Yugoslavia.
Sec. 8043. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance
may be used to purchase items having an investment item unit cost of
not more than $100,000.
Sec. 8044. (a) During the current 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 investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2002 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2002 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2000 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8045. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2002: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended.
Sec. 8046. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8047. Of the funds appropriated by the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $10,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8048. Amounts collected for the use of the facilities of the
National Science Center for Communications and Electronics during the
current fiscal year pursuant to section 1459(g) of the Department of
Defense Authorization Act, 1986, and deposited to the special account
established under subsection 1459(g)(2) of that Act are appropriated
and shall be available until expended for the operation and maintenance
of the Center as provided for in subsection 1459(g)(2).
Sec. 8049. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30, 1934,
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting 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 Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
Sec. 8050. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to
which a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such contract is
in the interest of the national defense.
Sec. 8051. (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
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements 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. 8052. Funds appropriated by this Act, or made available by the
transfer of funds in this Act for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2001 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2001.
Sec. 8053. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to
lease real and personal property at Naval Air Facility, Adak, Alaska,
pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other
purposes: Provided, That notwithstanding any other provision of law,
the Secretary of the Navy may remove hazardous materials from
facilities, buildings, and structures at Adak, Alaska, and may demolish
or otherwise dispose of such facilities, buildings, and structures.
(rescissions)
Sec. 8054. Of the funds provided in Department of Defense Acts, the
following funds are hereby rescinded as of the date of the enactment of
this Act or October 1, 2000, whichever is later, from the following
accounts and programs in the specified amounts:
``Weapons and Tracked Combat Vehicles, 2000/2002'',
$59,000,000;
``Aircraft Procurement, Air Force, 2000/2002'',
$24,000,000;
``Other Procurement, Army, 2000/2002'', $29,300,000;
``Missile Procurement, Air Force, 2000/2002'', $30,000,000;
and
``Research, Development, Test and Evaluation, Army, 2000/
2001'', $27,000,000.
Sec. 8055. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8056. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8057. During the current fiscal year, funds appropriated in
this Act are available to compensate members of the National Guard for
duty performed pursuant to a plan submitted by a Governor of a State
and approved by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance of such duty,
the members of the National Guard shall be under State command and
control: Provided further, That such duty shall be treated as full-time
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of
title 10, United States Code.
Sec. 8058. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Unified and Specified Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred against
appropriations for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence or counterintelligence
support to Unified and Specified Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and programs included
within the National Foreign Intelligence Program (NFIP), the Joint
Military Intelligence Program (JMIP), and the Tactical Intelligence and
Related Activities (TIARA) aggregate: Provided, That nothing in this
section authorizes deviation from established Reserve and National
Guard personnel and training procedures.
(including transfer of funds)
Sec. 8059. None of the funds appropriated in this Act may be
transferred to or obligated from the Pentagon Reservation Maintenance
Revolving Fund, unless the Secretary of Defense certifies that the
total cost for the planning, design, construction and installation of
equipment for the renovation of the Pentagon Reservation will not
exceed $1,222,000,000.
Sec. 8060. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
(transfer of funds)
Sec. 8061. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be transferred to other appropriations or funds of the
Department of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the appropriation or
fund to which transferred.
Sec. 8062. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8063. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8064. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8065. 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 appropriated in this
or any other Act.
Sec. 8066. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State (as defined in section 381(d) of title 10, United States Code)
which is not contiguous with another State and has an unemployment rate
in excess of the national average rate of unemployment as determined by
the Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that portion of the
contract in such State that is not contiguous with another State,
individuals who are residents of such State and who, in the case of any
craft or trade, possess or would be able to acquire promptly the
necessary skills: Provided, That the Secretary of Defense may waive the
requirements of this section, on a case-by-case basis, in the interest
of national security.
Sec. 8067. During the current fiscal year, the Army shall use the
former George Air Force Base as the airhead for the National Training
Center at Fort Irwin: Provided, That none of the funds in this Act
shall be obligated or expended to transport Army personnel into Edwards
Air Force Base for training rotations at the National Training Center.
Sec. 8068. (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding any other provision of law, none of the
funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of 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
transferred will have to be replaced and, if so, how
the President proposes to provide funds for such
replacement.
Sec. 8069. To the extent authorized by subchapter VI of chapter 148
of title 10, United States Code, the Secretary of Defense may issue
loan guarantees in support of United States defense exports not
otherwise provided for: Provided, That the total contingent liability
of the United States for guarantees issued under the authority of this
section may not exceed $15,000,000,000: Provided further, That the
exposure fees charged and collected by the Secretary for each
guarantee, shall be paid by the country involved and shall not be
financed as part of a loan guaranteed by the United States: Provided
further, That the Secretary shall provide quarterly reports to the
Committees on Appropriations, Armed Services, and 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 administrative fees and deposited to the special account provided
for under section 2540c(d) of title 10, shall be available for paying
the costs of administrative expenses of the Department of Defense that
are attributable to the loan guarantee program under subchapter VI of
chapter 148 of title 10, United States Code.
Sec. 8070. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense for costs of any amount paid
by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
Sec. 8071. (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 Johnston Atoll
for the purpose of storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition or agent of the United States
found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection (a)
during a period of war in which the United States is a party.
Sec. 8072. None of the funds provided in title II of this Act for
``Former Soviet Union Threat Reduction'' may be obligated or expended
to finance housing for any individual who was a member of the military
forces of the Soviet Union or for any individual who is or was a member
of the military forces of the Russian Federation.
(including transfer of funds)
Sec. 8073. During the current fiscal year, no more than $30,000,000
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 pursuant to section 2012 of title 10, United
States Code.
Sec. 8074. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior year,
and the 1 percent limitation shall apply to the total amount of the
appropriation.
Sec. 8075. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
(transfer of funds)
Sec. 8076. 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 further, That the
amounts shall be transferred between the following appropriations in
the amount specified:
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2002'':
SSN-21 attack submarine program,
$74,000,000;
To:
Under the heading, ``Research, Development, Test
and Evaluation, Navy, 2001/2002'':
For SSN-21 development, $74,000,000.
Sec. 8077. The Under Secretary of Defense (Comptroller) shall
submit to the congressional defense committees by February 1, 2001, a
detailed report identifying, by amount and by separate budget activity,
activity group, subactivity group, line item, program element, program,
project, subproject, and activity, any activity for which the fiscal
year 2002 budget request was reduced because the Congress appropriated
funds above the President's budget request for that specific activity
for fiscal year 2001.
Sec. 8078. Funds appropriated in title II of this Act and for the
Defense Health Program in title VI of this Act for supervision and
administration costs for facilities maintenance and repair, minor
construction, or design projects may be obligated at the time the
reimbursable order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and administration
costs includes all in-house Government cost.
Sec. 8079. During the current fiscal year, the Secretary of Defense
may waive reimbursement of the cost of conferences, seminars, 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 shall be paid from
appropriations available for the Asia-Pacific Center.
Sec. 8080. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8081. Using funds available by this Act or any other Act, the
Secretary of the Air Force, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished heat may be obtained from private,
regional or municipal services, if provisions are included for the
consideration of United States coal as an energy source.
Sec. 8082. Notwithstanding 31 U.S.C. 3902, during the current
fiscal year, interest penalties may be paid by the Department of
Defense from funds financing the operation of the military department
or defense agency with which the invoice or contract payment is
associated.
(rescissions)
Sec. 8083. Of the funds provided in the Department of Defense
Appropriations Act, 1999 (Public Law 105-262), $319,688,000, to reflect
savings from revised economic assumptions, is hereby rescinded as of
the date of the enactment of this Act, or October 1, 2000, whichever is
later, from the following accounts in the specified amounts:
``Aircraft Procurement, Army'', $7,000,000;
``Missile Procurement, Army'', $6,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', $7,000,000;
``Procurement of Ammunition, Army'', $5,000,000;
``Other Procurement, Army'', $16,000,000;
``Aircraft Procurement, Navy'', $24,125,000;
``Weapons Procurement, Navy'', $3,853,000;
``Procurement of Ammunition, Navy and Marine Corps'',
$1,463,000;
``Shipbuilding and Conversion, Navy'', $19,644,000;
``Other Procurement, Navy'', $12,032,000;
``Procurement, Marine Corps'', $3,623,000;
``Aircraft Procurement, Air Force'', $32,743,000;
``Missile Procurement, Air Force'', $5,500,000;
``Procurement of Ammunition, Air Force'', $1,232,000;
``Other Procurement, Air Force'', $19,902,000;
``Procurement, Defense-Wide'', $6,683,000;
``Chemical Agents and Munitions Destruction, Army'',
$1,103,000;
``Defense Health Program'', $808,000;
``Research, Development, Test and Evaluation, Army'',
$20,592,000;
``Research, Development, Test and Evaluation, Navy'',
$35,621,000;
``Research, Development, Test and Evaluation, Air Force'',
$53,467,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', $36,297,000:
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. 8084. The budget of the President for fiscal year 2002
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, and each annual budget request thereafter, shall include
budget activity groups (known as ``subactivities'') in all
appropriations accounts provided in this Act, as may be necessary, to
separately identify all costs incurred by the Department of Defense to
support the North Atlantic Treaty Organization and all Partnership For
Peace programs and initiatives. The budget justification materials
submitted to the Congress in support of the budget of the Department of
Defense for fiscal year 2002, and subsequent fiscal years, shall
provide complete, detailed estimates for all such costs.
Sec. 8085. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(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 waiver 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 Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8086. 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 Corporation's
counterdrug program, including its demand reduction program involving
youth programs, as well as operational and training drug reconnaissance
missions for Federal, State, and local government agencies; for
administrative costs, including the hiring of Civil Air Patrol
Corporation employees; for travel and per diem expenses of Civil Air
Patrol Corporation personnel in support of those missions; and for
equipment needed for mission support or performance: Provided, 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. 8087. Notwithstanding any other provision of law, the TRICARE
managed care support contracts in effect, or in final stages of
acquisition as of September 30, 2000, may be extended for 2 years:
Provided, That any such extension may only take place if the Secretary
of 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 Government: 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, 2000, may
include a base contract period for transition and up to seven 1-year
option periods.
Sec. 8088. (a) Prohibition.--None of the funds made available by
this Act may be used to support any training program involving a unit
of the security forces of a foreign country if the Secretary of Defense
has received credible information from the Department of State that the
unit has committed a gross violation of human rights, unless all
necessary 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 available to the Department of
State relating to human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation 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 any waiver
under subsection (c), the Secretary of Defense shall submit a report to
the congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8089. The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program to
distribute surplus dental equipment of the Department 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(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
Sec. 8090. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $56,200,000
to reflect savings from the pay of civilian personnel, to be
distributed as follows:
``Operation and Maintenance, Army'', $4,600,000;
``Operation and Maintenance, Navy'', $49,600,000; and
``Operation and Maintenance, Defense-Wide'', $2,000,000.
Sec. 8091. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $769,700,000
to reflect savings from favorable foreign currency fluctuations, to be
distributed as follows:
``Military Personnel, Army'', $60,500,000;
``Military Personnel, Navy'', $32,000,000;
``Military Personnel, Marine Corps'', $9,700,000;
``Military Personnel, Air Force'', $53,000,000;
``Operation and Maintenance, Army'', $292,100,000;
``Operation and Maintenance, Navy'', $105,100,000;
``Operation and Maintenance, Marine Corps'', $25,800,000;
``Operation and Maintenance, Air Force,'' $157,600,000;
``Operation and Maintenance, Defense-Wide'', $27,200,000;
and
``Defense Health Program'', $6,700,000.
Sec. 8092. None of the funds appropriated or made available in this
Act to the Department of the Navy shall be used to develop, lease or
procure the ADC(X) class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire
capability for national security purposes or there exists a significant
cost or quality difference.
Sec. 8093. Of the funds made available in this Act, not less than
$65,200,000 shall be available to maintain an attrition reserve force
of 18 B-52 aircraft, of which $3,200,000 shall be available from
``Military Personnel, Air Force'', $36,900,000 shall be available from
``Operation and Maintenance, Air Force'', and $25,100,000 shall be
available from ``Aircraft Procurement, Air Force'': Provided, That the
Secretary of the Air Force shall maintain a total force of 94 B-52
aircraft, including 18 attrition reserve aircraft, during fiscal year
2001: Provided further, That the Secretary of Defense shall include in
the Air Force budget request for fiscal year 2002 amounts sufficient to
maintain a B-52 force totaling 94 aircraft.
Sec. 8094. The budget of the President for fiscal year 2001
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, and each annual budget request thereafter, shall include
separate budget justification documents for costs of United States
Armed Forces' participation in contingency operations for the Military
Personnel accounts, the Overseas Contingency Operations Transfer Fund,
the Operation and Maintenance accounts, and the Procurement accounts:
Provided, That these budget justification documents shall include a
description of the funding requested for each anticipated contingency
operation, for each military service, to include active duty and Guard
and Reserve components, and for each appropriation account: Provided
further, That these documents shall 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 estimates of the major weapons systems
deployed in support of each contingency.
Sec. 8095. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8096. Notwithstanding any other provision of law, for the
purpose of establishing all Department of Defense policies governing
the provision of care provided by and financed under the military
health care system's case management program under 10 U.S.C.
1079(a)(17), the term ``custodial care'' shall be defined as care
designed essentially to assist an individual in meeting the activities
of daily living and which does not require the supervision of trained
medical, nursing, paramedical or other specially trained individuals:
Provided, That the case management program shall provide that members
and retired members of the military services, and their dependents and
survivors, have access to all medically necessary health care through
the health care delivery system of the military services regardless of
the health care status of the person seeking the health care: Provided
further, That the case management program shall be the primary obligor
for 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. 8097. During the current fiscal year--
(1) refunds attributable to the use of the Government
travel card and refunds attributable to official Government
travel arranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance accounts
of the Department of Defense which are current when the refunds
are received; and
(2) refunds attributable to the use of the Government
Purchase Card by military personnel and civilian 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.
Sec. 8098. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
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 national security interest to do so.
Sec. 8099. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary-tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8100. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration that otherwise would be required under 10
U.S.C. 2667, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in 32 U.S.C.
508(d), or any other youth, social, or fraternal 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. 8101. 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 delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8102. Of the funds made available under the heading
``Operation and Maintenance, Air Force'', $10,000,000 shall be
transferred to the Department of Transportation to enable the Secretary
of Transportation to realign railroad track on Elmendorf Air Force Base
and Fort Richardson.
Sec. 8103. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department
of Defense that procures malt beverages and wine with nonappropriated
funds for resale (including such alcoholic beverages sold by the drink)
on a military installation located in the United States unless such
malt beverages and wine are procured within that State, or in the case
of the District of Columbia, within the District of Columbia, in which
the military installation is located: Provided, That in a case in which
the military installation is located in more than one State, purchases
may be made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt beverages
and wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another State:
Provided further, That alcoholic beverages other than wine and malt
beverages, in contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other factors
considered.
Sec. 8104. During the current fiscal year, under regulations
prescribed by the Secretary of Defense, the Center of Excellence for
Disaster Management and Humanitarian Assistance may also pay, or
authorize payment for, the expenses of providing or facilitating
education and training for appropriate military and civilian personnel
of foreign countries in disaster management, peace operations, and
humanitarian assistance: Provided, That not later than April 1, 2001,
the Secretary of Defense shall submit to the congressional defense
committees a report regarding the training of foreign personnel
conducted under this authority during the preceding fiscal year for
which expenses were paid under the section: Provided further, That the
report shall specify the countries in which the training was conducted,
the type of training conducted, and the foreign personnel trained.
Sec. 8105. (a) The Department of Defense is authorized to enter
into agreements with the Veterans Administration and federally-funded
health agencies providing services to Native Hawaiians for the purpose
of establishing a partnership similar to the Alaska Federal Health Care
Partnership, in order to maximize Federal resources in the provision of
health care services by federally-funded health agencies, applying
telemedicine technologies. For the purpose of this partnership, Native
Hawaiians shall have the same status as other Native Americans who are
eligible for the health care services provided by the Indian Health
Service.
(b) The Department of Defense is authorized to develop a
consultation policy, consistent with Executive Order No. 13084 (issued
May 14, 1998), with Native Hawaiians for the purpose of assuring
maximum Native Hawaiian participation in the direction and
administration of governmental services so as to render those services
more responsive to the needs of the Native Hawaiian community.
(c) For purposes of this section, the term ``Native Hawaiian''
means any individual who is a descendant of the aboriginal people who,
prior to 1778, occupied and exercised sovereignty in the area that now
comprises the State of Hawaii.
Sec. 8106. 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. 8107. In addition to the amounts provided elsewhere in this
Act, the amount of $10,000,000 is hereby appropriated for ``Operation
and Maintenance, Defense-Wide'', to be available, notwithstanding any
other provision of law, only for a grant to the United Service
Organizations Incorporated, a federally chartered corporation 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. 8108. Of the funds made available in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', up to $5,000,000
shall be available to provide assistance, by grant or otherwise, to
public school systems that have unusually high concentrations of
special needs military dependents enrolled: Provided, That in selecting
school systems to receive such assistance, special consideration shall
be given to school systems in States that are considered overseas
assignments.
Sec. 8109. (a) In General.--Notwithstanding any other provision of
law, the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States of
North Dakota, South Dakota, Montana, and Minnesota relocatable military
housing units located at Grand Forks Air Force Base and Minot Air Force
Base that are excess to the needs of the Air Force.
(b) Processing of Requests.--The Secretary of the Air Force shall
convey, at no cost to the Air Force, military housing units under
subsection (a) in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of North Dakota, South
Dakota, Montana, and Minnesota.
(c) Resolution of Housing Unit Conflicts.--The Operation Walking
Shield program shall resolve any conflicts among request of Indian
tribes for housing units under subsection (a) before submitting
requests to the Secretary of the Air Force under paragraph (b).
(d) Indian Tribe Defined.--In this section, the term ``Indian
tribe'' means any recognized Indian tribe included on the current list
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-1).
Sec. 8110. Of the amounts appropriated in the Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'',
$85,849,000 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. 8111. The Secretary of Defense shall fully identify and
determine the validity of healthcare contract additional liabilities,
requests for equitable adjustment, and 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 during the Department's
planning, programming and budgeting process: Provided further, That not
later than March 1, 2001, the Secretary of Defense shall submit a
report to the congressional defense committees 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 otherwise would not have been adjudicated in favor
of the claimant.
Sec. 8112. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite and ground
control segments of such system's modernization program.
Sec. 8113. Of the amounts appropriated in this Act under the
heading, ``Operation and Maintenance, Defense-Wide,'' $115,000,000
shall remain available until expended: Provided, That notwithstanding
any other provision of law, the Secretary of Defense is authorized to
transfer such funds to other activities of the Federal Government.
Sec. 8114. Operational Support Aircraft Leasing Authority. (a) The
Secretary of the Army and the Secretary of the Navy may establish a
multi-year pilot program for leasing aircraft for utility and
operational support airlift purposes on such terms and conditions as
the respective Secretaries may deem appropriate, 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 program authorized by this section:
(1) The Secretary of the Army and the Secretary of the Navy
may include terms and 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 a
service Secretary enters under this section shall not exceed 10
years.
(3) The Secretary of the Army and the Secretary of the Navy
may provide for special payments to a lessor if either the
respective Secretary terminates or cancels 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 payment under the lease. The amount of special
payments shall be subject to negotiation between the Army or
Navy and lessors.
(4) Notwithstanding any other provision of law, any
payments required under a lease under this section, and any
payments made pursuant 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 payment is
due; and
(C) funds appropriated for those payments.
(5) The Secretary of the Army and the Secretary of the Navy
may lease aircraft, on such terms and conditions as they may
deem appropriate, consistent with this section, through an
operating lease consistent with OMB Circular A-11.
(6) The Secretary of the Army and the Secretary of the Navy
may exchange or sell existing aircraft and apply the exchange
allowance or sale proceeds in whole or in part toward the cost
of leasing replacement aircraft under this section.
(7) 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 Army and the
Secretary of the Navy by this section is separate from and in addition
to, and shall not be construed to impair or otherwise affect, the
authority of the respective Secretaries to procure transportation or
enter into leases under a provision of law other than this section.
(e) The authority provided under this section may be used to lease
not more than a total of three (3) Army aircraft, three (3) Navy
aircraft, and three (3) Marine Corps aircraft for the purposes of
providing operational support.
Sec. 8115. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act under Title IV for the Ballistic
Missile Defense Organization (BMDO) is hereby reduced by $26,154,000 to
reflect a reduction in system engineering, program management, and
other support costs.
Sec. 8116. The Ballistic Missile Defense Organization and its
subordinate offices and associated contractors, including the Lead
Systems Integrator, shall notify the congressional defense committees
30 days prior to issuing any type of information or proposal
solicitation under the NMD program.
Sec. 8117. Up to $3,000,000 of the funds appropriated under the
heading, ``Operation and Maintenance, Navy'' in this Act for the
Pacific Missile Range Facility may be made available to contract for
the repair, maintenance, and operation of adjacent off-base water,
drainage, and flood control systems critical to base operations.
Sec. 8118. In addition to amounts appropriated elsewhere in the
Act, $20,000,000 is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make a grant in the
amount of $20,000,000 to the National Center for the Preservation of
Democracy.
Sec. 8119. Of the funds made available under the heading
``Operation and Maintenance, Air Force'', not less than $7,000,000
shall be made available by grant or otherwise, to the North Slope
Borough, to provide assistance for health care, monitoring and related
issues associated with research conducted from 1955 to 1957 by the
former Arctic Aeromedical Laboratory.
Sec. 8120. None of the funds appropriated in this Act under the
heading ``Overseas Contingency Operations Transfer Fund'' may be
transferred or obligated for expenses not directly related to the
conduct of overseas contingencies: Provided, That the Secretary of
Defense shall submit a report no later than thirty days after the end
of each fiscal quarter to the Committees on Appropriations of the
Senate and House of Representatives that details any transfer of funds
from the ``Overseas Contingency Operations Transfer Fund'': Provided
further, That the report shall explain any transfer for the maintenance
of real property, pay of civilian personnel, base operations support,
and weapon, vehicle or equipment maintenance.
Sec. 8121. In addition to amounts made available elsewhere in this
Act, $1,000,000 is hereby appropriated to the Department of Defense to
be available for payment to members of the uniformed services for
reimbursement for mandatory pet quarantines as authorized by law.
Sec. 8122. The Secretary of the Navy may transfer from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary ship cost changes for previous ship construction programs
appropriated in law: Provided, That the Secretary may transfer no more
than $300,000,000 under the authority provided within this section:
Provided further, That the funding transferred shall be available for
the same time period as the appropriation from which transferred:
Provided further, That the Secretary may not transfer any funding until
30 days after the proposed transfer has been reported to the House and
Senate Committees on Appropriations: Provided further, That the
transfer authority provided within this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8123. In addition to amounts appropriated elsewhere in the
Act, $2,100,000 is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make a grant in the
amount of $2,100,000 to the National D-Day Museum.
Sec. 8124. In addition to amounts appropriated elsewhere in this
Act, $5,000,000 is hereby appropriated to the Department of Defense:
Provided, That the Secretary of the Army shall make available a grant
of $5,000,000 only to the Chicago Public Schools for conversion and
expansion of the former Eighth Regiment National Guard Armory
(Bronzeville).
Sec. 8125. In addition to the amounts provided elsewhere in this
Act, the amount of $10,000,000 is hereby appropriated for ``Operation
and Maintenance, Navy'', to accelerate the disposal and scrapping of
ships of the Navy Inactive Fleet and Maritime Administration National
Defense Reserve Fleet: Provided, That the Secretary of the Navy and the
Secretary of Transportation shall develop criteria for selecting ships
for scrapping or disposal based on their potential for causing
pollution, creating an environmental hazard and cost of storage:
Provided further, That the Secretary of the Navy and the Secretary of
Transportation shall report to the congressional defense committees no
later than June 1, 2001 regarding the total number of vessels currently
designated for scrapping, and the schedule and costs for scrapping
these vessels.
This Act may be cited as the ``Department of Defense Appropriations
Act, 2001''.
Calendar No. 563
106th CONGRESS
2d Session
S. 2593
[Report No. 106-298]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2001, and for other purposes.
_______________________________________________________________________
May 18, 2000
Read twice and placed on the calendar