[House Report 106-754]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-754
======================================================================
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES
_______
July 17, 2000.--Ordered to be printed
_______
Mr. Lewis of California, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany H.R. 4576]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4576) ``making appropriations for the Department of Defense for
the fiscal year ending September 30, 2001, and for other
purposes'', having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
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, $22,175,357,000.
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, $17,772,297,000.
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, $6,833,100,000.
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, $18,174,284,000.
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, $2,473,001,000.
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, $1,576,174,000.
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,
$448,886,000.
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, $971,024,000.
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, $3,782,536,000.
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, $1,641,081,000.
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, $19,144,431,000 and, in addition, $50,000,000 shall
be derived by transfer from the National Defense Stockpile
Transaction Fund: Provided, That of the funds made available
under this heading, $5,000,000, to remain available until
expended, shall be transferred to ``National Park Service--
Construction'' within 30 days of enactment of this Act, only
for necessary infrastructure repair improvements at Fort Baker,
under the management of the Golden Gate Recreation Area:
Provided further, That of the funds 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, $23,419,360,000 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, $2,778,758,000.
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, $22,383,521,000 and, in addition,
$50,000,000, shall be derived by transfer from the National
Defense Stockpile Transaction Fund: Provided, That
notwithstanding any other provision of law, that of the funds
available under this heading, $500,000 shall only be available
to the Secretary of the Air Force for a grant to Florida
Memorial College for the purpose of funding minority aviation
training.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as
authorized by law, $11,844,480,000, 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: Provided, That of the amount provided under
this heading, $5,000,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance, procurement,
and research, development, test and evaluation appropriations
accounts, to be merged with and to be available for the same
time period as the appropriations to which transferred:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided in this Act.
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,
$1,562,118,000.
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,
$978,946,000.
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, $145,959,000.
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, $1,903,659,000.
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), $3,333,835,000.
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,
$3,474,375,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency
Operations by United States military forces, $3,938,777,000, 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; procurement accounts;
research, development, test and evaluation accounts; 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 Court 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, $443,400,000, 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.
Quality of Life Enhancements, Defense
For expenses, not otherwise provided for, resulting from
unfunded shortfalls in the repair and maintenance of real
property of the Department of Defense (including military
housing and barracks), $160,500,000, for the maintenance of
real property of the Department of Defense (including minor
construction and major maintenance and repair), which shall
remain available for obligation until September 30, 2002, as
follows:
Army, $100,000,000;
Navy, $20,000,000;
Marine Corps, $10,000,000;
Air Force, $20,000,000; and
Defense-Wide, $10,500,000:
Provided, That notwithstanding any other provision of law, of
the funds appropriated under this heading for Defense-Wide
activities, the entire amount shall only be available for
grants by the Secretary of Defense to local educational
authorities which maintain primary and secondary educational
facilities located within Department of Defense installations,
and which are used primarily by Department of Defense military
and civilian dependents, for facility repairs and improvements
to such educational facilities: Provided further, That such
grants to local educational authorities may be made for repairs
and improvements to such educational facilities as required to
meet classroom size requirements: Provided further, That the
cumulative amount of any grant or grants to any single local
education authority provided pursuant to the provisions under
this heading shall not exceed $1,500,000.
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, $1,571,812,000, to remain
available for obligation until September 30, 2003: Provided,
That of the $189,601,000 appropriated under this heading for
the procurement of UH-60 helicopters, $78,520,000 shall be
available only for the procurement of eight such aircraft to be
provided to the Army Reserve.
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, $1,320,681,000, 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, $2,472,524,000, 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, $1,220,516,000, 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, $4,497,009,000, 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, $8,477,138,000, 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, $1,461,600,000, 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, $498,349,000, 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, $1,198,012,000;
NSSN (AP), $508,222,000;
CVN Refuelings, $698,441,000;
CVN Refuelings (AP), $25,000,000;
Submarine Refuelings, $210,414,000;
Submarine Refuelings (AP), $72,277,000;
DDG-51 destroyer program, $2,703,559,000;
DDG-51 destroyer program (AP), $456,843,000;
LPD-17 (AP), $560,700,000;
LHD-8, $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,
$291,077,000;
In all: $11,614,633,000, 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 a contract for an LHD-1 Amphibious
Assault Ship which shall be funded on an incremental basis:
Provided further, That the amount made available for the LPD-17
program may be obligated for expenditure for the procurement of
contractor furnished and government furnished material and
equipment, and necessary advance construction activities.
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, $3,557,380,000, 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, $1,233,268,000,
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, $7,583,345,000, 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, $2,863,778,000, 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, $647,808,000, 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, $7,763,747,000, to remain available
for obligation until September 30, 2003.
Procurement, Defense-Wide
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, $2,346,258,000, to remain available
for obligation until September 30, 2003.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $3,000,000
only for microwave power tubes and the wireless vibration
sensor supplier initiative and to remain available until
expended.
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, $100,000,000, 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, $6,342,552,000, 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, $9,494,374,000, 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, $14,138,244,000, 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, $11,157,375,000, to remain available for
obligation until Septem-
ber 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,
$227,060,000, 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), $400,658,000, 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
(including transfer of funds)
For National Defense Airlift Fund programs, projects, and
activities, $2,840,923,000, 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 Title 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, $12,117,779,000, of which $11,414,393,000
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
$413,380,000, 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, Army
For expenses, not otherwise provided for, necessary for
the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with the provisions
of section 1412 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, $980,100,000, of which $600,000,000 shall be for
Operation and maintenance to remain available until September
30, 2002, $105,700,000 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: Provided further, That the amount
available under Operation and maintenance shall also be
available for the conveyance, without consideration, of the
Emergency One Cyclone II Custom Pumper truck subject to Army
Loan DAAMO1-98-L-0001 to the Umatilla Indian Tribe, the current
lessee.
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, $869,000,000: 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
other 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 Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central Intelligence
Agency Retirement and Disability System, $216,000,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community
Management Account, $148,631,000, of which $22,577,000 for the
Advanced Research and Development Committee shall remain
available until September 30, 2002: Provided, That of the funds
appropriated under this heading, $34,100,000 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, 2003, and $1,000,000 for Research, development,
test and evaluation shall remain available until September 30,
2002: Provided further, That the National Drug Intelligence
Center shall maintain the personnel and technical resources to
provide timely support to law enforcement authorities to
conduct document exploitation of materials collected in
federal, state, and local law enforcement activity.
Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Fund
For payment to Kaho'olawe Island Conveyance, Remediation,
and Environmental Restoration Fund, as authorized by law,
$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
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 in advance to the congressional
defense committees.
Sec. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any 1 year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any 1 year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That no
part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically provided
in this Act: Provided 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:
Javelin missile; M2A3 Bradley fighting vehicle;
DDG-51 destroyer; 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 ownership by
an Indian tribe, as defined in section 450b(e) of title 25,
United States Code, or a Native Hawaiian organization, as
defined in section 637(a)(15) of title 15, United States Code.
(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 a subcontractor at any
tier shall be considered a contractor for the purposes of being
allowed additional compensation under 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.
(including transfer of funds)
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 2002
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8045. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds 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. None of the funds appropriated in this Act may
be used to fill the commander's position at any military
medical facility with a health care professional unless the
prospective candidate can demonstrate professional
administrative skills.
Sec. 8050. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year 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. 8051. 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. 8052. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed
Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity
if the member or employee's place of duty remains at
the location of that 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. 8053. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2001 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2001.
Sec. 8054. Notwithstanding section 303 of Public Law 96-487
or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air
Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for
commercial, 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. 8055. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded
as of the date of enactment of this Act, or October 1, 2000,
whichever is later, from the following accounts in the
specified amounts:
``Aircraft Procurement, Army, 2000/2002'',
$7,000,000;
``Missile Procurement, Army, 2000/2002'',
$6,000,000;
``Procurement of Weapons and Tracked Combat
Vehicles, Army, 2000/2002'', $7,000,000;
``Procurement of Ammunition, Army, 2000/2002'',
$5,000,000;
``Other Procurement, Army, 2000/2002'',
$16,000,000;
``Aircraft Procurement, Navy, 2000/2002'',
$24,125,000;
``Weapons Procurement, Navy, 2000/2002'',
$3,853,000;
``Procurement of Ammunition, Navy and Marine Corps,
2000/2002'', $1,463,000;
``Shipbuilding and Conversion, Navy, 2000/2004'',
$19,644,000;
``Other Procurement, Navy, 2000/2002'',
$12,032,000;
``Procurement, Marine Corps, 2000/2002'',
$3,623,000;
``Aircraft Procurement, Air Force, 2000/2002'',
$32,743,000;
``Missile Procurement, Air Force, 2000/2002'',
$5,500,000;
``Procurement of Ammunition, Air Force, 2000/
2002'', $1,232,000;
``Other Procurement, Air Force, 2000/2002'',
$19,902,000;
``Procurement, Defense-Wide, 2000/2002'',
$6,683,000;
``Research, Development, Test and Evaluation, Army,
2000/2001'', $20,592,000;
``Research, Development, Test and Evaluation, Navy,
2000/2001'', $35,621,000;
``Research, Development, Test and Evaluation, Air
Force, 2000/2001'', $53,467,000;
``Research, Development, Test and Evaluation,
Defense-Wide, 2000/2001'', $36,297,000;
``Defense Health Program, 2000/2002'', $808,000;
and
``Chemical Agents and Munitions Destruction, Army,
2000/2002'', $1,103,000:
Provided, That these reductions shall be applied proportionally
to each budget activity, activity group and subactivity group
and each program, project and activity within each
appropriation account: Provided further, That such
proportionate reduction shall not be applied to any funds that
will not remain available for obligation beyond fiscal year
2000: Provided further, That the following additional amounts
are hereby rescinded as of the date of enactment of this Act,
or October 1, 2000, whichever is later, from the following
accounts in the specified amounts:
``Other Procurement, Army, 1999/2001'', $3,000,000;
``Aircraft Procurement, Air Force, 1999/2001'',
$12,300,000;
``Other Procurement, Air Force, 1999/2001'', $8,000,000;
``Procurement of Weapons and Tracked Combat
Vehicles, Army, 2000/2002'', $23,000,000;
``Other Procurement, Army, 2000/2002'',
$29,300,000;
``Aircraft Procurement, Navy, 2000/2002'',
$6,500,000;
``Aircraft Procurement, Air Force, 2000/2002'',
$24,000,000;
``Missile Procurement, Air Force, 2000/2002'',
$36,192,000;
``Other Procurement, Air Force, 2000/2002'', $20,000,000;
``Research, Development, Test and Evaluation, Army,
2000/2001'', $22,000,000;
``Research, Development, Test and Evaluation, Air
Force, 2000/2001'', $30,000,000; and
``Reserve Mobilization Income Insurance Fund'',
$13,000,000.
Sec. 8056. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian)
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. 8057. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of North Korea
unless specifically appropriated for that purpose.
Sec. 8058. During the current fiscal year, funds
appropriated in this Act are available to compensate members of
the National Guard for duty performed pursuant to a plan
submitted by a 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. 8059. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and
Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the
activities and programs included within the National Foreign
Intelligence Program (NFIP), the Joint Military Intelligence
Program (JMIP), and the Tactical Intelligence and Related
Activities (TIARA) aggregate: Provided, That nothing in this
section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
Sec. 8060. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2000
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
(including transfer of funds)
Sec. 8061. None of the funds appropriated in this Act may
be transferred to or obligated from the Pentagon Reservation
Maintenance Revolving Fund, unless the Secretary of Defense
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. 8062. (a) None of the funds available to the
Department of Defense for any fiscal year for drug interdiction
or counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.
(transfer of funds)
Sec. 8063. Appropriations available in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' for
increasing energy and water efficiency in Federal buildings
may, during their period of availability, be transferred to
other appropriations or funds of the Department of Defense for
projects related to increasing energy and water efficiency, to
be merged with and to be available for the same general
purposes, and for the same time period, as the appropriation or
fund to which transferred.
Sec. 8064. None of the funds appropriated in fiscal year
2000 and by this Act may be used for the procurement of vessel
propellers and ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided,
That the Secretary of the military department responsible for
such procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on
Appropriations of the House of 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 this
restriction shall not apply to the purchase of ``commercial
items'', as defined by section 4(12) of the Office of Federal
Procurement Policy Act, except that the restriction shall apply
to ball or roller bearings purchased as end items.
Sec. 8065. Notwithstanding any other provision of law,
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to American Samoa, and
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to the Indian Health
Service when it is in conjunction with a civil-military
project.
Sec. 8066. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security
purposes that is not available from United States
manufacturers.
Sec. 8067. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to
participate in any manufacturing extension program financed by
funds appropriated in this or any other Act.
Sec. 8068. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the
current fiscal year for construction or service performed in
whole or in part in a State (as defined in section 381(d) of
title 10, United States Code) which is not contiguous with
another State and has an unemployment rate in excess of the
national average rate of unemployment as determined by the
Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that
portion of the contract in such State that is not contiguous
with another State, individuals who are residents of such State
and who, in the case of any craft or trade, possess or would be
able to acquire promptly the necessary skills: Provided, That
the Secretary of Defense may waive the requirements of this
section, on a case-by-case basis, in the interest of national
security.
Sec. 8069. During the current fiscal year, the Army shall
use the former George Air Force Base as the airhead for the
National Training Center at Fort Irwin: Provided, That none of
the funds in this Act shall be obligated or expended to
transport Army personnel into Edwards Air Force Base for
training rotations at the National Training Center.
Sec. 8070. (a) Limitation on Transfer of Defense Articles
and Services.--Notwithstanding any other provision of law, none
of the funds available to the Department of Defense for the
current fiscal year may be obligated or expended to transfer to
another nation or an international organization any defense
articles or services (other than intelligence services) for use
in the activities described in subsection (b) unless the
congressional defense 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. 8071. To the extent authorized by subchapter VI of
chapter 148 of title 10, United States Code, the Secretary of
Defense may issue loan guarantees in support of United States
defense exports not otherwise provided for: Provided, That the
total contingent liability of the United States for guarantees
issued under the authority of this section may not exceed
$15,000,000,000: Provided further, That the exposure fees
charged and collected by the 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. 8072. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor to
the employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
Sec. 8073. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or provide
for the transportation of chemical munitions or agents to the
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. 8074. None of the funds provided in title II of this
Act for ``Former Soviet Union Threat Reduction'' may be
obligated or expended to finance housing for any individual who
was a member of the military forces of the Soviet Union or for
any individual who is or was a member of the military forces of
the Russian Federation.
(including transfer of funds)
Sec. 8075. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same
time period as the appropriations to which transferred, to be
used in support of such personnel in connection with support
and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10,
United States Code.
Sec. 8076. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior year, and the 1 percent
limitation shall apply to the total amount of the
appropriation.
Sec. 8077. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for which
the period of availability for obligation has expired or which
has closed under the provisions of section 1552 of title 31,
United States Code, and which has a negative unliquidated or
unexpended 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.
Sec. 8078. The Under Secretary of Defense (Comptroller)
shall submit to the congressional defense committees by
February 1, 2001, a detailed report identifying, by amount and
by separate budget activity, activity group, subactivity group,
line item, program element, program, project, subproject, and
activity, any activity for which the fiscal year 2002 budget
request was reduced because the Congress appropriated funds
above the President's budget request for that specific activity
for fiscal year 2001.
Sec. 8079. Funds appropriated in title II of this Act and
for the Defense Health Program in title VI of this Act for
supervision and administration costs for facilities maintenance
and repair, minor construction, or design projects may be
obligated at the time the reimbursable order is accepted by the
performing activity: Provided, That for the purpose of this
section, supervision and administration costs includes all in-
house Government cost.
Sec. 8080. 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 section shall be paid from
appropriations available for the Asia-Pacific Center.
Sec. 8081. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
Sec. 8082. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That in
the City of Kaiserslautern such agreements will include the use
of United States anthracite as the base load energy for
municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source.
Sec. 8083. Notwithstanding 31 U.S.C. 3902, during the
current fiscal year, interest penalties may be paid by the
Department of Defense from funds financing the operation of the
military department or defense agency with which the invoice or
contract payment is associated.
Sec. 8084. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Foreign
Intelligence Program: Provided further, That the Secretary of
Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the
national security interest to do so.
Sec. 8085. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby reduced by
$800,000,000 to reflect working capital fund cash balance and
rate stabilization adjustments, to be distributed as follows:
``Operation and Maintenance, Army'', $40,794,000;
``Operation and Maintenance, Navy'', $271,856,000;
``Operation and Maintenance, Marine Corps'',
$5,006,000;
``Operation and Maintenance, Air Force'',
$294,209,000;
``Operation and Maintenance, Defense-Wide'',
$10,864,000;
``Operation and Maintenance, Navy Reserve'',
$31,669,000;
``Operation and Maintenance, Marine Corps
Reserve'', $563,000;
``Operation and Maintenance, Air Force Reserve'',
$43,974,000;
``Operation and Maintenance, Army National Guard'',
$15,572,000; and
``Operation and Maintenance, Air National Guard'',
$85,493,000.
Sec. 8086. Notwithstanding any other provision of this Act,
the amounts provided in all appropriation accounts in titles
III and IV of this Act are hereby reduced by 0.7 percent:
Provided, That these reductions shall be applied on a pro-rata
basis to each line item, program element, program, project,
subproject, and activity within each appropriation account:
Provided further, That not later than 60 days after the
enactment of this Act, the Under Secretary of Defense
(Comptroller) shall submit a report to the congressional
defense committees listing the specific funding reductions
allocated to each category listed in the preceding proviso
pursuant to this section.
Sec. 8087. None of the funds made available in this Act may
be used to approve or license the sale of the F-22 advanced
tactical fighter to any foreign government.
Sec. 8088. (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. 8089. 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. 8090. 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. 8091. None of the funds in this Act may be used to
compensate an employee of the Department of Defense who
initiates a new start program without notification to the
Office of the Secretary of Defense, the Office of Management
and Budget, and the congressional defense committees, as
required by Department of Defense financial management
regulations.
Sec. 8092. (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. 8093. 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. 8094. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby reduced by
$856,900,000 to reflect savings from favorable foreign currency
fluctuations, to be distributed as follows:
``Military Personnel, Army'', $177,200,000;
``Military Personnel, Navy'', $53,400,000;
``Military Personnel, Marine Corps'', $14,200,000;
``Military Personnel, Air Force'', $147,600,000;
``Operation and Maintenance, Army'', $272,200,000;
``Operation and Maintenance, Navy'', $47,000,000;
``Operation and Maintenance, Marine Corps'',
$2,200,000;
``Operation and Maintenance, Air Force'',
$96,000,000;
``Operation and Maintenance, Defense-Wide'',
$26,400,000; and
``Defense Health Program'', $20,700,000.
Sec. 8095. 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. 8096. 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. 8097. 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 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:
Provided further, That these documents shall include budget
exhibits OP-5 and OP-32, as defined in the Department of
Defense Financial Management Regulation, for the Overseas
Contingency Operations Transfer Fund for fiscal years 2000 and
2001.
Sec. 8098. 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. 8099. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any
advanced concept technology demonstration project may only be
obligated 30 days after a report, including a description of
the project and its estimated annual and total cost, has been
provided in writing to the congressional defense committees:
Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national
interest to do so.
Sec. 8100. 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. 8101. 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. 8102. (a) Registering Information Technology Systems
With DOD Chief Information Officer.--None of the funds
appropriated in this Act may be used for a mission critical or
mission essential information technology system (including a
system funded by the defense working capital fund) that is not
registered with the Chief Information Officer of the Department
of Defense. A system shall be considered to be registered with
that officer upon the furnishing to that officer of notice of
the system, together with such information concerning the
system as the Secretary of Defense may prescribe. An
information technology system shall be considered a mission
critical or mission essential information technology system as
defined by the Secretary of Defense.
(b) Certifications as to Compliance With Clinger-Cohen
Act.--(1) During the current fiscal year, a major automated
information system may not receive Milestone I approval,
Milestone II approval, or Milestone III approval, or their
equivalent, within the Department of Defense until the Chief
Information Officer certifies, with respect to that milestone,
that the system is being developed in accordance with the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief
Information Officer may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1). Each such notification
shall include, at a minimum, the funding baseline and milestone
schedule for each system covered by such a certification and
confirmation that the following steps have been taken with
respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a
calculation of the return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent
with the Department's Global Information Grid.
(c) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means
the senior official of the Department of Defense
designated by the Secretary of Defense pursuant to
section 3506 of title 44, United States Code.
(2) The term ``information technology system'' has
the meaning given the term ``information technology''
in section 5002 of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401).
(3) The term ``major automated information system''
has the meaning given that term in Department of
Defense Directive 5000.1.
Sec. 8103. 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. 8104. 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. 8105. 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. 8106. 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.
(transfer of funds)
Sec. 8107. 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. 8108. 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. 8109. 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. 8110. (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. 8111. 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. 8112. In addition to the amounts provided elsewhere in
this Act, the amount of $7,500,000 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. 8113. 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. 8114. In addition to the amounts provided elsewhere in
this Act, the amount of $5,000,000 is hereby appropriated for
``Operation and Maintenance, Defense-Wide'', to be available,
notwithstanding any other provision of law, only for a grant to
the High Desert Partnership in Academic Excellence Foundation,
Inc., for the purpose of developing, implementing, and
evaluating a standards and performance based academic model at
schools administered by the Department of Defense Education
Activity.
Sec. 8115. (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
requests 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. 8116. Of the amounts appropriated in the Act under the
heading ``Research, Development, Test and Evaluation, Defense-
Wide'', $51,000,000 shall be available for the purpose of
adjusting the cost-share of the parties under the Agreement
between the Department of Defense and the Ministry of Defence
of Israel for the Arrow Deployability Program.
Sec. 8117. The Secretary of Defense shall fully identify
and determine the validity of health care contract liabilities,
requests for equitable adjustment, and claims for unanticipated
health care 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 health care
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. 8118. 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.
(including transfer of funds)
Sec. 8119. 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. 8120. (a) Report to the Congressional Defense
Committees.--Not later than May 1, 2001, the Secretary of
Defense shall submit to the congressional defense committees a
report on work-related illnesses in the Department of Defense
workforce, including the workforce of Department contractors
and vendors, resulting from exposure to beryllium or beryllium
alloys.
(b) Procedure, Methodology, and Time Periods.--To the
maximum extent practicable, the Secretary shall use the same
procedures, methodology, and time periods in carrying out the
work required to prepare the report under subsection (a) as
those used by the Department of Energy to determine work-
related illnesses in the Department of Energy workforce
associated with exposure to beryllium or beryllium alloys. To
the extent that different procedures, methodology, and time
periods are used, the Secretary shall explain in the report why
those different procedures, methodology, or time periods were
used, why they were appropriate, and how they differ from those
used by the Department of Energy.
(c) Report Elements.--The report shall include the
following:
(1) A description of the precautions used by the
Department of Defense and its contractors and vendors
to protect their current employees from beryllium-
related disease.
(2) Identification of elements of the Department of
Defense and of contractors and vendors to the
Department of Defense that use or have used beryllium
or beryllium alloys in production of products for the
Department of Defense.
(3) The number of employees (or, if an actual
number is not available, an estimate of the number of
employees) employed by each of the Department of
Defense elements identified under paragraph (2) that
are or were exposed during the course of their Defense-
related employment to beryllium, beryllium dust, or
beryllium fumes.
(4) A characterization of the amount, frequency,
and duration of exposure for employees identified under
paragraph (3).
(5) Identification of the actual number of
instances of acute beryllium disease, chronic beryllium
disease, or beryllium sensitization that have been
documented to date among employees of the Department of
Defense and its contractors and vendors.
(6) The estimated cost if the Department of Defense
were to provide workers' compensation benefits
comparable to benefits provided under the Federal
Employees Compensation Act to employees, including
former employees, of Government organizations,
contractors, and vendors who have contracted beryllium-
related diseases.
(7) The Secretary's recommendations on whether
compensation for work-related illnesses in the
Department of Defense workforce, including contractors
and vendors, is justified or recommended.
(8) Legislative proposals, if any, to implement the
Secretary's recommendations under paragraph (7).
Sec. 8121. Of the amounts made available in title II of
this Act for ``Operation and Maintenance, Army'', $1,900,000
shall be available only for the purpose of making a grant to
the San Bernardino County Airports Department for the
installation of a perimeter security fence for that portion of
the Barstow-Daggett Airport, California, which is used as a
heliport for the National Training Center, Fort Irwin,
California, and for installation of other security improvements
at that airport.
Sec. 8122. The Secretary of Defense may during the current
fiscal year and hereafter carry out the activities and exercise
the authorities provided under the demonstration program
authorized by section 9148 of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1941).
Sec. 8123. (a) Not later than 90 days after the date of the
source selection for the Interim Armored Vehicle program (also
referred to as the Family of Medium Armored Vehicles program),
the Secretary of the Army shall submit to the congressional
defense committees a detailed report on that program. The
report shall include the following:
(1) The required research and development cost for
each variant of the Interim Armored Vehicle to be
procured and the total research and development cost
for the program.
(2) The major milestones for the development
program for the Interim Armored Vehicle program.
(3) The production unit cost of each variant of the
Interim Armored Vehicle to be procured.
(4) The total procurement cost of the Interim
Armored Vehicle program.
(b) The Chairman of the Joint Chiefs of Staff shall submit
to the congressional defense committees a report (in both
classified and unclassified versions) on the joint warfighting
requirements to be met by the new medium brigades for the Army.
The report shall describe any adjustments made to operational
plans of the commanders of the unified combatant commands for
use of those brigades. The report shall be submitted at the
time that the President's budget for fiscal year 2002 is
transmitted to Congress.
Sec. 8124. None of the funds made available in this Act or
the Department of Defense Appropriations Act, 2000 (Public Law
106-79) may be used to award a full funding contract for low-
rate initial production for the F-22 aircraft program until--
(1) the first flight of an F-22 aircraft
incorporating Block 3.0 software has been conducted;
(2) the Secretary of Defense certifies to the
congressional defense committees that all Defense
Acquisition Board exit criteria for the award of low-
rate initial production of the aircraft have been met;
and
(3) upon completion of the requirements under (1)
and (2) above, the Director of Operational Test and
Evaluation submits to the congressional defense
committees a report assessing the adequacy of testing
to date to measure and predict performance of F-22
avionics systems, stealth characteristics, and weapons
delivery systems.
Sec. 8125. (a) The total amount expended by the Department
of Defense for the F-22 aircraft program (over all fiscal years
of the life of the program) for engineering and manufacturing
development and for production may not exceed $58,028,200,000.
The amount provided in the preceding sentence shall be adjusted
by the Secretary of the Air Force in the manner provided in
section 217(c) of Public Law 105-85 (111 Stat. 1660). This
section supersedes any limitation previously provided by law on
the amount that may be obligated or expended for engineering
and manufacturing development under the F-22 aircraft program
and any limitation previously provided by law on the amount
that may be obligated or expended for the F-22 production
program.
(b) The provisions of subsection (a) apply during the
current fiscal year and subsequent fiscal years.
Sec. 8126. 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 $14,000,000 to reflect a reduction in system
engineering, program management, and other support costs.
Sec. 8127. The Ballistic Missile Defense Organization and
its subordinate offices and associated contractors, including
the Lead Systems Integrator, shall notify the congressional
defense committees 15 days prior to issuing any type of
information or proposal solicitation under the NMD Program with
a potential annual contract value greater than $5,000,000 or a
total contract value greater than $30,000,000.
Sec. 8128. 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. 8129. In addition to amounts appropriated elsewhere in
this 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 for the renovation of buildings
and for other purposes to assist in carrying out the intent of
50 U.S.C. App. 1989.
Sec. 8130. 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. 8131. None of the funds appropriated in this Act under
the heading ``Overseas Contingency Operations Transfer Fund''
may be transferred or obligated for Department of Defense
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. 8132. 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.
(transfer of funds)
Sec. 8133. The Secretary of the Navy may transfer funds
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 not to exceed $300,000,000 under the
authority provided by 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 funds until 30 days
after the proposed transfer has been reported to the Committees
on Appropriations of the Senate and the House of
Representatives: Provided further, That the transfer authority
provided by this section is in addition to any other transfer
authority contained elsewhere in this Act.
Sec. 8134. In addition to amounts appropriated elsewhere in
this 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. 8135. 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. 8136. 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.
Sec. 8137. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-
111, 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in
fiscal year 2001.
Sec. 8138. Privacy of Individual Medical Records. None of
the funds provided in this Act shall be used to transfer,
release, disclose, or otherwise make available to any
individual or entity outside the Department of Defense for any
non-national security or non-law enforcement purposes an
individual's medical records without the consent of the
individual.
Sec. 8139. Of the amount available under title II under the
heading ``Operation and Maintenance, Defense-Wide'', $1,000,000
shall be available only for continuation of the Middle East
Regional Security Issues program.
Sec. 8140. Of the funds available in title II under the
heading ``Operation and Maintenance, Defense-Wide'',
$20,000,000 may be available for information security
initiatives: Provided, That, of such amount, $5,000,000 is
available for the Institute for Defense Computer Security and
Information Protection of the Department of Defense, and
$15,000,000 is available for the Information Security
Scholarship Program of the Department of Defense.
Sec. 8141. In addition to the amounts appropriated or
otherwise made available in this Act, $5,000,000, to remain
available until September 30, 2001, is hereby appropriated to
the Department of Defense: Provided, That the Secretary of
Defense shall make a grant in the amount of $5,000,000 to the
American Red Cross for Armed Forces Emergency Services.
Sec. 8142. Of the amounts appropriated under title II under
the heading ``Operation and Maintenance, Defense-Wide'',
$2,000,000 may be made available, subject to the enactment of
authorizing legislation, for the Bosque Redondo Memorial in
accordance with the provisions of title II of the bill S. 964
of the 106th Congress, as passed the Senate on November 19,
1999.
Sec. 8143. Of the funds provided within title I of this
Act, such funds as may be necessary shall be available for a
special subsistence allowance for members eligible to receive
food stamp assistance, as authorized by law.
Sec. 8144. Section 8093 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1253) is
amended by striking subsection (d), relating to a prohibition
on the use of Department of Defense funds to procure a nuclear-
capable shipyard crane from a foreign source.
Sec. 8145. Notwithstanding any other provision of law--
(1) from amounts made available for Research,
Development, Test and Evaluation, Air Force in this Act
and the Department of Defense Appropriations Act, 2000
(Public Law 106-79), an aggregate amount of $99,700,000
(less any proportional general reduction required by
law and any reduction required for the Small Business
Innovative Research program) shall be available only
for the B-2 Link 16/Center Instrument Display/In-Flight
Replanner program; and
(2) the Secretary of the Air Force shall not be
required to obligate funds for potential termination
liability in connection with the B-2 Link 16/Center
Instrument Display/In-Flight Replanner program.
Sec. 8146. Notwithstanding any other provision of law, not
less than $233,637,000 of the funds provided in this Act shall
be available only for the Airborne Laser program.
Sec. 8147. (a) In General.--Section 106 of title 38, United
States Code, is amended by adding at the end the following new
subsection:
``(f) Service as a member of the Alaska Territorial Guard
during World War II of any individual who was honorably
discharged therefrom under section 8147 of the Department of
Defense Appropriations Act, 2001, shall be considered active
duty for purposes of all laws administered by the Secretary.''.
(b) Discharge.--(1) The Secretary of Defense shall issue to
each individual who served as a member of the Alaska
Territorial Guard during World War II a discharge from such
service under honorable conditions if the Secretary determines
that the nature and duration of the service of the individual
so warrants.
(2) A discharge under paragraph (1) shall designate the
date of discharge. The date of discharge shall be the date, as
determined by the Secretary, of the termination of service of
the individual concerned as described in that paragraph.
(c) Prohibition on Retroactive Benefits.--No benefits shall
be paid to any individual for any period before the date of the
enactment of this Act by reason of the enactment of this
section.
Sec. 8148. United States-China Security Review Commission.
Subject to authorization, there are hereby appropriated, out of
any funds in the Treasury not otherwise appropriated,
$3,000,000, to remain available until expended, to the United
States-China Security Review Commission for fiscal year 2001 to
carry out its functions.
Sec. 8149. Section 1621 of Public Law 92-204 (43 U.S.C.
1621), the Alaska Native Claims Settlement Act, as amended, is
further amended by inserting at the end the following:
``(m) Licenses Held by Alaska Native Regional
Corporations.--An Alaska Native regional corporation organized
pursuant to the Alaska Native Claims Settlement Act, or an
affiliate thereof, that holds a Federal Communications
Commission license in the personal communications service as of
the date of enactment of this section and has either paid for
such license in full or has complied with the payment schedules
for such license shall be permitted to transfer or assign
without penalty such license to any transferee or assignee. No
economic penalties shall apply to any transfer or assignment
authorized under this section. Any amounts owed to the United
States for the initial grant of such licenses shall become
immediately due and payable upon the consummation of any such
transfer or assignment. Any application for such a transfer or
assignment shall be deemed granted if not denied by the
Commission within 90 days of the date on which it was initially
filed. Any provision of law or regulation to the contrary is
hereby amended.''.
Sec. 8150. For purposes of implementing section 206(b) of
H. Con. Res. 290 (106th Congress), the limits provided in
section 302(a)(3)(A) of the Congressional Budget Act of 1974
shall not apply with respect to fiscal year 2001.
Sec. 8151. (a) Designation.--The consolidated operations
center planned for construction at Redstone Arsenal,
Huntsville, Alabama, to house the Army's Space and Missile
Defense Command and for other purposes, shall be known and
designated as the ``Wernher von Braun Complex''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
complex referred to in subsection (a) shall be deemed to be a
reference to the ``Wernher von Braun Complex''.
Sec. 8152. Of the funds provided in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-
Wide'' for the Pacific Disaster Center, $300,000 shall be made
available for a grant, to be awarded not later than 60 days
after enactment of this Act, to the Circum-Pacific Council for
the Crowding the Rim Summit Initiative.
Sec. 8153. Upon enactment of this Act, the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(1) of Public Law 106-113) is amended under the
heading ``Small Business Administration, Business Loans Program
Account'' in the first paragraph by striking ``Provided, That
of the total provided, $6,000,000 shall be available only for
the cost of guaranteed loans under the New Markets Venture
Capital program and shall become available for obligation only
upon authorization of such program by the enactment of
subsequent legislation in fiscal year 2000:''.
Sec. 8154. In addition to amounts appropriated elsewhere in
this Act, $1,650,000 is hereby appropriated to the Department
of Defense, only for a competitively awarded grant to a medical
research institution for research among persons who served on
active duty in the Southwest Asia theater of operations during
the Persian Gulf War on (1) the possible health effect of
exposure to low levels of hazardous chemicals, including
chemical warfare agents and other substances, and (2) the
individual susceptibility of humans to such exposure under
environmentally controlled conditions.
Sec. 8155. In addition to the amounts appropriated
elsewhere in this Act, $2,000,000, to remain available until
expended, is hereby appropriated to the Department of Defense:
Provided, That notwithstanding any other provision of law, the
Secretary of Defense shall make available a grant of $2,000,000
to the Oakland Military Institute, Oakland, California.
Sec. 8156. In addition to the amounts provided elsewhere in
this Act, the amount of $10,000,000 is hereby appropriated for
``Operation and Maintenance, Army'' and shall be available to
the Secretary of the Army, notwithstanding any other provision
of law, only to be provided as a grant to the City of San
Bernardino, California, contingent on the resolution of the
case City of San Bernardino v. United States, pending as of
July 1, 2000, in the United States District Court for the
Central District of California (C.D. Cal. Case No. CV 96-8867).
Sec. 8157. The Secretary of Defense may transfer, at no
cost, the title/ownership of the alloying material being stored
at the Brownfield site in Bethlehem, Pennsylvania to the
Bethlehem Development Corporation: Provided, That the net
proceeds from the disposition of the materials are only for
redevelopment of the Brownfield site.
Sec. 8158. In addition to amounts provided in this Act,
$2,000,000 is hereby appropriated for ``Defense Health
Program'', to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law,
these funds shall be available only for a grant to the Fisher
House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
Sec. 8159. The Office of Economic Adjustment may amend a
grant awarded in 1998 to the Commonwealth of Pennsylvania for
Industrial Modernization of Philadelphia Shipyard for the
purpose of undertaking community economic adjustment activities
to provide for the acquisition of equipment that would further
the overall purpose of the grant: Provided, That such amendment
shall not increase the grant period or the total amount of the
grant award and shall be deemed, for all purposes, to be within
the scope of the original grant.
Sec. 8160. The appropriation under the heading ``Defense
Reinvestment for Economic Growth'' in the Supplemental
Appropriations Act of 1993 (Public Law 103-50) is amended by
striking ``that date'' and inserting ``December 1, 2004'':
Provided, That the amendment, made by this section shall be
effective as of July 2, 1993.
(including transfer of funds)
Sec. 8161. In addition to the amounts appropriated
elsewhere in this Act, $2,000,000, to remain available until
expended, is hereby appropriated to the Department of Defense:
Provided, That not later than October 15, 2000, the Secretary
of Defense shall transfer these funds to the Department of
Energy appropriation account ``Fossil Energy Research and
Development'', only for a proposed conceptual design study to
examine the feasibility of a zero emissions, steam injection
process with possible applications for increased power
generation efficiency, enhanced oil recovery and carbon
sequestration.
Sec. 8162. Section 104 of the Emergency Supplemental
Appropriations Act, 2000 (in title I, chapter 1, of division B
of Public Law 106-246) is amended to read as follows: after
``Procurement of Weapons and Tracked Combat Vehicles, Army'',
insert the following: ``, to remain available for obligation
until September 30, 2002,''.
Sec. 8163. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby reduced by
$71,367,000, to reduce cost growth in consulting and advisory
services and other contract growth, to be distributed as
follows:
``Operation and Maintenance, Army'', $20,000,000;
``Operation and Maintenance, Navy'', $10,000,000;
``Operation and Maintenance, Marine Corps'',
$367,000; and
``Operation and Maintenance, Air Force'',
$41,000,000.
Sec. 8164. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby reduced by
$92,700,000, to reduce excess funded carryover, to be
distributed as follows:
``Operation and Maintenance, Army'', $40,500,000;
and
``Operation and Maintenance, Air Force'',
$52,200,000.
Sec. 8165. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby reduced by
$159,076,000, to reduce growth in headquarters and
administrative activities, to be distributed as follows:
``Operation and Maintenance, Army'', $56,700,000;
``Operation and Maintenance, Navy'', $12,376,000;
and
``Operation and Maintenance, Air Force'',
$90,000,000.
Sec. 8166. Of the amounts provided in title II of this Act,
the following account is hereby reduced by the specified
amount:
``Overseas Contingency Operations Transfer Fund'',
$1,100,000,000.
TITLE IX
ADDITIONAL FISCAL YEAR 2000 EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
THE DEPARTMENT OF DEFENSE
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, to provide additional
emergency supplemental appropriations for the Department of
Defense for the fiscal year ending September 30, 2000, and for
other purposes, namely:
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for the ``Overseas Contingency
Operations Transfer Fund'', $1,100,000,000, to remain available
until expended: Provided, That the Secretary of Defense may
transfer the funds provided herein only to appropriations for
military personnel; operation and maintenance accounts;
procurement; research, development, test and evaluation; the
Defense Health Program; 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 the transfer authority provided in this paragraph
is in addition to any other transfer authority available to the
Department of Defense: 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 entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted by
the President to the Congress.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. (a) In addition to amounts appropriated or
otherwise made available for the Department of Defense
elsewhere in this Act, the Department of Defense Appropriations
Act, 2000 (Public Law 106-79), and the Emergency Supplemental
Act, 2000 (division B of Public Law 106-246), there is hereby
appropriated to the Department of Defense $679,000,000, as
follows:
(1) For military personnel accounts, to remain
available for obligation until September 30, 2001,
$50,000,000, only for ``Military Personnel, Navy''.
(2) For operation and maintenance accounts, to
remain available for obligation until September 30,
2001, $529,000,000, as follows:
(i) For depot-level maintenance and repair,
$234,000,000, as follows:
``Operation and Maintenance,
Army'', $50,000,000;
``Operation and Maintenance,
Navy'', $162,000,000 (of which
$20,000,000 is for aviation depot
maintenance and $142,000,000 for ship
depot maintenance);
``Operation and Maintenance, Marine
Corps'', $22,000,000.
(ii) For readiness spares kits,
$45,000,000, only for ``Operation and
Maintenance, Air Force''.
(iii) For real property maintenance,
$250,000,000, as follows:
``Operation and Maintenance,
Army'', $70,000,000;
``Operation and Maintenance,
Navy'', $70,000,000;
``Operation and Maintenance, Marine
Corps'', $40,000,000; and
``Operation and Maintenance, Air
Force'', $70,000,000.
(3) For the Defense Health Program, to remain
available for obligation until September 30, 2001,
$100,000,000.
(b) Emergency Designation.--The entire amount made
available in this section--
(1) is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended; and
(2) shall be available only if the President
transmits to the Congress an official budget request
for $679,000,000, which includes designation of the
entire amount of the request as an emergency
requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 9002. Notwithstanding any other provision of this Act,
funds appropriated by this title, or made available by the
transfer of funds in this title, 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).
This Act may be cited as the ``Department of Defense
Appropriations Act, 2001''.
And the Senate agree to the same.
Jerry Lewis,
Bill Young,
Joe Skeen,
Dave Hobson,
Henry Bonilla,
George R. Nethercutt, Jr.,
Ernest J. Istook, Jr.,
Randy ``Duke'' Cunningham,
Jay Dickey,
Rodney Frelinghuysen,
John P. Murtha,
Norman D. Dicks,
Martin Olav Sabo,
Julian C. Dixon,
Peter J. Visclosky,
James P. Moran,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Arlen Specter,
Pete V. Domenici,
Christopher S. Bond,
Mitch McConnell,
Richard C. Shelby,
Judd Gregg,
Kay Bailey Hutchison,
Daniel K. Inouye,
Ernest Hollings,
Robert C. Byrd,
Patrick J. Leahy,
Frank R. Lautenberg,
Tom Harkin,
Byron L. Dorgan,
Richard J. Durbin,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4576), making
appropriations for the Department of Defense for the fiscal
year ending September 30, 2001, and for other purposes, submit
the following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
The conference agreement on the Department of Defense
Appropriations Act, 2001, incorporates some of the provisions
of both the House and Senate versions of the bill. The language
and allocations set forth in House Report 106-644 and Senate
Report 106-298 should be complied with unless specifically
addressed in the accompanying bill and statement of the
managers to the contrary.
Senate Amendment: The Senate deleted the entire House
bill after the enacting clause and inserted the Senate bill.
The conference agreement includes a revised bill.
Definition of Program, Project, and Activity
The conferees agree that for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177) as amended by the Balanced Budget and Emergency Deficit
Control Reaffirmation Act of 1987 (Public Law 100-119) and by
the Budget Enforcement Act of 1990 (Public Law 101-508), the
term program, project, and activity for appropriations
contained in this Act shall be defined as the most specific
level of budget items identified in the Department of Defense
Appropriations Act, 2001, the accompanying House and Senate
Committee reports, the conference report and accompanying joint
explanatory statement of the managers of the Committee of
Conference, the related classified annexes and reports, and the
P-1 and R-1 budget justification documents as subsequently
modified by Congressional action. The following exception to
the above definition shall apply:
For the Military Personnel and the Operation and
Maintenance accounts, the term ``program, project, and
activity'' is defined as the appropriations accounts contained
in the Department of Defense Appropriations Act. At the time
the President submits his budget for fiscal year 2002, the
conferees direct the Department of Defense to transmit to the
congressional defense committees budget justification documents
to be known as the ``M-1'' and ``O-1'' which shall identify, at
the budget activity, activity group, and subactivity group
level, the amounts requested by the President to be
appropriated to the Department of Defense for operation and
maintenance in any budget request, or amended budget request,
for fiscal year 2002.
congressional special interest items
The conferees direct that projects for which funds are
provided as indicated in the tables or paragraphs of the
Conference Report in any appropriation account are special
interest items for the purpose of preparation of the DD Form
1414. The conferees also direct that the funding adjustments
outlined in the tables shall be provided only for the specific
purposes outlined in the table.
items addressed in supplemental acts
The recently passed Military Construction Appropriations
Act, 2001 (Public Law 106-246), included the Emergency
Supplemental Act, 2000 for the Department of Defense. This
Supplemental addressed shortfalls in military personnel,
recruiting, advertising, and retention by providing a total of
$130,400,000 in the Military Personnel accounts, and
$73,000,000 in the Operation and Maintenance accounts. In this
Act, the conferees have agreed to include a total of
$50,000,000 for ``Military Personnel, Navy'', also designated
as emergency supplemental appropriations in Title IX of this
Act.
personnel underexecution savings
The conferees recommended a total reduction of
$243,800,000 to the Active Military Personnel accounts due to
lower than budgeted fiscal year 2000 end strengths, and
differences in the actual grade mix of officers and enlisted
recommended in the budget request. The General Accounting
Office estimates that the active components will have
approximately 3,500 fewer personnel on board to begin fiscal
year 2001, and as a result, the fiscal year 2001 pay and
allowances requirements for personnel are incorrect and the
budgets overstated.
ADDITIONAL READINESS FUNDING TO ADDRESS SERVICE SHORTFALLS
The conferees note that, in addition to the funding
recommended in title II of this Act, the conference agreement
includes additional fiscal year 2000 emergency supplemental
appropriations in title IX, reflecting critical readiness
shortfalls identified by the Chiefs of the Military Departments
and addressed by the House during its consideration of H.R.
1398 (Emergency Supplemental Appropriations for fiscal year
2000). These emergency appropriations include $529,000,000 in
the services' Operation and Maintenance accounts, including
$234,000,000 for depot maintenance, $250,000,000 for real
property maintenance, and $45,000,000 for readiness spares
kits.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
The conferees direct the Secretary of Defense to provide
the Appropriations Committees and the General Accounting Office
reports identifying contingency related expenses no later than
30 days after the end of each month for which contingency costs
are incurred.
BIOMETRICS INFORMATION ASSURANCE
The Conferees include in this Title of the bill
$7,000,000 for Army, $3,000,000 for Navy, and $3,000,000 for
Air Force, and include $12,000,000 in Title III of the bill for
Army, all to support the efforts of Army as Executive Agent to
lead, consolidate, and coordinate all biometrics information
assurance programs of the Department of Defense (DoD), pursuant
to the June 12, 2000 United States Army Report on the
Biometrics Project (Report) prepared at the request of the
Committees on Appropriations, and direct that the near-term and
long-term implementation plan defined in the Report be
implemented.
Recognizing the concerns expressed in the Report and
elsewhere regarding social and legal issues associated with the
uses of biometrics in the Government and private sectors, the
Conferees support a comprehensive, in-depth legal and social
assessment of the issues associated with the current and near-
term uses of biometrics in the United States, to include plans
for long-term monitoring of human biometrics uses, which are
expected to increase substantially, and further recommend that
this assessment be initiated as soon as practicable, pursuant
to the Report.
To reduce lease costs and to support operating capability
of the Biometrics Fusion Center by Fiscal Year (FY) 2004, the
Conferees recommended that the funds appropriated for this
program in FY 2000 be made available immediately to develop
specifications and requirements, not later than June 30, 2001,
for the acquisition, via lease, of space suitable for the
Biometrics Fusion Center Final Operating Capability in
accordance with the Report.
integrated training area management
The conferees understand that commanders are consistently
reporting reduced ITAM funding as a training readiness issue in
the Monthly Readiness Report. Therefore, the conferees
recommend an increase of $5,100,000 for ITAM and direct the
Army to realign additional resources in order to fully fund the
ITAM program.
tactical missile maintenance
Of the amount provided for Operation and Maintenance,
Army, specifically depot maintenance, the conferees direct that
$48,300,000 be applied to Army Tactical Missile Depot
Maintenance requirements, to include ground support equipment,
at its organic public depots.
real property maintenance
The conferees observe that the Army has reallocated
$1,100,000,000 of its operational training funds during fiscal
years 1997 through 1999, and failed to meet tank mile training
goals by an average of 20 percent. The Army cites that training
resources were moved to other operation and maintenance
programs such as real property maintenance. The conferees have
provided significant real property maintenance and Quality of
Life Enhancement resources to the Army for fiscal year 2001,
and expects the service to execute the training plan and budget
proposed in the budget request. The conferees direct the Army
to allocate real property maintenance resources, by major
command, at levels not less than those provided in Senate
Report 106-298.
underutilized plant capacity
The conferees are aware that the Office of the Secretary
of Defense has directed the Army to study the scale and
capacity of the arsenals and ammunition plants, in an effort to
mitigate the need for further cash subsidies. The Army shall
provide this report to the Appropriations Committees no later
than September 15, 2000.
industrial preparedness
The conferees do not agree to reductions as proposed in
the House and Senate versions of the bill to the Industrial
Preparedness subactivity group in Operation and Maintenance,
Army.
air battle captain
The conferees direct to the Secretary of the Army to
submit to the Appropriations Committees a detailed recruitment
plan, specifically addressing the Air Battle Captain program,
within sixty days of enactment of the conference report.
ENHANCED SKILLS TRAINING PROGRAM
The conferees understand that the Army has decided to
terminate the Enhanced Skills Training Program (ESTP) for
students at Historically Black Colleges and Universities (HBCU)
and to replace it with a distance learning program. Because of
the historic role that HBCU's have played in integrating the
Army, the conferees direct the Army to maintain through fiscal
year 2001 the ESTP as configured during fiscal year 2000. To
better understand the benefits of ESTP, the conferees directs
the Army to provide a report to the congressional defense
committees not later than October 1, 2000, on its long-term
plans for its partnership with HBCU's in preparing students for
the Army.
OPEN BURN/OPEN DISPOSAL PRACTICES
The conferees are aware of public concern regarding
possible health risks to civilian populations associated with
the open burning/open detonation (OB/OD) of munitions and
equipment at Army depots at various locations in the U.S. Most
of these risks are believed to be associated with airborne
gases, particles and other contaminants carried downwind of the
burn/detonation sites. The Army is directed to study potential
alternative closed disposal technologies that do not release
into the atmosphere and to report to Congress no later than
September 30, 2001 on the possibility of phasing out OB/OD in
favor of closed disposal methods. The report should include a
review of technologies currently in existence and under
development and assess the cost and feasibility of constructing
facilities employing those technologies.
MEDIUM GENERAL PURPOSE TENTS
The conferees direct that $14,000,000 of the funds
provided for Operation and Maintenance, Army be made available
only for the purpose of meeting prospective requirements for
modular general purpose tents (MGPT) associated with wartime
and other mobilizations as described in the report accompanying
the House-passed Department of Defense Appropriations bill for
fiscal year 2001. The conferees also note that the Department
has refused to fully obligate previously appropriated funds for
the program, citing a lack of firm direction from the Congress.
The conferees therefore believe it necessary to clarify their
strong support for the MGPT program, and direct the Secretary
of the Army to expend the full amount of Operation and
Maintenance, Army funds designated for MGPT in the fiscal year
2000 Department of Defense Conference Report without further
delay.
TACONY WAREHOUSE SITE
The conferees direct that of the funds provided in
Operation and Maintenance, Army, $5,000,000 shall be available
only to demolish the Army's Tacony Warehouse depot site owned
by Fort Dix in Philadelphia, Pennsylvania.
enhanced safety in department of defense industrial facilities
Public Law 106-79 directed the Department to initiate
programs that improved safety practices at DOD facilities. The
conferees again urge the Department to undertake measures to
improve the safety of work conditions at DOD industrial
facilities. No later than December 1, 2000, the Secretary of
Defense shall submit to the congressional defense committees a
report regarding the feasibility of establishing pilot programs
at maintenance depots and public shipyards to improve worker
safety. The report shall include proposals, to include any
requisite legislative language, for employing gain sharing
incentives for the procurement of professional safety services.
fallon nas greenbelt
The conferees understand that the Navy has conducted
studies to determine the feasibility of restoring current and
previously irrigated lands around the perimeter (``Greenbelt'')
of Fallon Naval Air Station, Nevada, to its natural ecological
condition. Further, the conferees understand that the
Commander, NAS Fallon, has consulted with the Army Corps of
Engineers concerning their expertise in similar efforts. The
conferees direct, as the Secretary of the Navy strives to
eliminate the need for irrigation to the ``Greenbelt'',
consistent with aircrew safety and the direction provided in
Public Law 101-618, that the Navy continue to cooperate with
the Army Corps of Engineers to study the most expedient methods
to achieve this non-agricultural, non-irrigated state in the
``Greenbelt'' lands. The conferees direct that of the funds
available to the Department of the Navy under the heading
Operation and Maintenance, Navy, $100,000 shall be available to
expedite the study described above.
center of excellence for disaster management and humanitarian
assistance
The conferees recommend $5,000,000 for the Center for
Excellence for Disaster Management and Humanitarian Assistance.
Within these funds, $960,000 is to fund the Casualty Care
Research Center. The Committee expects the Centers to work
collaboratively to provide disaster response services in
domestic, international, military and civilian settings.
restoration of uss turner joy
The conferees direct the Navy to cooperate with the
Bremerton Naval Memorial and Historic Ships Association in the
repair of the USS Turner Joy. Of the funds available for
Operation and Maintenance, Navy, $750,000 shall be available
for the maintenance and repair of the USS Turner Joy.
new energy saving technology
The conferees are aware of the unique energy savings and
anticorrosion properties of Ambient Temperature Cure (ATC)
Glass coatings for air-conditioning systems. The conference
agreement includes $500,000 in Operation and Maintenance, Air
Force funding for the 6th Civil Engineering Squadron located at
MacDill Air Force Base, Florida, for an energy demonstration of
ATC glass coating technology as a follow-on to its initial
testing of this technology on air conditioning systems.
Accordingly, the conferees direct the Air Force to conduct a
before and after test and evaluation of energy savings of ATC
glass coated air conditioning-systems, at MacDill Air Force
Base, over a three-month period. The evaluation shall measure
and document energy consumption and provide comment regarding
effectiveness on existing air-conditioning units of varying
ages and levels of corrosion. The Secretary of the Air Force
shall provide the results of this testing to the House and
Senate Committees on Appropriations not later than April 1,
2001.
contaminant air processing systems
The conferees commend the Secretary of the Air Force for
standardizing mission-critical equipment that allows Air Force
personnel to be effectively processed after contact with
biological, chemical and nuclear agents. The conferees
encourage the Secretary to use existing funds to continue
implementation of standardized contaminant air processing
systems (CAPS) throughout Air Force installations.
civil/military programs
The conferees recommend a total of $103,000,000 for the
Department's civil/military programs for fiscal year 2001 as
shown below. The conferees direct the Department to report to
the Committees on Appropriations on the status of the
obligation of these funds not later than April 15, 2001.
[In thousands of dollars]
National Guard Youth Challenge Program........................ $62,500
Innovative Readiness Training Program......................... 30,000
Starbase Program.............................................. 10,000
Youth Development and Leadership Program...................... 500
--------------------------------------------------------------
____________________________________________________
Total..................................................... 103,000
family advocacy
The conferees recommend $2,000,000 for the Department of
Defense Dependents Education account, only for enhancements to
Family Advocacy programs for at-risk youth.
impact aid program
The conferees recommend a total of $30,000,000 only for
the continuation of the impact aid program currently being
executed by the Department of Defense for schools heavily
impacted by military dependents.
northern edge
The conferees direct the Secretary of Defense to transfer
funds from the CJCS exercise fund to the service operation and
maintenance accounts to cover the incremental cost of this
exercise.
c-130 operations
The conferees recommend a total of $5,000,000 for
personnel and operation and maintenance costs to support Air
National Guard C-130 operational support aircraft and those
stand-alone aircraft currently utilized by selected States.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
The conferees agree to provide $3,938,777,000 for the
Overseas Contingency Operations Transfer Fund. This amount
provides for continuing operations in and around Bosnia, Kosovo
and Southwest Asia adjusted for unanticipated changes in the
number of troops supporting these operations.
The conferees included a general provision which reduces
the available funding for overseas contingency operations. The
conferees recognize that current levels of deployed forces
committed to peacekeeping operations may be reduced during
fiscal year 2001. To ensure that current operations are
uninterrupted if force levels and commitments are unchanged,
the conference agreement provides sufficient emergency funding
for overseas contingencies.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
The conference agreement provides $8,574,000 for the
United States Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
The conference agreement provides $389,932,000 for
Environmental Restoration, Army.
ENVIRONMENTAL RESTORATION, NAVY
The conference agreement provides $294,038,000 for
Environmental Restoration, Navy.
ENVIRONMENTAL RESTORATION, AIR FORCE
The conference agreement provides $376,300,000 for
Environmental Restoration, Air Force.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
The conference agreement provides $21,412,000 for
Environmental Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The conference agreement provides $231,499,000 for
Environmental Restoration, Formerly Used Defense Sites.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The conference agreement provides $55,900,000 for
Overseas Humanitarian, Disaster, and Civic Aid.
FORMER SOVIET UNION THREAT REDUCTION
The conference agreement provides $443,400,000 for the
Former Soviet Union Threat Reduction program.
foreign military sales
In 1999, the Department of Defense signed a multi-year
contract for the E-2C program. The E-2C multi-year contract
assumed a total E-2C purchase which included both Department of
the Navy and international aircraft deliveries in future years.
The negotiated price for the Navy aircraft reflected the
assumption that the international sales would be successfully
completed in the future years. This process raises serious
concerns that the Department of Defense might negotiate future
multi-year contracts with sales prices that presume
Congressional approval of potential international sales in
future years. Such a practice is unacceptable and would violate
the intent and spirit of the Foreign Military Sales
notification and approval process.
The conferees direct that any future multi-year contracts
shall reflect pricing which assumes only the U.S. military
procurement quantities. The Department of Defense is expressly
prohibited from negotiating any multi-year contracts which
include quantities and pricing that reflect foreign military
sales yet to be approved by the Congress.
Information Assurance
The House recommended a net increase of $150,000,000 over
the President's budget for selected information assurance and
computer network security programs. The conferees endorse the
high priority given this effort by the House and recommended a
net increase of over $150,000,000 for specific information
assurance initiatives, to include:
$35,000,000 to purchase hardware and software
applications to monitor computer networks for suspicious
activity;
$19,000,000 for new digital secure phones to replace the
outdated STU-III;
$18,600,000 to accelerate the DOD's Public Key
Infrastructure (PKI) program;
$16,400,000 for information security awareness, education
and training;
$15,000,000 for the Information Security Scholarship
Program;
$10,000,000 to ensure security capabilities are built
into new cell phones, rather than retrofitting them later at a
significantly higher cost;
$10,000,000 for information operations vulnerability
analysis;
$5,000,000 to examine the use of information operations
against certain critical target sets;
$5,000,000 for the Institute for Defense Computer
Security and Information Protection;
$3,000,000 for additional basic (6.1) research into
information assurance; and
$26,000,000 for USARPAC C4I and Information Assurance.
The conferees expect the Department to execute these
funds in a coordinated manner, and where possible, to make use
of existing institutions and training programs to ensure the
maximum benefit from these resources. The conferees understand
that even these investments will be of limited value if the
software used by the Department has been designed with
intentional weaknesses to permit future unauthorized access.
The conferees expect the Department to carefully consider the
origin of all software used in developing or upgrading
information technology or national security systems.
Telecommunications Infrastructure Upgrades
The conferees believe that additional cost savings could
be realized if DOD tenant agencies would include their
telecommunications infrastructure upgrades with those of the
parent installation and thus achieve the benefits of economies
of scale. The conferees therefore direct DOD agencies that are
located on Army, Navy and Air Force installations to coordinate
their infrastructure upgrades with those of the installation
where they reside.
Forward Looking Infrared Devices
The Horizontal Technology Integration second generation
forward looking infrared (FLIR) is being fielded on the M1A2
Abrams tank system enhancement program, M2A3 Bradley Fighting
Vehicle, and the long range advanced scout surveillance system.
It met the original Apache helicopter FLIR requirements for the
proposed upgrade to the AH-64 Apache target acquisition
designation sight/pilot night vision system, which the Army
subsequently changed. The conferees are concerned that the
change in requirements may not result in a significant increase
in performance that would outweigh the advantages of
commonality between air and land systems in areas such as unit
cost, improved logistics support, and life cycle cost savings.
The conferees direct the Army to perform a cost-benefit
analysis, using the original and revised aviation FLIR
requirements, which compares the Horizontal Technology
Integration second generation FLIR and the proposed aviation
FLIR upgrade. The conferees further direct that none of the
funds in this Act may be obligated for an Apache FLIR upgrade
that is not common with the FLIR for ground systems unless the
Secretary of the Army submits a report to the congressional
defense committees which justifies a requirement for a unique
FLIR for airborne applications and demonstrates that it is
affordable compared to a common system.
Combat Search and Rescue Aircraft
The conferees note that the Air Force has decided to
consider several different aircraft for its combat search and
rescue mission, including such existing products as the EH-101
helicopter. The conferees understand that the Navy may be
considering alternative to either extend the life of or replace
the existing MH-53E helicopters used in the Vertical Onboard
Delivery and the dedicated Airborne Mine Countermeasures
missions. The conferees believe that any such analysis should
follow a similar competitive process as used by the Air Force,
to ensure that the Navy takes advantage of all existing
operational designs to obtain the best rotorcrafts available
for those missions.
High Performance Computing Modernization
The conferees have provided $79,978,000 for the High
Performance Computing Modernization Program, an increase of
$40,000,000 above the budget request amount. The conferees
direct that $30,000,000 of the increased amount shall be
available only for the modernization of the computing equipment
at an existing supercomputing center purchased with research,
development, test and evaluation funds.
DEFENSE PRODUCTION ACT
The conferees agree to provide a total of $3,000,000 for
the Defense Production Act account. Of this amount $2,000,000
is only for microwave power tubes and $1,000,000 is only for
the Wireless Vibration Sensor Supplier Initiative.
items of special interest
The conferees agree that each of the Chiefs of the
Reserve and National Guard components should exercise control
of modernization funds provided in this account including
aircraft and aircraft modernization. The conferees further
agree that separate submissions of a detailed assessment of its
modernization priorities by the component commanders is
required to be submitted to the defense committees. The
conferees expect the component commanders to give priority
consideration to the following items: multiple launch rocket
system (MLRS), Paladin, onboard oxygen generating system field
evaluation for the Air National Guard, LITENING II targeting
pod system, SINCGARS radios, F16 SADL ``D'', Bradley Fighting
Vehicles upgrades, F15 BOL systems, HMMWV Striker Vehicles,
support equipment for Patriot missile air defense battalions,
Heavy Expanded Mobility Tactical Truck for MLRS units, Army
tank recovery vehicle program, fire fighting trucks for Air
Guard, air traffic control landing system (ATCALS), maneuver
control system, construction equipment service life extension
program, family of medium tactical vehicles, C130J procurement,
A10 upgrades, F15 E-kit upgrades, F16 BLK 42 engine
modification kits, Precision Attack Targeting System (PATS),
simulators for Norwich Army, master cranes, modular command
post system, laser marksmanship, UH60/UH1 flight simulators,
F16 modernization, standard integrated command post system
(SICPS), situational awareness data link, KC135 multi-point
refueling, Naval Construction Force Communications Equipment,
and C212 STOL fixed wing aircraft. Night Vision PVS-7, CH-47
Internal Crashworthy Fuel Cells, Blackhawk External Fuel Tanks,
Multi-Purpose Range Targetry Electronics, Armored Security
Vehicle, Controlled Environmental Storage Shelters, DRFTP,
Quadruple Containers, Pallet Containers, C-141 8.33 Khz Radios,
HC130 FLIR (AAQ-22), HH-60 SATCOM (AN/ARC-210 Radios), CH-53
Aircrew Procedures Trainer Flight Simulator, CH-46 Aircrew
Procedures Training Flight Simulator, A-10 Lightweight Airborne
Recovery System, C-130 ALR-69 Radar Warning Receiver, HC-130
Armor, Scope Shield II Tactical Radios, F-16 Helmet Mounted
Cueing System, Mobile Chemical Agent Detector, Multi-Mission
Patrol Craft, COTS, DFIRST, A/OA-10, AN/AAQ-29 CH-53E FLIR, P-
3C Update III BMUP, RAID Electro-Optical/Infrared Sensor
Upgrade Program, CH-47 Fuel tanks, and AFIST XXI.
intelligence, surveillance, and reconnaissance (ISR) Battle Management
The conferees are aware that the Air Force desires to
initiate a program called the Intelligence, Surveillance, and
Reconnaissance (ISR) Battle Management. The ISR Battle
Management is an effort to extend required ISR command and
control functions now resident in the Distributed Common Ground
System to the Air Operations Center. This program was not
identified in the fiscal year 2001 budget request. However, the
conferees believe this effort should be initiated and the House
and Senate Committees on Appropriations would expeditiously
consider a reprogramming request of up to $7,500,000 for this
effort.
discoverer ii
After careful consideration, the conferees direct that
the Discoverer II program be terminated.
To move forward in a more cost-effective manner, the
conferees have provided $30,000,000 to the National
Reconnaissance Office to undertake steps to further develop and
mature low cost electronically scanned array radar technologies
for space applications. The conferees further directed the
continued participation of the Defense Advanced Research
Projects Agency in these efforts.
The Director of the National Reconnaissance Office, in
consultation with the Director of the Defense Advanced Research
Projects Agency, shall submit a program plan for the
development, testing and application of technologies funded
under this revised initiative. The conferees direct that none
of the funds provided may be used to develop a stand-alone
satellite demonstrator.
joint ejection seat program
The conferees are concerned about the Defense
Department's management of the Joint Ejection Seat Program,
including the failure to complete a memorandum of agreement
between the Navy and the Air Force concerning operation of the
joint program. The conferees have deleted all funds for DoD's
separate program to develop the K-36 seat. The conferees have
provided a total of $20,689,000 only for the Joint Ejection
Seat Program. The conferees direct that the Department of
Defense conduct a full and open competition among any and all
candidate seats under this program, with no arbitrary
restrictions applied by DoD to limit the competition.
The conferees direct that no contract award for the joint
ejection seat program using funds provided in fiscal year 2000
be made until 30 days after the Secretary of Defense submits a
program plan for the Joint Ejection Seat Program as required by
the Department of Defense Appropriations Act, 2000. This
program plan should address all specific applications for the
ejection seat or ejection seat technology developed under the
JESP. Further, the report should specifically address the cost
and commonality benefits of using any JESP-developed seat in
the Joint Strike Fighter (JSF). None of the funds appropriated
in fiscal years 2000 or 2001 may be obligated until the
Secretaries of the Navy and Air Force certify to the
congressional defense committees that a joint program office is
in place to manage the program in a manner which fairly meets
both services' requirements. The conferees reiterate that the
objective of the Joint Ejection Seat Program is to completely
qualify at least two modern and safe ejection seats for
potential use in existing and future tactical aircraft.
life support systems
The conferees have provided an increase of $4,000,000
only for the ACES II ejection seat. These funds are provided
only to complete development and testing on discrete
modifications of existing ACES II seats to provide digital
sequencing capability and to accommodate higher weight
individuals. It is not the conferees' intent to fund any
activity in this program that would give an unfair advantage to
a bidder for the Joint Ejection Seat program.
focus program
The conferees support the semiconductor Focus Center
Program in university research as it moves into full-scale
operation. The conferees urge the Department to include funding
for this program as it is currently planned in the POM so that
the Department may gain the benefits of this highly leveraged
long-term research.
information technology center
The conferees have provided $20,000,000 only for the
Joint Information Technology Center Initiative. These funds
shall be available only to establish two, Pacific-based
Information Technology Centers (ITC's). These centers allow DoD
to integrate and implement the many successful logistics and
personnel initiatives underway throughout the Department of
Defense. The centers will process the wide range and volume of
information essential to the day-to-day operations of our
military personnel and defense civilians. The centers will
allow DoD to eliminate legacy systems and to upgrade to more
capable and more flexible information technology tools. The
conferees direct that the Secretary of Defense provide a report
to the congressional defense committees no later than May 1,
2001, which outlines DoD's plan for proceeding with the
establishment of these centers.
commercial mapping and visualization toolkit
The conferees agree to provide a total of $6,000,000 over
the request for the National Imagery and Mapping Agency (NIMA)
Commercial Mapping and Visualization Toolkit. Of these funds
$3,000,000 is for upgrades and $3,000,000 is for visualization
and bomb blast for force protection. The conferees anticipate
that NIMA will pursue all avenues of fair and open competition
for the acquisition of the Commercial Mapping and Visualization
Toolkit.
nima omnibus contract program
The National Imagery and Mapping Agency (NIMA) has been
required to begin using Architectural and Engineering
contracting procedures for all production contracts. This has
lead to the development of the ``Omnibus Contract'' program,
allowing NIMA to replace 67 individual production contracts
with one contract vehicle for all geospatial information and
imagery intelligence requirements. The conferees agree that the
omnibus contract program is a special congressional interest
item.
The conferees understand that NIMA plans to continue
efforts for the Shuttle Radar Topography data reduction program
and the Feature Foundation DATA program. The conferees strongly
support NIMA's efforts to fully fund these important projects
in fiscal year 2001 and beyond.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The conferees agree to the following amounts for
Revolving and Management Funds programs:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Defense Working Capital Funds............................... 916,276 916,276 916,276 916,276
National Defense Sealift Fund............................... 388,158 400,658 388,158 400,658
National Defense Airlift Fund............................... ........... ........... 2,890,923 2,840,923
---------------------------------------------------
Total, Revolving and Management Funds................. 1,304,434 1,316,934 4,195,357 4,157,857
----------------------------------------------------------------------------------------------------------------
DEFENSE WORKING CAPITAL FUNDS
The conferees agree to provide $916,276,000 for the
Defense Working Capital Fund.
NATIONAL DEFENSE SEALIFT AND AIRLIFT FUNDS
The appropriation for the `National Defense Sealift Fund'
provides funds for the lease, operation, and supply of
prepositioning ships; operation of the Ready Reserve Force;
acquisition of large medium speed roll-on/roll-off ships for
the Military Sealift Command; and acquisition of ships for the
Ready Reserve Force. The budget includes $258,000,000 for Ready
Reserve Force and $130,158,000 for acquisition activities in
fiscal year 2001.
The conferees have agreed to an expansion of this account
to recognize the fact that sea and air mobility are essential
ingredients in the Department of Defense's force projection
capability. Thus, the conferees have recommended renaming this
account to create the `National Defense Mobility Fund' account.
This new account will incorporate the existing `National
Defense Sealift Fund' account and establish the `National
Defense Airlift Fund' account.
In addition to providing an increase of $12,500,000 to
the budget request amount for the `National Defense Sealift
Fund' the conference recommendation also provides an increase
of $2,840,923,000 for the `National Defense Airlift Fund.' This
recommendation includes $2,428,723,000 for the acquisition of
12 C-17 aircraft and advance procurement for the fiscal year
2002 purchase of 15 DC-17 aircraft. Further, the increase
includes $412,200,000 for the interim contractor support of the
existing C-17 fleet. The conferees have directed that the C-17
procurement and fleet support programs continue without any
interruption during fiscal year 2001. The conferees have
included appropriate legislative authority to permit the
transfer of these funds for the continuation of C-17
acquisition and support.
The conferees direct that the Department of Defense
budget for all future C-17 procurement and support costs within
the National Defense Airlift Fund. The conferees direct that
future budget documents for the NDAF should conform to the
requirements for other DoD procurement accounts including the
content and format of budget exhibits, reprogramming thresholds
among procurement, advanced procurement, and interim contractor
support line items, application of the procurement full funding
policy, and Congressional notification for changes in quantity.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Defense Health Program...................................... 11,600,429 12,143,029 12,130,179 12,117,779
Chemical Agents and Munitions Destruction, Army............. 1,003,500 927,100 979,400 980,100
Drug Interdiction and Counter-Drug Activities, Defense...... 836,300 812,200 933,700 869,000
Office of the Inspector General............................. 147,545 147,545 147,545 147,545
---------------------------------------------------
Total, Other Department of Defense Programs........... 13,587,774 14,029,874 14,190,824 14,114,424
----------------------------------------------------------------------------------------------------------------
The DoD/DVA Distance Learning Pilot Project
The conferees are pleased with the progress report on the
DoD/DVA Distance Learning pilot project to transition clinical
nurse specialists to the role of nurse practitioners. It is
noted that 27 students graduated from the first virtual
advanced program and 35 new students have been admitted for the
second class of distance learning. The conferees encourage
further refinement of this program as requirements develop.
peer reviewed medical research program
The conferees have provided $50,000,000 for a Peer
Reviewed Medical Research Program. The conferees direct the
Secretary of Defense, in conjunction with the service Surgeons
General, to establish a process to select medical research
projects of clear scientific merit and direct relevance to
military health.
Such projects could include: acute lung injury research,
arthropod transmitted infectious diseases, biological hazard
detection system/bio-sensor microchip, CAT scan technology for
lung cancer, childhood asthma, Dengue fever vaccine, digital
mammography imaging, freeze dried platelets, Fungi Free (a
topical anti-fungal agent effective in mitigating
onychomycosis), Gulf War illness research, health system
information technology, health care informatics, human imaging
institute/magnetoencephalography laboratory, medical surgery
technology, medical records management, microsurgery and
robotic surgery research, molecular biology for cancer
research, neural mechanisms of chronic fatigue syndrome,
obesity related disease prevention especially for minorities,
Padget's disease, quantum optics, remote emergency medicine
ultrasound, smoking cessation, social work research, tissue
regeneration for combat casualty care, Venus 3-D technology
program, and vitamin D research.
The conferees direct the Department to provide a report
to the Congressional Defense Committees by March 1, 2001, on
the status of this Peer Reviewed Medical Research Program, to
include the corresponding funds provided in previous fiscal
years.
Additional Defense Health Program Funding to Address Shortfalls
In addition to recommending sizable funding increases for
the Defense Health Program for fiscal year 2001 over current
year levels, the conferees note that the recently enacted
Emergency Supplemental Appropriations Act for fiscal year 2000
(Public Law 106-246) included over $1.3 billion to address
other critical shortfalls confronting the military health care
system. Of this amount, $615,600,000 was provided explicitly to
finance existing contract claims for fiscal years 1998-2000
against the Department's TRICARE managed care system. An
additional $695,900,000 was provided in section 107 of P.L.
106-246 to address other known DHP funding difficulties. The
conferees express their intent that the section 107 funds be
used by the Secretary of Defense and the service Surgeons
Generals, in conjunction with the funds provided in this
conference agreement, to meet the most critical of the
remaining outstanding DHP funding needs. These may include
financing additional TRICARE contract claims (such as those
forecast for fiscal year 2001), unfunded requirements
associated with the operations of military treatment
facilities, and other needs as identified by the Secretary of
Defense and the service Surgeons General.
The conferees further note that in this conference
agreement, they have with one exception deferred action on
explicitly providing funds for any proposed expansion or
modification of the medical benefit for service members and
military retirees which would require changes in existing law
through the congressional authorization process. The conference
agreement does provide funding for an improved pharmacy benefit
for military retirees, including those over 65, in recognition
of the fact that both the House and Senate-passed versions of
the fiscal year 2001 National Defense Authorization Act each
provide for this initiative, albeit in differing fashions. The
conferees have been advised by both the Secretary of Defense
and the Office of Management and Budget that the potential
fiscal year 2001 costs of this improved benefit, which was not
requested in the President's budget, could be $200,000,000. The
conferees recommend addressing this by providing a fiscal year
2001 appropriation of $100,000,000 for an improved pharmacy
benefit in the Defense Health Program appropriation. Title IX
of the conference agreement provides an additional $100,000,000
in contingent emergency appropriations, subject to release only
if the President submits a budget request pursuant to existing
law. The conferees believes this approach strikes the necessary
balance needed to ensure that, if authorized, adequate funding
has been made available for this important initiative.
t-agos support
The conferees agree to provide $15,026,000 for T-AGOS
support. The conferees are aware that changing drug trafficking
patterns in the Transit Zone have altered the original
operational concept of using T-AGOS ships to detect and monitor
aircraft and ships smuggling illegal drugs into the United
States and that other methods exist to accomplish this mission.
The conferees direct the Department to analyze the operational
effectiveness of the currently configured T-AGOS ships to
determine if their contribution to the counter-drug mission is
the most effective and cost efficient method to accomplish
transit zone surveillance and to provide a summary of suggested
alternative platforms or assets and their associated costs. The
Department is directed to report their findings to the defense
committees no later than March 30, 2001.
national guard counter-drug support
The conferees agree to provide an additional $20,000,000
to the budget request for National Guard Counter-Drug Support
and to concur with language contained in Senate report 106-298
regarding future budget submissions for this project.
Out of the funding provided in the ``Drug Interdiction
and Counter-Drug Activities, Defense'' account, the conferees
direct that $1,000,000 be provided above its state allocation
to the Florida National Guard to support a Port Security
prototype project and that $2,000,000 above its state
allocation be provided to the Nevada National Guard to allow
the Counter-Drug Reconnaissance and Interdiction Detachment
unit in northern Nevada to expand operations into southern
Nevada.
caper focus
The conferees continue to receive reports on the positive
contribution of Operation Caper Focus to drug interdiction
efforts. Despite this, Caper Focus continues to be virtually
ignored in the budget submission. The conferees direct the
Department to provide sufficient funding for this initiative in
the fiscal year 2002 budget submission.
office of the inspector general
The conferees agree to provide $147,545,000 for the
Office of the Inspector General. Of this amount, $144,245,000
shall be for operation and maintenance and $3,300,000 shall be
for procurement.
TITLE VII--RELATED AGENCIES
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Intelligence Community Management Account................... 137,631 224,181 177,331 148,631
Central Intelligence Agency Retirement & Disability System.. 216,000 216,000 216,000 216,000
Payment to Kaho'olawe Island Conveyance, Remediation, and 25,000 25,000 60,000 60,000
Environmental Restoration Fund.............................
National Security Education Trust Fund...................... 6,950 6,950 6,950 6,950
----------------------------------------------------------------------------------------------------------------
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
Details of the adjustments to this account are addressed
in the classified annex accompanying this report.
TITLE VIII--GENERAL PROVISIONS
The conference agreement incorporates general provisions
of the House and Senate versions of the bill which were not
amended. Those general provisions that were amended in
conference follow:
The conferees included a general provision (Section 8008)
which amends language authorizing multi-year procurements.
The conferees included a general provision (Section 8022)
which amends language that appropriates funds authorized by the
Indian Financing Act of 1974.
The conferees included a general provision (Section 8053)
which amends language authorizing intelligence activities.
The conferees included a general provision (Section 8055)
which amends language recommending rescissions. The rescissions
agreed to are:
Revised Economic Estimates, Fiscal Year 2000
Conference
Aircraft Procurement, Army: Inflation Savings.................$7,000,000
Missile Procurement, Army: Inflation Savings.................. 6,000,000
Procurement of Weapons and Tracked Combat Vehicles, Army:
Inflation Savings......................................... 7,000,000
Procurement of Ammunition, Army: Inflation Savings............ 5,000,000
Other Procurement, Army: Inflation Savings....................16,000,000
Aircraft Procurement, Navy: Inflation Savings.................24,125,000
Weapons Procurement, Navy: Inflation Savings.................. 3,853,000
Procurement of Ammunition, Navy and Marine Corps: Inflation
Savings................................................... 1,463,000
Shipbuilding and Conversion, Navy: Inflation Savings..........19,644,000
Other Procurement, Navy: Inflation Savings....................12,032,000
Procurement, Marine Corps: Inflation Savings.................. 3,623,000
Aircraft Procurement, Air Force: Inflation Savings............32,743,000
Missile Procurement, Air Force: Inflation Savings............. 5,500,000
Procurement of Ammunition, Air Force: Inflation Savings....... 1,232,000
Other Procurement, Air Force: Inflation Savings...............19,902,000
Procurement, Defense-Wide: Inflation Savings.................. 6,683,000
Research, Development, Test and Evaluation, Army: Inflation
Savings...................................................20,592,000
Research, Development, Test and Evaluation, Navy: Inflation
Savings...................................................35,621,000
Research, Development, Test and Evaluation, Air Force:
Inflation Savings.........................................53,467,000
Research, Development, Test and Evaluation, Defense-Wide:
Inflation Savings.........................................36,297,000
Defense Health Program: Inflation Savings..................... 808,000
Chemical Agents and Munitions Destruction, Army: Inflation
Savings................................................... 1,103,000
Program Specific Reductions, Fiscal Year 1999
Other Procurement, Army: R2000 Engine Flush System............ 3,000,000
Aircraft Procurement, Air Force: JSTARS (Contract Savings)....12,300,000
Other Procurement, Air Force: RAPCON (Restructuring program).. 8,000,000
Fiscal Year 2000
Procurement of Weapons and Tracked Combat Vehicles, Army:
Command and Control Vehicle............................... 4,000,000
Breacher System...........................................19,000,000
Other Procurement, Army: SMART-T (Schedule Slip)..............29,300,000
Aircraft Procurement, Navy: F/A-18 E/F cost savings........... 6,500,000
Aircraft Procurement, Air Force: F-16 Advance Procurement.....24,000,000
Missile Procurement, Air Force:...............................
ARMRAAM (Budget Error).................................... 6,192,000
Titan Launch Vehicle......................................30,000,000
Other Procurement, Air Force:
SMART-T (Schedule Slip)...................................12,000,000
RAPCON (Restructuring program)............................ 2,000,000
DCGS Communications Segment Upgrade....................... 6,000,000
Research, Development, Test and Evaluation, Army:
WRAP (Unobligated balance)................................10,000,000
Stinger Block II..........................................12,000,000
Research, Development, Test and Evaluation, Air Force: C-130
(Schedule Slip)...........................................30,000,000
Reserve Mobilization Income Insurance Fund: Unused Balance....13,000,000
The conferees included a general provision (Section 8064)
which amends language governing the procurement of ball and
roller bearings, and vessel propellers from domestic sources.
The conferees included a general provision (Section 8075)
which amends language allowing the transfer of funds for the
purpose of Reserve peacetime support to community programs.
The conferees included a general provision (Section 8086)
which amends Senate language reducing funds available for
titles III and IV of this Act.
The conferees included a general provision (Section 8094)
which amends language reducing amounts available for the
military personnel and operation and maintenance accounts by
$856,900,000 due to favorable foreign currency fluctuation.
The conferees included a general provision (Section 8097)
which amends Senate language requiring the Department of
Defense to submit certain budget justification materials in
support of the Overseas Contingency Operations Transfer Fund.
The conferees included a general provision (Section 8102)
which amends House language requiring registration of mission
critical or mission essential information technology systems
with the Department of Defense Chief Information Officer, and
requiring certification of automated data systems; compliance
with the Clinger-Cohen Act.
The conferees included a general provision (Section 8112)
which amends Senate language appropriating $7,500,000 for the
United Services Organization.
The conferees included a general provision (Section 8116)
which amends Senate language earmarking funds for the Arrow
Deployability Program.
The conferees included a general provision (Section 8117)
which amends Senate language requiring the Secretary of Defense
to identify, report on, and adjudicate health care contract
claims.
The conferees included a general provision (Section 8123)
which amends House language requiring certification that the
Department of Defense program and budget for the Interim
Brigade Combat Teams.
The conferees included a general provision (Section 8126)
which amends Senate language reducing funds for the Ballistic
Missile Defense Organization for certain overhead functions.
The conferees included a general provision (Section 8127)
which amends Senate language requiring the Ballistic Missile
Defense Organization to notify the congress prior to issuing
any type of information or proposal solicitation.
The conferees included a general provision (Section 8129)
which amends Senate language appropriating funds for the Center
for the Preservation of Democracy.
The conferees included a general provision (Section 8139)
which amends Senate language earmarking funds for the Middle
East Regional Security Issues program.
The conferees included a general provision (Section 8140)
which amends Senate language earmarking funds for information
security initiatives.
The conferees included a general provision (Section 8141)
which amends Senate language appropriating $5,000,000 for the
American Red Cross.
The conferees included a general provision (Section 8142)
which amends Senate language earmarking funds for the Bosque
Redondo Memorial.
The conferees included a general provision (Section 8145)
which earmarks Research, Development, Test and Evaluation, Air
Force funds for the B-2 Link 16/Center Instrument Display/In-
Flight Replanner program.
The conferees included a new general provision (Section
8146) which earmarks funds for the Airborne Laser program.
The conferees included a new general provision (Section
8147) which amends section 106 of title 38 U.S.C. concerning
the service of the Alaska Territorial Guard.
The conferees included a new general provision (Section
8148) which appropriates $3,000,000 for the United States-China
Security Review Commission.
The conferees included a new general provision (Section
8149) which amends the Alaska Native Claims Settlement Act.
The conferees included a new general provision (Section
8150) which modifies applicability of the Congressional Budget
Act of 1974.
The conferees included a new general provision (Section
8151) which designates the planned consolidated operations
center at Redstone Arsenal as the Wernher von Braun Complex.
The conferees included a new general provision (Section
8152) which earmarks funds in support of the Pacific Disaster
Center.
The conference agreement includes section 8153, which
strikes a provision in the Departments of Commerce, Justice,
and State, the Judiciary and Related Agencies Appropriations
Act, 2000, earmarking funds under the Small Business
Administration, Business Loans Program Account, for the New
Markets Venture Capital program, subject to authorization. By
striking this provision, the conferees intend that the
$6,000,000 originally earmarked for the New Markets Venture
Capital program, which is not yet authorized, shall instead be
used for the 7(a) General Business Loan program in fiscal year
2000.
The conferees included a new general provision (Section
8154) which authorizes a grant for the purpose of conducting
research on health effects of low level exposure to hazardous
chemicals.
The conferees included a new general provision (Section
8155) which appropriates $2,000,000 for the Oakland Military
Institute.
The conferees included a new general provision (Section
8156) which provides $10,000,000 for Operation and Maintenance,
Army contingent on resolution of the case City of San
Bernardino vs. United States.
The conferees included a new general provision (Section
8157) which allows the transfer of alloying materials stored at
the Brownfield site to Bethlehem Development Corporation.
The conferees included a new general provision (Section
8158) which appropriates $2,000,000 for the Defense Health
Program for the purpose of making a grant to the Fisher House
Foundation.
The conferees included a new general provision (Section
8159) which allows the Office of Economic Adjustment to amend a
grant for Industrial Modernization of the Philadelphia
Shipyard.
The conferees included a new general provision (Section
8160) which extends the availability of funds appropriated
under the heading Defense Reinvestment for Economic Growth in
the Supplemental Appropriations Act of 1993 (Public Law 103-
50).
The conferees included a new general provision (Section
8161) which provides $2,000,000 for a proposed conceptual
design study to examine the feasibility of a zero emissions,
steam injection process that has very promising potential for
increasing power generation efficiency, enhanced oil recovery
and carbon sequestration. These funds shall be transferred not
later than October 15, 2000, to the Fossil Energy Research and
Development program within the Department of Energy, to pursue
this study through its existing competitive process.
The conferees included a new general provision (Section
8162) which amends availability of funds provided in the
Emergency Supplemental Appropriations Act, 2000, for
Procurement of Weapons and Tracked Combat Vehicles, Army.
The conferees include a new general provision (Section
8163) which reduces funds available to several Operation and
Maintenance accounts by $71,367,000 due to growth in costs
associated with consulting and advisory services and other
contracts.
The conferees included a new general provision (Section
8164) which reduces funds available to several Operation and
Maintenance accounts by $92,700,000 due to excess funded
carryover.
The conferees included a new general provision (Section
8165) which reduces funds available to several Operation and
Maintenance accounts by $159,076,000 due to growth in the cost
of headquarters and administrative activities.
The conferees included a new general provision (Section
8166) which reduces funds available for the Overseas
Contingency Operations Transfer Fund by $1,100,000,000.
The conferees included a new title IX which provides
additional emergency supplemental appropriations for fiscal
year 2000, for unmet military personnel and readiness
requirements and potential military medical program costs and
contingency operations expenses. Funding in this title has been
provided as contingent emergency appropriations, subject to
emergency designation by the President before any obligation of
funds.
Title IX includes $1,100,000,000 in contingent emergency
appropriations for overseas contingency operations, as
discussed earlier in the statement of managers under title II,
Operation and Maintenance.
Title IX also includes $50,000,000 in contingent
emergency appropriations for ``Military Personnel, Navy'', to
meet requirements in the recruiting and retention of personnel.
The conferees direct that these funds shall be distributed as
follows:
Enlistment Bonuses...................................... $12,500,000
Selective Reenlistment Bonuses.......................... 24,000,000
Aviation Career Continuation Pay........................ 13,500,000
Title IX includes $529,000,000 in contingent emergency
appropriations for unfunded readiness requirements identified
by the military services, as discussed earlier in this
statement under Title II, Operation and Maintenance.
Title IX includes $100,000,000 in contingent emergency
appropriations for the Defense Health Program, as discussed
earlier in this statement under the Defense Health Program.
CONFERENCE TOTAL--WITH COMPARISONS
The total new budget (obligational) authority for the
fiscal year 2001 recommended by the Committee of Conference,
with comparisons to the fiscal year 2000 amount, the 2001
budget estimates, and the House and Senate bills for 2001
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2000... $273,505,522
Budget estimates of new (obligational) authority, fiscal
year 2001........................................... 284,500,986
House bill, fiscal year 2001............................ 288,512,800
Senate bill, fiscal year 2001........................... 287,630,500
Conference agreement, fiscal year 2001.................. 287,806,054
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2000.............................................. +20,053,694
Budget estimates of new (obligational) authority,
fiscal year 2001.................................. +3,305,069
House bill, fiscal year 2001........................ -706,746
Senate bill, fiscal year 2001....................... +175,554
Title IX--fiscal year 2000 supplemental............. 1,779,000
Jerry Lewis,
Bill Young,
Joe Skeen,
Dave Hobson,
Henry Bonilla,
George R. Nethercutt, Jr.,
Ernest J. Istook, Jr.,
Randy ``Duke'' Cunningham,
Jay Dickey,
Rodney Frelinghuysen,
John P. Murtha,
Norman D. Dicks,
Martin Olav Sabo,
Julian C. Dixon,
Peter J. Visclosky,
James P. Moran,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Arlen Specter,
Pete V. Domenici,
Christopher S. Bond,
Mitch McConnell,
Richard C. Shelby,
Judd Gregg,
Kay Bailey Hutchison,
Daniel K. Inouye,
Ernest Hollings,
Robert C. Byrd,
Patrick J. Leahy,
Frank R. Lautenberg,
Tom Harkin,
Byron L. Dorgan,
Richard J. Durbin,
Managers on the Part of the Senate.