65 521
2000
106 th Congress 2d Session
HOUSE OF REPRESENTATIVES
Report
106 754
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES
CONFERENCE REPORT
to accompany
H.R. 4576
[Graphic Image Not Available]
July 17, 2000.--Ordered to be printed
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES
65 521
2000
106 th Congress 2d Session
HOUSE OF REPRESENTATIVES
Report
106 754
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES
CONFERENCE REPORT
to accompany
H.R. 4576
[Graphic Image Not Available]
July 17, 2000.--Ordered to be printed
106 th 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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 Environmental Restoration Fund 25,000 25,000 60,000 60,000
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:
+20,053,694
+3,305,069
-706,746
+175,554
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.
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