[106th Congress Public Law 79]
[From the U.S. Government Printing Office]


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[DOCID: f:publ079.106]


[[Page 1211]]

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2000

[[Page 113 STAT. 1212]]

Public Law 106-79
106th Congress

                                 An Act


 
  Making <<NOTE: Oct. 25, 1999 -  [H.R. 2561]>> appropriations for the 
Department of Defense for the fiscal year ending September 30, 2000, and 
                           for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Defense Appropriations Act, 2000.>> That the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2000, 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, $22,006,361,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for 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, $17,258,823,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and

[[Page 113 STAT. 1213]]

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, $6,555,403,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty 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, 
$17,861,803,000.

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty 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, 
$2,289,996,000.

                         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, $1,473,388,000.

                     Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty 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

[[Page 113 STAT. 1214]]

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, 
$412,650,000.

                      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, 
$892,594,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 12301(d) 
of title 10 or section 502(f ) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$3,610,479,000.

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National 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, 
$1,533,196,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law;

[[Page 113 STAT. 1215]]

and not to exceed $10,624,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority of 
the Secretary of the Army, and payments may be made on his certificate 
of necessity for confidential military purposes, $19,256,152,000 and, in 
addition, $50,000,000 shall be derived by transfer from the National 
Defense Stockpile Transaction Fund: Provided, That of the funds made 
available under this heading, $5,000,000, to remain available until 
expended, shall be transferred to ``National Park Service--
Construction'' within 30 days of the enactment of this Act, only for 
necessary infrastructure repair improvements at Fort Baker, under the 
management of the Golden Gate Recreation Area: Provided further, That of 
the funds appropriated in this paragraph, not less than $355,000,000 
shall be made available only for conventional ammunition care and 
maintenance: Provided further, That of the funds appropriated under this 
heading, $4,000,000 shall not be available until 30 days after the 
Secretary of the Army provides to the congressional defense committees 
the results of an assessment, solicited by means of a competitive bid, 
on the prospects of recovering costs associated with the environmental 
restoration of the Department of the Army's government-owned, 
contractor-operated facilities: Provided further, That of the funds made 
available under this heading, $7,000,000 shall only be available to the 
Secretary of the Army, acting through the Chief of Engineers, only for 
demolition and removal of facilities, buildings, and structures used at 
MOTBY (a Military Traffic Management Command facility): Provided 
further, That notwithstanding section 2215 of title 10, United States 
Code, of the funds appropriated in this paragraph, $975,666 is 
authorized to be transferred to the Presidential Advisory Commission on 
Holocaust Assets in the United States, to remain available until March 
31, 2001.

                     Operation and Maintenance, Navy

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $5,155,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$22,958,784,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction 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, 
$2,808,354,000.

                  Operation and Maintenance, Air Force

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,882,000 can be used for emergencies and

[[Page 113 STAT. 1216]]

extraordinary expenses, to be expended on the approval or authority of 
the Secretary of the Air Force, and payments may be made on his 
certificate of necessity for confidential military purposes, 
$20,896,959,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund: Provided, 
That, notwithstanding any other provision of law, that of the funds 
available under this heading, $950,000 shall only be available to the 
Secretary of the Air Force for a grant to Florida Memorial College for 
the purpose of funding minority aviation training.

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$11,489,483,000, of which not to exceed $25,000,000 may be available for 
the CINC initiative fund account; and of which not to exceed $32,300,000 
can be used for emergencies and 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 appropriated under the heading 
``Operation and Maintenance, Defense-Wide'' in division B, title I, of 
Public Law 105-277, the amount of $202,000,000 not covered as of July 
12, 1999, by an official budget request under the fifth proviso of that 
section is available, subject to such an official budget request for 
that entire amount, only for the following accounts in the specified 
amounts:
            ``Other Procurement, Air Force'', $102,000,000; and
            ``Procurement, Defense-Wide'', $100,000,000:

Provided further, That none of the amount of $202,000,000 described in 
the preceding proviso may be made available for obligation unless the 
entire amount is released to the Department of Defense and made 
available for obligation for the accounts, and in the amounts, specified 
in the preceding proviso: Provided further, That of the amounts provided 
under this heading, $20,000,000 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: Provided further, That of the funds made available 
under this heading, $10,000,000 shall be available only for retrofitting 
security containers that are under the control of, or that are 
accessible by, defense contractors.

                 Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation;

[[Page 113 STAT. 1217]]

care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,469,176,000.

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and 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, $958,978,000.

             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, $138,911,000.

              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, $1,782,591,000.

             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), $3,161,378,000.

              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

[[Page 113 STAT. 1218]]

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, $3,241,138,000.

              Overseas Contingency Operations Transfer Fund

                      (including transfer of funds)

    For expenses directly relating to Overseas Contingency Operations by 
United States military forces, $1,722,600,000, to remain available until 
expended: Provided, That the Secretary of Defense may transfer these 
funds only to operation and maintenance accounts within this title, the 
Defense Health Program appropriation, and to working capital funds: 
Provided further, That the funds transferred shall be merged with and 
shall be available for the same purposes and for the same time period, 
as the appropriation to which transferred: Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided further, 
That the transfer authority provided in this paragraph is in addition to 
any other transfer authority contained elsewhere in this Act.

           United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $7,621,000, of which not to exceed $2,500 
can be used for official representation purposes.

                     Environmental Restoration, Army

                      (including transfer of funds)

    For the Department of the Army, $378,170,000, to remain available 
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, $284,000,000, to remain available 
until transferred: Provided, That the Secretary of the Navy

[[Page 113 STAT. 1219]]

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, $376,800,000, 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, $25,370,000, 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, $239,214,000, 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

[[Page 113 STAT. 1220]]

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), $55,800,000, to remain available until 
September 30, 2001.

                  Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by 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, $460,500,000, to remain available until September 30, 2002: 
Provided, That of the amounts provided under this heading, $25,000,000 
shall be available only to support the dismantling 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), 
$300,000,000, 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, 2001, as 
follows:
            Army, $77,000,000;
            Navy, $77,000,000;
            Marine Corps, $58,500,000;
            Air Force, $77,000,000; and
            Defense-Wide, $10,500,000:

Provided, That notwithstanding any other provision of law, of the funds 
appropriated under this 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

[[Page 113 STAT. 1221]]

local educational authority provided pursuant to the provisions under 
this heading shall not exceed $1,500,000.

                    Pentagon Renovation Transfer Fund

    For expenses, not otherwise provided for, resulting from the 
Department of Defense renovation of the Pentagon Reservation, 
$222,800,000, for the renovation of the Pentagon Reservation, which 
shall remain available for obligation until September 30, 2001.

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare 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, $1,451,688,000, to remain available for obligation until 
September 30, 2002.

                        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, $1,322,305,000, to remain available for obligation until 
September 30, 2002.

        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

[[Page 113 STAT. 1222]]

expenses necessary for the foregoing purposes, $1,586,490,000, to remain 
available for obligation until September 30, 2002.

                     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, $1,204,120,000, to remain available for obligation until 
September 30, 2002.

                         Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of not to exceed 36 passenger motor vehicles for 
replacement only; and the purchase of three vehicles required for 
physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $200,000 per vehicle; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; 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, $3,738,934,000, to 
remain available for obligation until September 30, 2002.

                       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, 
$8,662,655,000, to remain available for obligation until September 30, 
2002.

                        Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary

[[Page 113 STAT. 1223]]

therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $1,383,413,000, to remain available 
for obligation until September 30, 2002.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, 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, $525,200,000, to remain available for obligation until 
September 30, 2002.

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, 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:
            NSSN (AP), $748,497,000;
            CVN-77 (AP), $751,540,000;
            CVN Refuelings (AP), $345,565,000;
            DDG-51 destroyer program, $2,681,653,000;
            LPD-17 amphibious transport dock ship, $1,508,338,000;
            LHD-8 (AP), $375,000,000;
            ADC(X), $439,966,000;
            LCAC landing craft air cushion program, $31,776,000; and
            For craft, outfitting, post delivery, conversions, and first 
        destination transportation, $171,119,000;

    In all: $7,053,454,000, to remain available for obligation until 
September 30, 2004: Provided, That additional obligations may be 
incurred after September 30, 2004, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the 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

[[Page 113 STAT. 1224]]

the authority to enter into a contract for an LHD-1 Amphibious Assault 
Ship which shall be funded on an incremental basis.

                         Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except ordnance 
for new aircraft, new ships, and ships authorized for conversion); the 
purchase of not to exceed 50 passenger motor vehicles for replacement 
only; expansion of public and private 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, $4,320,238,000, to remain 
available for obligation until September 30, 2002.

                        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 43 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, $1,300,920,000, to remain available for obligation 
until September 30, 2002.

                     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, $8,228,630,000, to remain available for 
obligation until September 30, 2002.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and 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

[[Page 113 STAT. 1225]]

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, $2,211,407,000, to remain available for obligation until 
September 30, 2002.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; 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, $442,537,000, to remain available for obligation until 
September 30, 2002.

                      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 53 
passenger motor vehicles for replacement only; 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, $7,146,157,000, to 
remain available for obligation until September 30, 2002.

                        Procurement, Defense-Wide

                      (including transfer of funds)

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments) necessary for procurement, 
production, and modification of equipment, supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of not to 
exceed 103 passenger motor vehicles for replacement only; the purchase 
of seven 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, $2,249,566,000, to 
remain available for obligation until September 30, 2002: Provided, That 
of the funds available under this heading, not less than $39,491,000, 
including $6,000,000 derived by transfer from

[[Page 113 STAT. 1226]]

``Research, Development, Test and Evaluation, Defense-Wide'', shall be 
available only to support Electronic Commerce Resource Centers.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces, $150,000,000, to remain available for 
obligation until September 30, <<NOTE: Deadline.>> 2002: Provided, That 
the Chiefs of the Reserve and National Guard components shall, not later 
than 30 days after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective Reserve or National Guard component.

                    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 to remain available until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $5,266,601,000, to 
remain available for obligation until September 30, 2001.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $9,110,326,000, to 
remain available for obligation until September 30, 2001: Provided, That 
funds appropriated in this paragraph which are available for the V-22 
may be used to meet unique requirements of the Special Operation Forces: 
Provided further, That of the funds available under this heading, no 
more than $7,000,000 shall be available only to initiate a cost 
improvement program for the Intercooled Recuperated Gas Turbine Engine 
program: Provided further, That the funds identified in the immediately 
preceding proviso shall be made available only if the Secretary of the 
Navy certifies to the congressional defense committees that binding 
commitments to finance the remaining cost of the ICR cost improvement 
program have been secured from non-federal sources: Provided further, 
That should the Secretary of the Navy fail to make the certification 
required in the immediately preceding proviso by July 31, 2000, the 
Secretary shall make the funds subject to such certification available 
for DD-21 ship propulsion risk reduction: Provided further, That the 
Department of Defense shall not

[[Page 113 STAT. 1227]]

pay more than one-third of the cost of the Intercooled Recuperated Gas 
Turbine Engine cost improvement program.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $13,674,537,000, to 
remain available for obligation until September 30, 2001.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military 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, $9,256,705,000, to remain 
available for obligation until September 30, 2001: Provided, That of the 
amount appropriated in section 102 of division B, title I, of Public Law 
105-277 (112 Stat. 2681-558), the amount of $230,000,000 not covered as 
of July 12, 1999, by an official budget request under the third proviso 
of that section is available, subject to such an official budget request 
for that entire amount, only for the following programs in the specified 
amounts:
            ``Theater High-Altitude Area Defense System--TMD-EMD'', 
        $38,000,000;
            ``PATRIOT PAC-3 Theater Missile Defense Acquisition--EMD'', 
        $75,000,000; and
            ``National Missile Defense Dem/Val'', $117,000,000:

Provided further, That none of the amount of $230,000,000 described in 
the preceding proviso may be made available for obligation unless the 
entire amount is released to the Department of Defense and made 
available for obligation for the programs, and in the amounts, specified 
in the preceding proviso.

               Developmental Test and Evaluation, Defense

    For expenses, not otherwise provided for, of independent activities 
of the Director, Test and Evaluation in the direction and supervision of 
developmental test and evaluation, including performance and joint 
developmental testing and evaluation; and administrative expenses in 
connection therewith, $265,957,000, to remain available for obligation 
until September 30, 2001.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and 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, $31,434,000, to remain available for obligation 
until September 30, 2001.

[[Page 113 STAT. 1228]]

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For the Defense Working Capital Funds, $90,344,000: Provided, That 
during fiscal year 2000, funds in the Defense Working Capital Funds may 
be used for the purchase of not to exceed 295 passenger motor vehicles 
for replacement only for the Defense Security Service.

                      National Defense Sealift Fund

    For 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), $717,200,000, 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.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law, 
$11,154,617,000, of which $10,522,647,000 shall be for Operation and 
maintenance, of which not to exceed 2 percent shall remain available 
until September 30, 2001; of which $356,970,000, to remain available for 
obligation until September 30, 2002, shall be for Procurement; and of 
which $275,000,000, to remain available for obligation until September 
30, 2001, shall be for Research, development, test and evaluation.

             Chemical Agents and Munitions Destruction, Army

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents and 
munitions in accordance with the provisions of section 1412

[[Page 113 STAT. 1229]]

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, $1,029,000,000, of which $543,500,000 
shall be for Operation and maintenance to remain available until 
September 30, 2001, $191,500,000 shall be for Procurement to remain 
available until September 30, 2002, and $294,000,000 shall be for 
Research, development, test and evaluation to remain available until 
September 30, 2001: Provided, That of the funds available under this 
heading, $1,000,000 shall be available until expended each year only for 
a Johnston Atoll off-island leave program: Provided further, That the 
Secretaries concerned shall, pursuant to uniform regulations, prescribe 
travel and transportation allowances for travel by participants in the 
off-island leave program.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation, $847,800,000: Provided, That of the 
funds appropriated under this heading, $10,800,000 is hereby transferred 
to appropriations available for ``Military Construction, Air Force'' for 
fiscal year 2000, and the transferred funds shall be available for 
study, planning, design, architect and engineer services at forward 
operating locations in the area of responsibility of the United States 
Southern Command: Provided further, That the funds appropriated under 
this heading shall be available for obligation for the same time period 
and for the same purpose as the appropriation to which transferred: 
Provided further, That the transfer authority provided under this 
heading is in addition to any transfer authority contained elsewhere in 
this Act.

                     Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $137,544,000, of which $136,244,000 shall be for Operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval or 
authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $1,300,000 to remain available until September 
30, 2002, shall be for Procurement.

[[Page 113 STAT. 1230]]

                                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 proper funding level for continuing 
the operation of the Central Intelligence Agency Retirement and 
Disability System, $209,100,000.

                Intelligence Community Management Account

                      (including transfer of funds)

    For necessary expenses of the Intelligence Community Management 
Account, $158,015,000, of which $34,923,000 for the Advanced Research 
and Development Committee shall remain available until September 30, 
2001: Provided, That of the funds appropriated under this heading, 
$27,000,000 shall be transferred to the Department of Justice for the 
National Drug Intelligence Center to support the Department of Defense's 
counter-drug intelligence responsibilities, and of the said amount, 
$1,500,000 for Procurement shall remain available until September 30, 
2002, and $1,000,000 for Research, development, test and evaluation 
shall remain available until September 30, 2001.

Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental 
                            Restoration Fund

    For payment to Kaho'olawe Island Conveyance, Remediation, and 
Environmental Restoration Fund, as authorized by law, $35,000,000, to 
remain available until expended.

                 National Security Education Trust Fund

    For the purposes of title VIII of Public Law 102-183, $8,000,000, to 
be derived from the National Security Education Trust 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. <<NOTE: 10 USC 1584 note.>> 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,

[[Page 113 STAT. 1231]]

whichever is higher: Provided further, That this section shall not apply 
to Department of Defense foreign service national employees serving at 
United States diplomatic missions whose pay is set by the Department of 
State under the Foreign Service Act of 1980: Provided further, That the 
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 
$1,600,000,000 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 <<NOTE: Notification.>> 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

[[Page 113 STAT. 1232]]

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. <<NOTE: 10 USC 2306b note.>> 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:
            Longbow Apache Helicopter; Javelin missile; Abrams M1A2 
        Upgrade; F/A-18E/F aircraft; C-17 aircraft; and F-16 aircraft.

    Sec. 8009. <<NOTE: 10 USC 401 note.>> 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. <<NOTE: Reports.>> 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, <<NOTE: Territories.>> 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

[[Page 113 STAT. 1233]]

Islands, the Marshall Islands, the Federated States of Micronesia, 
Palau, and Guam.

    Sec. 8010. (a) During fiscal year 2000, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) <<NOTE: Budget.>> The fiscal year 2001 budget request for the 
Department of Defense as well as all justification material and other 
documentation supporting the fiscal year 2001 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 2001.

    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8011. Notwithstanding any other provision of law, none of the 
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

[[Page 113 STAT. 1234]]

reenlisted with this option prior to October 1, 1987: Provided further, 
That this subsection applies only to active components of the Army.
    Sec. 8014. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the enactment 
of this Act, is performed by more than 10 Department of Defense civilian 
employees until a most efficient and cost-effective organization 
analysis is completed on such activity or function and certification of 
the analysis is made to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided, That this section and 
subsections (a), (b), and (c) of 10 U.S.C. 2461 shall not apply to a 
commercial or industrial type function of the Department of Defense 
that: (1) is included on the procurement list established pursuant to 
section 2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred 
to as the Javits-Wagner-O'Day Act; (2) is planned to be converted to 
performance by a qualified nonprofit agency for the blind or by a 
qualified nonprofit agency for other severely handicapped individuals in 
accordance with that Act; or (3) is planned to be converted to 
performance by a qualified firm under 51 percent Native American 
ownership.

                           (transfer of funds)

    Sec. 8015. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental assistance agreement 
pursuant to section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as amended, 
under the authority of this provision or any other transfer authority 
contained in this Act.
    Sec. 8016. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and agencies) 
of welded shipboard anchor and mooring chain 4 inches in diameter and 
under unless the anchor and mooring chain are manufactured in the United 
States from components which are substantially manufactured in the 
United States: Provided, That for the purpose of this section 
manufactured will include cutting, heat treating, quality control, 
testing of chain and welding (including the forging and shot blasting 
process): Provided further, That for the purpose of this section 
substantially all of the components of anchor and mooring chain shall be 
considered to be produced or manufactured in the United States if the 
aggregate cost of the components produced or manufactured in the United 
States exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations 
that such an acquisition must be made in order to acquire capability for 
national security purposes.
    Sec. 8017. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) shall be available for the reimbursement

[[Page 113 STAT. 1235]]

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, <<NOTE: Regulations.>> That this 
limitation does not apply in the case of inpatient mental health 
services provided under the program for the handicapped under subsection 
(d) of section 1079 of title 10, United States Code, provided as 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. <<NOTE: 10 USC 2687 note.>> 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 2001 shall identify such sums 
anticipated in residual value settlements, and identify such 
construction, real property maintenance or base operating costs that 
shall be funded by the host nation through such credits: Provided 
further, That all military construction projects to be executed from 
such accounts must be previously approved in a prior Act of Congress: 
Provided further, <<NOTE: Reports.>> 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. Notwithstanding any other provision of law, none of the 
funds appropriated by this Act shall be available to pay more than 50 
percent of an amount paid to any person under section 308 of title 37, 
United States Code, in a lump sum.
    Sec. 8022. 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

[[Page 113 STAT. 1236]]

Capital Region: Provided, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
congressional defense committees that such a relocation is required in 
the best interest of the Government.
    Sec. 8023. A member of a reserve component whose unit or whose 
residence is located in a State which is not contiguous with another 
State is authorized to travel in a space required status on aircraft of 
the Armed Forces between home and place of inactive duty training, or 
place of duty in lieu of unit training assembly, when there is no road 
or railroad transportation (or combination of road and railroad 
transportation between those locations): Provided, That a member 
traveling in that status on a military aircraft pursuant to the 
authority provided in this section is not authorized to receive travel, 
transportation, or per diem allowances in connection with that travel.
    Sec. 8024. In addition to the funds provided elsewhere in this Act, 
$8,000,000 is appropriated only for incentive payments authorized by 
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That contractors participating in the test program established 
by section 854 of Public Law 101-189 (15 U.S.C. 637 note) shall be 
eligible for the program established by section 504 of the Indian 
Financing Act of 1974 (25 U.S.C. 1544).
    Sec. 8025. During the current fiscal year, funds appropriated or 
otherwise available for any Federal agency, the Congress, the judicial 
branch, or the District of Columbia may be used for the pay, allowances, 
and benefits of an employee as defined by section 2105 of title 5, 
United States Code, or an individual employed by the government of the 
District of Columbia, permanent or 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.

[[Page 113 STAT. 1237]]

    Sec. 8026. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of 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. 8027. 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. 8028. 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. 8029. None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather 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. 8030. (a) Of the funds for the procurement of supplies or 
services appropriated by this Act, qualified nonprofit agencies for the 
blind or other severely handicapped 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. 8031. 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. 8032. 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. 8033. Of the funds made available in this Act, not less than 
$26,588,000 shall be available for the Civil Air Patrol Corporation, of 
which $22,888,000 shall be available for Civil Air Patrol Corporation 
operation and maintenance to support readiness activities which includes 
$1,418,000 for the Civil Air Patrol counterdrug program: Provided, That 
funds identified for ``Civil Air Patrol'' under

[[Page 113 STAT. 1238]]

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. 8034. (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 2000 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
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 2000, not more than 6,206 
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 1,105 staff years may be funded for the 
defense studies and analysis FFRDCs.
    (e) <<NOTE: Reports.>> The Secretary of Defense shall, with the 
submission of the department's fiscal year 2001 budget request, submit a 
report presenting the specific amounts of staff years of technical 
effort to be allocated for each defense FFRDC during that fiscal year.

    Sec. 8035. None of the funds appropriated or made available in this 
Act shall be used to procure carbon, alloy or armor steel plate for use 
in any Government-owned facility or property under the control of the 
Department of Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement restrictions shall 
apply to any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) 
specifications of carbon, alloy or armor steel plate: Provided further, 
That the Secretary of the military department responsible for the 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of 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.

[[Page 113 STAT. 1239]]

    Sec. 8036. For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8037. During the current fiscal year, the 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. 8038. <<NOTE: 41 USC 10b-2.>> (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) <<NOTE: Reports.>> 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 2000. Such report shall separately 
indicate the dollar value of items for which the Buy American Act was 
waived pursuant to any agreement described in subsection (a)(2), the 
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or 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. 8039. 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. 8040. 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

[[Page 113 STAT. 1240]]

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. 8041. During the current fiscal year, appropriations available 
to the Department of Defense may be used to reimburse a member of a 
reserve component of the Armed Forces who is not otherwise entitled to 
travel and transportation allowances and who occupies transient 
Government housing while performing active duty for training or inactive 
duty training: Provided, That such members may be provided lodging in 
kind if transient Government quarters are unavailable as if the member 
was entitled to such allowances under subsection (a) of section 404 of 
title 37, United States Code: Provided further, That if lodging in kind 
is provided, any authorized service charge or cost of such lodging may 
be paid directly from funds appropriated for operation and maintenance 
of the reserve component of the member concerned.
    Sec. 8042. <<NOTE: President. Budget. 10 USC 221 note.>> 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. 8043. Notwithstanding any other provision of law, funds 
available for ``Drug Interdiction and Counter-Drug Activities, Defense'' 
may be obligated for the Young Marines program.
    Sec. 8044. During the current fiscal year, amounts 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 <<NOTE: Reports.>> 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 2000 and 2001, and the specific 
expenditures to be made using funds transferred from this account during 
fiscal year 2000.

    Sec. 8045. 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. 8046. 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. 8047. (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

[[Page 113 STAT. 1241]]

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) <<NOTE: Budget.>> The fiscal year 2001 budget request for the 
Department of Defense as well as all justification material and other 
documentation supporting the fiscal year 2001 Department of Defense 
budget shall be prepared and submitted to the Congress on the basis that 
any equipment which was classified as an end item and funded in a 
procurement appropriation contained in this Act shall be budgeted for in 
a proposed fiscal year 2001 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. 8048. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for obligation 
beyond the current fiscal year, except for funds appropriated for the 
Reserve for Contingencies, which shall remain available until September 
30, 2001: Provided, <<NOTE: 50 USC 403u note.>> 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. 8049. 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. 8050. Of the funds appropriated by the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $8,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
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. 8051. 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. 8052. 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. 8053. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with the Buy American Act. For purposes of 
this subsection, the term ``Buy American Act'' means title III of the 
Act entitled ``An Act making appropriations

[[Page 113 STAT. 1242]]

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. 8054. 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. 8055. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        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. 8056. Funds appropriated by this Act and in Public Law 105-277, 
or made available by the transfer of funds in this Act and in Public Law 
105-277 for intelligence activities are deemed

[[Page 113 STAT. 1243]]

to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2000 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2000.
    Sec. 8057. 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: Provided further, That 
notwithstanding any other provision of law, not more than $4,650,000 of 
the funds provided under the heading ``Operation and Maintenance, Army'' 
in title II of this Act shall be available to the Secretary of the Army, 
acting through the Chief of Engineers, only for demolition and removal 
of facilities, buildings, and structures formerly used as a District 
Headquarters Office by the Corps of Engineers (Northwest Division, 
CENWW, Washington State), as described in the study conducted regarding 
the headquarters pursuant to the Energy and Water Development 
Appropriations Act, 1992 (Public Law 102-104; 105 Stat. 511).

                              (rescissions)

    Sec. 8058. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded as of the 
date of the enactment of this Act, from the following accounts and 
programs in the specified amounts:
            ``Other Procurement, Navy, 1998/2000'', $2,167,000;
            ``Aircraft Procurement, Air Force, 1998/2000'', $15,800,000;
            ``Other Procurement, Army, 1999/2001'', $13,700,000;
            ``Aircraft Procurement, Navy, 1999/2001'', $41,500,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1999/2003'':
                    New Attack Submarine, $32,400,000;
                    CVN-69, $11,400,000;
            ``Other Procurement, Navy, 1999/2001'', $13,784,000;
            ``Aircraft Procurement, Air Force, 1999/2001'', $29,729,000;
            ``Missile Procurement, Air Force, 1999/2001'', $130,000,000;
            ``Research, Development, Test and Evaluation, Army, 1999/
        2000'', $5,400,000;
            ``Research, Development, Test and Evaluation, Navy, 1999/
        2000'', $14,900,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        1999/2000'', $15,900,000; and
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        1999/2000'', $23,500,000.

    Sec. 8059. None of the funds 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. 8060. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance

[[Page 113 STAT. 1244]]

to the Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
    Sec. 8061. 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. 8062. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Unified and Specified Commands 
and Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred against 
appropriations for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or counterintelligence 
support to Unified 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. 8063. 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, 1999 level: Provided, That the Service Surgeons 
General may waive this section by certifying to the congressional 
defense committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be consistent with 
responsible resource stewardship and capitation-based budgeting.

                      (including transfer of funds)

    Sec. 8064. (a) None of the funds appropriated in this Act may be 
transferred to or obligated 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.
    (b) The Secretary shall, in conjunction with the Pentagon 
Renovation, design and construct secure secretarial offices and support 
facilities and security-related changes to the subway entrance at the 
Pentagon Reservation.
    Sec. 8065. <<NOTE: 10 USC 374 note.>> (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) <<NOTE: 50 USC 403f note.>> 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.

[[Page 113 STAT. 1245]]

                           (transfer of funds)

    Sec. 8066. 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. 8067. None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, That the 
Secretary of the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to acquire capability 
for national security purposes.
    Sec. 8068. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa, and funds available to the 
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. 8069. 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. 8070. Notwithstanding any other provision of law, the Naval 
shipyards of the United States shall be eligible to participate in any 
manufacturing extension program financed by funds appropriated in this 
or any other Act.
    Sec. 8071. 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. 8072. 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

[[Page 113 STAT. 1246]]

the funds in this Act shall be obligated or expended to transport Army 
personnel into Edwards Air Force Base for training rotations at the 
National Training Center.
    Sec. 8073. <<NOTE: Reports.>> (a) The Secretary of Defense shall 
submit, on a quarterly basis, a report to the congressional defense 
committees, the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
setting forth all costs (including incremental costs) incurred by the 
Department of Defense during the preceding quarter in implementing or 
supporting resolutions of the United Nations Security Council, including 
any such resolution calling for international sanctions, international 
peacekeeping operations, and humanitarian missions undertaken by the 
Department of Defense. The quarterly report shall include an aggregate 
of all such Department of Defense costs by operation or mission.

    (b) The Secretary of Defense shall detail in the quarterly reports 
all efforts made to seek credit against past United Nations expenditures 
and all efforts made to seek compensation from the United Nations for 
costs incurred by the Department of Defense in implementing and 
supporting United Nations activities.
    Sec. 8074. (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 <<NOTE: Applicability.>> 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. 8075. <<NOTE: Loans.>> 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

[[Page 113 STAT. 1247]]

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, <<NOTE: Reports.>> 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. 8076. None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of the 
        normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

    Sec. 8077. (a) None of the funds appropriated or otherwise made 
available in this Act may be used to transport or provide for the 
transportation of chemical munitions or agents to the 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. 8078. 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. 8079. During the current fiscal year, no more than $10,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8080. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered to 
be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations

[[Page 113 STAT. 1248]]

in any prior year, and the 1 percent limitation shall apply to the total 
amount of the appropriation.
    Sec. 8081. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in 
        the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.

                           (transfer of funds)

    Sec. 8082. Upon the enactment of this Act, the Secretary of Defense 
shall make the following transfers of funds: Provided, That the amounts 
transferred shall be available for the same purposes as the 
appropriations to which transferred, and for the same time period as the 
appropriation from which transferred: Provided further, That the amounts 
shall be transferred between the following appropriations in the amount 
specified:
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1988/2001'':
                          SSN-688 attack submarine program, $6,585,000;
                          CG-47 cruiser program, $12,100,000;
                          Aircraft carrier service life extension 
                      program, $202,000;
                          LHD-1 amphibious assault ship program, 
                      $2,311,000;
                          LSD-41 cargo variant ship program, $566,000;
                          T-AO fleet oiler program, $3,494,000;
                          AO conversion program, $133,000;
                          Craft, outfitting, and post delivery, 
                      $1,688,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1995/2001'':
                          DDG-51 destroyer program, $27,079,000;
            From:

[[Page 113 STAT. 1249]]

                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1989/2000'':
                          DDG-51 destroyer program, $13,200,000;
                          Aircraft carrier service life extension 
                      program, $186,000;
                          LHD-1 amphibious assault ship program, 
                      $3,621,000;
                          LCAC landing craft, air cushioned program, 
                      $1,313,000;
                          T-AO fleet oiler program, $258,000;
                          AOE combat support ship program, $1,078,000;
                          AO conversion program, $881,000;
                          T-AGOS drug interdiction conversion, $407,000;
                          Outfitting and post delivery, $219,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2000'':
                          LPD-17 amphibious transport dock ship, 
                      $21,163,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1990/2002'':
                          SSN-688 attack submarine program, $5,606,000;
                          DDG-51 destroyer program, $6,000,000;
                          ENTERPRISE refueling/modernization program, 
                      $2,306,000;
                          LHD-1 amphibious assault ship program, 
                      $183,000;
                          LSD-41 dock landing ship cargo variant 
                      program, $501,000;
                          LCAC landing craft, air cushioned program, 
                      $345,000;
                          MCM mine countermeasures program, $1,369,000;
                          Moored training ship demonstration program, 
                      $1,906,000;
                          Oceanographic ship program, $1,296,000;
                          AOE combat support ship program, $4,086,000;
                          AO conversion program, $143,000;
                          Craft, outfitting, post delivery, and ship 
                      special support equipment, $1,209,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1990/2002'':
                          T-AGOS surveillance ship program, $5,000,000;
                          Coast Guard icebreaker program, $8,153,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2002'':
                          LPD-17 amphibious transport dock ship, 
                      $7,192,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1998/2002'':
                          CVN refuelings, $4,605,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1991/2001'':
                          SSN-21(AP) attack submarine program, 
                      $1,614,000;

[[Page 113 STAT. 1250]]

                          LHD-1 amphibious assault ship program, 
                      $5,647,000;
                          LSD-41 dock landing ship cargo variant 
                      program, $1,389,000;
                          LCAC landing craft, air cushioned program, 
                      $330,000;
                          AOE combat support ship program, $1,435,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1998/2001'':
                          CVN refuelings, $10,415,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1992/2001'':
                          SSN-21 attack submarine program, $11,983,000;
                          Craft, outfitting, post delivery, and DBOF 
                      transfer, $836,000;
                          Escalation, $5,378,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1998/2001'':
                          CVN refuelings, $18,197,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1993/2002'':
                          Carrier replacement program (AP), $30,332,000;
                          LSD-41 cargo variant ship program, $676,000;
                          AOE combat support ship program, $2,066,000;
                          Craft, outfitting, post delivery, and first 
                      destination transportation, and inflation 
                      adjustments, $2,127,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1998/2002'':
                          CVN refuelings, $29,844,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1999/2002'':
                          Craft, outfitting, post delivery, conversions, 
                      and first destination transportation, $5,357,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1994/2003'':
                          LHD-1 amphibious assault ship program, 
                      $23,900,000;
                          Oceanographic ship program, $9,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1994/2003'':
                          DDG-51 destroyer program, $18,349,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1995/1999'':
                          DDG-51 destroyer program, $5,383,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2000'':
                          LPD-17 amphibious transport dock ship, 
                      $168,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1999/2003'':

[[Page 113 STAT. 1251]]

                          Craft, outfitting, post delivery, conversions, 
                      and first destination transportation, $9,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2000'':
                          SSN-21 attack submarine program, $10,100,000;
                          LHD-1 amphibious assault ship program, 
                      $7,100,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2000'':
                          DDG-51 destroyer program, $3,723,000;
                          LPD-17 amphibious transport dock ship, 
                      $13,477,000.

    Sec. 8083. <<NOTE: Deadline. Reports.>> The Under Secretary of 
Defense (Comptroller) shall submit to the congressional defense 
committees by February 1, 2000, 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 2001 budget request was reduced 
because the Congress appropriated funds above the President's budget 
request for that specific activity for fiscal year 2000.

    Sec. 8084. 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. 8085. During the current fiscal year, the Secretary of Defense 
may waive reimbursement of the cost of conferences, seminars, courses of 
instruction, or similar educational activities of the Asia-Pacific 
Center for Security Studies for military officers and civilian officials 
of foreign nations if the Secretary determines that attendance by such 
personnel, without reimbursement, is in the national security interest 
of the United States: Provided, That costs for which reimbursement is 
waived pursuant to this subsection shall be paid from appropriations 
available for the Asia-Pacific Center.
    Sec. 8086. (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. 8087. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
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

[[Page 113 STAT. 1252]]

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. 8088. 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. 8089. None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
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.

                              (rescissions)

    Sec. 8090. Of the funds provided in the Department of Defense 
Appropriations Act, 1999 (Public Law 105-262), $452,100,000, to reflect 
savings from revised economic assumptions, is hereby rescinded as of the 
date of the enactment of this Act, or October 1, 1999, whichever is 
later, from the following accounts in the specified amounts:
            ``Aircraft Procurement, Army'', $8,000,000;
            ``Missile Procurement, Army'', $7,000,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, 
        Army'', $9,000,000;
            ``Procurement of Ammunition, Army'', $6,000,000;
            ``Other Procurement, Army'', $19,000,000;
            ``Aircraft Procurement, Navy'', $44,000,000;
            ``Weapons Procurement, Navy'', $8,000,000;
            ``Procurement of Ammunition, Navy and Marine Corps'', 
        $3,000,000;
            ``Shipbuilding and Conversion, Navy'', $37,000,000;
            ``Other Procurement, Navy'', $23,000,000;
            ``Procurement, Marine Corps'', $5,000,000;
            ``Aircraft Procurement, Air Force'', $46,000,000;
            ``Missile Procurement, Air Force'', $14,000,000;
            ``Procurement of Ammunition, Air Force'', $2,000,000;
            ``Other Procurement, Air Force'', $44,400,000;
            ``Procurement, Defense-Wide'', $5,200,000;
            ``Chemical Agents and Munitions Destruction, Army'', 
        $5,000,000;
            ``Research, Development, Test and Evaluation, Army'', 
        $20,000,000;
            ``Research, Development, Test and Evaluation, Navy'', 
        $40,900,000;
            ``Research, Development, Test and Evaluation, Air Force'', 
        $76,900,000; and

[[Page 113 STAT. 1253]]

            ``Research, Development, Test and Evaluation, Defense-
        Wide'', $28,700,000:

Provided, That these reductions shall be applied proportionally to each 
budget activity, activity group and subactivity group and each program, 
project, and activity within each appropriation account.
    Sec. 8091. <<NOTE: Budget. 10 USC 221 note.>> The budget of the 
President for fiscal year 2001 submitted to the Congress pursuant to 
section 1105 of title 31, United States Code, and each annual budget 
request thereafter, shall include budget activity groups (known as 
``subactivities'') in all appropriations accounts provided in this Act, 
as may be necessary, to separately identify all costs incurred by the 
Department of Defense to support the North Atlantic Treaty Organization 
and all Partnership For Peace programs and initiatives. The budget 
justification materials submitted to the Congress in support of the 
budget of the Department of Defense for fiscal year 2001, and subsequent 
fiscal years, shall provide complete, detailed estimates for all such 
costs.

    Sec. 8092. None of the funds made available in this Act may be used 
to approve or license the sale of the F-22 advanced tactical fighter to 
any foreign government.
    Sec. 8093. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign 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.
    (d) None of the funds appropriated or otherwise provided for the 
Department of Defense in this or any other Act for any fiscal year may 
be obligated or expended for procurement of a nuclear-capable shipyard 
crane from a foreign source. Subsection (a) does not apply to the 
limitation in the preceding sentence.
    Sec. 8094. Funds made available to the Civil Air Patrol in this Act 
under the heading ``Drug Interdiction and Counter-Drug Activities, 
Defense'' may be used for the Civil Air Patrol Corporation's counterdrug 
program, including its demand reduction program involving youth 
programs, as well as operational and training

[[Page 113 STAT. 1254]]

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 of 
these funds, $300,000 shall be made available to establish and operate a 
distance learning program: Provided further, That the Department of the 
Air Force should waive reimbursement from the Federal, State, and local 
government agencies for the use of these funds.
    Sec. 8095. <<NOTE: 10 USC 1073 note.>> Notwithstanding any other 
provision of law, the TRICARE managed care support contracts in effect, 
or in final stages of acquisition as of September 30, 1999, may be 
extended for 2 years: Provided, That any such extension may only take 
place if the 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, 1999, 
may include a base contract period for transition and up to seven 1-year 
option periods.

    Sec. 8096. None of the funds in this Act may be used to compensate 
an employee of the Department of Defense who initiates a new start 
program without notification to the Office of the Secretary of Defense, 
the Office of Management and Budget, and the congressional defense 
committees, as required by Department of Defense financial management 
regulations.
    Sec. 8097. In addition to the amounts provided elsewhere in this 
Act, notwithstanding any other provision of law, $5,000,000 is hereby 
appropriated to the Office of the Secretary of Defense, and is available 
only for a grant to the Women in Military Service for America Memorial 
Foundation, Inc., only for costs associated with completion of the 
``Women in Military Service For America'' memorial at Arlington National 
Cemetery.
    Sec. 8098. Training and Other Programs. (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 <<NOTE: Deadline.>> 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

[[Page 113 STAT. 1255]]

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. 8099. 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. 8100. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $123,200,000 
to reflect savings from the pay of civilian personnel, to be distributed 
as follows:
            ``Operation and Maintenance, Army'', $30,900,000;
            ``Operation and Maintenance, Navy'', $66,600,000;
            ``Operation and Maintenance, Air Force'', $9,200,000; and
            ``Operation and Maintenance, Defense-Wide'', $16,500,000.

    Sec. 8101. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $171,000,000 
to reflect savings from favorable foreign currency fluctuations, to be 
distributed as follows:
            ``Military Personnel, Army'', $19,100,000;
            ``Military Personnel, Navy'', $2,200,000;
            ``Military Personnel, Air Force'', $9,900,000;
            ``Operation and Maintenance, Army'', $80,700,000;
            ``Operation and Maintenance, Navy'', $13,700,000;
            ``Operation and Maintenance, Air Force,'' $26,900,000;
            ``Operation and Maintenance, Defense-Wide'', $8,700,000; and
            ``Defense Health Program'', $9,800,000.

    Sec. 8102. Notwithstanding any other provision of law, the Secretary 
of Defense may retain all or a portion of the family housing at Fort 
Buchanan, Puerto Rico, as the Secretary deems necessary to meet military 
family housing needs arising out of the relocation of elements of the 
United States Army South to Fort Buchanan.
    Sec. 8103. From within amounts made available in title II of this 
Act, under the heading ``Operation and Maintenance, Army'', and 
notwithstanding any other provision of law, $12,500,000 shall be 
available only for repairs and safety improvements to the segment of 
Fort Irwin Road which extends from Interstate 15 northeast toward the 
boundary of Fort Irwin, California and the originating intersection of 
Irwin Road: Provided, That these funds shall remain available until 
expended: Provided further, That the authorized scope of work includes, 
but is not limited to, environmental documentation and mitigation, 
engineering and design, improving safety, resurfacing, widening lanes, 
enhancing shoulders, and replacing signs and pavement markings: Provided 
further, That these funds may be used for advances to the Federal 
Highway Administration, Department of Transportation, for the authorized 
scope of work.
    Sec. 8104. Funds appropriated to the Department of the Navy in title 
II of this Act may be available to replace lost and canceled Treasury 
checks issued to Trans World Airlines in the total amount of $255,333.24 
for which timely claims were filed and for which detailed supporting 
records no longer exist.

[[Page 113 STAT. 1256]]

    Sec. 8105. None of the funds appropriated or made available in this 
Act to the Department of the Navy shall be used to develop, lease or 
procure the ADC(X) class of ships unless the main 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. 8106. From within amounts made available in title II of this 
Act under the heading ``Operation and Maintenance, Defense-Wide'', and 
notwithstanding any other provision of law, $2,500,000 shall be 
available only for a grant for ``America's Promise--The Alliance for 
Youth, Inc.'', only to support, on a dollar-for-dollar matching basis 
with non-departmental funds, efforts to mobilize individuals, groups and 
organizations to build and strengthen the character and competence of 
the Nation's youth.
    Sec. 8107. Of the funds made available in this Act, not less than 
$47,100,000 shall be available to maintain an attrition reserve force of 
23 B-52 aircraft, of which $3,100,000 shall be available from ``Military 
Personnel, Air Force'', $34,500,000 shall be available from ``Operation 
and Maintenance, Air Force'', and $9,600,000 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 23 
attrition reserve aircraft, during fiscal year 2000: Provided further, 
That the Secretary of Defense shall include in the Air Force budget 
request for fiscal year 2001 amounts sufficient to maintain a B-52 force 
totaling 94 aircraft.
    Sec. 8108. Notwithstanding any other provision in this Act, the 
total amount appropriated in title II is hereby reduced by $100,000,000 
to reflect savings resulting from reviews of Department of Defense 
missions and functions conducted pursuant to Office of Management and 
Budget Circular A-76, to be distributed as follows:
            ``Operation and Maintenance, Army'', $34,300,000;
            ``Operation and Maintenance, Navy'', $22,800,000;
            ``Operation and Maintenance, Marine Corps'', $1,400,000; and
            ``Operation and Maintenance, Air Force'', $41,500,000:

Provided, That none of the funds appropriated or otherwise made 
available by this Act may be obligated or expended for the purpose of 
contracting out functions directly related to the award of Department of 
Defense contracts, oversight of contractors with the Department of 
Defense, or the payment of such contractors including, but not limited 
to: contracting technical officers, contact administration officers, 
accounting and finance officers, and budget officers.
    Sec. 8109. (a) Report on OMB Circular A-76 Reviews of Work Performed 
by DOD Employees.--The Secretary of Defense shall submit a report not 
later than 90 days after the enactment of this Act which lists all 
instances since 1995 in which missions or functions of the Department of 
Defense have been reviewed by the Department of Defense pursuant to OMB 
Circular A-76. The report shall list the disposition of each such review 
and indicate whether the review resulted in the performance of such 
missions

[[Page 113 STAT. 1257]]

or functions by Department of Defense civilian and military personnel, 
or whether such reviews resulted in performance by contractors. The 
report shall include a description of the types of missions or 
functions, the locations where the missions or functions are performed, 
the name of the contractor performing the work (if applicable), the cost 
to perform the missions or functions at the time the review was 
conducted, and the current cost to perform the missions or functions.
    (b) Report on OMB Circular A-76 Reviews of Work Performed by DOD 
Contractors.--The report shall also identify those instances in which 
work performed by a contractor has been converted to performance by 
civilian or military employees of the Department of Defense. For each 
instance of contracting in, the report shall include a description of 
the types of work, the locations where the work was performed, the name 
of the contractor that was performing the work, the cost of contractor 
performance at the time the work was contracted in, and the current cost 
of performance by civilian or military employees of the Department of 
Defense. In addition, the report shall include recommendations for 
maximizing the possibility of effective public-private competition for 
work that has been contracted out.
    (c) Comptroller General <<NOTE: Deadline.>> Review.--Not later than 
90 days after the date on which the Secretary submits the annual report, 
the Comptroller General shall submit to the House and Senate Committees 
on Appropriations the Comptroller General's views on whether the 
department has complied with the requirements for the report.

    Sec. 8110. <<NOTE: Budget. 10 USC 221 note.>> The budget of the 
President for fiscal year 2001 submitted to the Congress pursuant to 
section 1105 of title 31, United States Code, and each annual budget 
request thereafter, shall include separate budget justification 
documents for costs of United States Armed Forces' participation in 
contingency operations for the Military Personnel accounts, the 
Procurement accounts, and the Overseas Contingency Operations Transfer 
Fund: 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.

                      (including transfer of funds)

    Sec. 8111. In addition to amounts appropriated or otherwise made 
available in this Act, $35,000,000 is hereby appropriated, only to 
initiate and expand activities of the Department of Defense to prevent, 
prepare for, and respond to a terrorist attack in the United States 
involving weapons of mass destruction: Provided, That funds made 
available under this section shall be transferred to the following 
accounts:
            ``Reserve Personnel, Army'', $2,000,000;
            ``National Guard Personnel, Army'', $2,000,000;
            ``National Guard Personnel, Air Force'', $500,000;

[[Page 113 STAT. 1258]]

            ``Operation and Maintenance, Army'', $24,500,000; and
            ``Research, Development, Test and Evaluation, Army'', 
        $6,000,000:

Provided further, That funds transferred pursuant to this section shall 
be merged with and 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 available to the Department of Defense: 
Provided further, That of the funds transferred to ``Operation and 
Maintenance, Army'', not less than $3,000,000 shall be made available 
only to establish a cost effective counter-terrorism training program 
for first responders and concurrent testing of response apparatus and 
equipment at the Memorial Tunnel Facility: Provided further, That of the 
funds transferred to ``Operation and Maintenance, Army'', not less than 
$2,000,000 shall be made available only to support development of a 
structured undergraduate research program for chemical and biological 
warfare defense designed to produce graduates with specialized 
laboratory training and scientific skills required by military and 
industrial laboratories engaged in combating the threat of biological 
and chemical terrorism: Provided further, That of the funds transferred 
to ``Operation and Maintenance, Army'', not less than $3,500,000 shall 
be made available for a National Guard Bureau and Department of Justice 
collaborative training program only to enhance distance learning 
technologies and develop related courseware to provide training for 
counter-terrorism and related concerns: Provided further, That of the 
funds transferred to ``Research, Development, Test and Evaluation, 
Army'', not less than $3,000,000 shall be made available only to 
continue development and presentation of advanced distributed learning 
consequence management response courses and conventional courses.
    Sec. 8112. <<NOTE: Budget. Reports.>> (a) The Secretary of Defense 
shall, along with submission of the fiscal year 2001 budget request for 
the Department of Defense, submit to the congressional defense 
committees a report, in both unclassified and classified versions, which 
contains an assessment of the advantages or disadvantages of deploying a 
ground-based National Missile Defense system at more than one site.

    (b) This report shall include, but not be limited to, an assessment 
of the following issues:
            (1) The ability of a single site, versus multiple sites, to 
        counter the expected ballistic missile threat.
            (2) The optimum basing locations for a single and multiple 
        site National Missile Defense system.
            (3) The survivability and redundancy of potential National 
        Missile Defense systems under a single or multiple site 
        architecture.
            (4) The estimated costs (including development, construction 
        and infrastructure, and procurement of equipment) associated 
        with different site deployment options.
            (5) Other issues bearing on deploying a National Missile 
        Defense system at one or more sites.

    Sec. 8113. <<NOTE: Reports.>> The Secretary of the Navy and the 
Secretary of the Air Force each shall submit a report to the 
congressional defense committees within 90 days of the enactment of this 
Act in both classified and unclassified form which shall provide a 
detailed description of the dedicated aggressor squadrons used to 
conduct

[[Page 113 STAT. 1259]]

combat flight training for the Navy, Marine Corps and Air Force covering 
the period from fiscal year 1990 through the present. For each year of 
the specified time period, each report shall provide a detailed 
description of the following: the assets which comprise dedicated 
aggressor squadrons including both aircrews, and the types and models of 
aircraft assigned to these squadrons; the number of training sorties for 
all forms of combat flight training which require aggressor aircraft, 
and the number of sorties that the dedicated aggressor squadrons can 
generate to meet these requirements; the ratio of the total inventory of 
attack and fighter aircraft to the number of aircraft available for 
dedicated aggressor squadrons; a comparison of the performance 
characteristics of the aircraft assigned to dedicated aggressor 
squadrons compared to the performance characteristics of the aircraft 
they are intended to represent in training scenarios; an assessment of 
pilot proficiency by year from 1986 to the present; service 
recommendations to enhance aggressor squadron proficiency to include 
number of dedicated aircraft, equipment, facilities, and personnel; and 
a plan that proposes improvements in dissimilar aircraft air combat 
training.

    Sec. 8114. 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: Provided, <<NOTE: Reports. Deadline.>> That the Department of 
Defense Office of the Inspector General shall provide a report to the 
House and Senate Committees on Appropriations not later than 90 days 
after the enactment of this Act which assesses the compliance of each of 
the military services with applicable appropriations law, Office of 
Management and Budget circulars, and Undersecretary of Defense 
(Comptroller) directives which govern funding for maintenance and 
repairs to flag officer quarters: Provided further, That this report 
shall include an assessment as to whether there have been violations of 
the Anti-Deficiency Act resulting from instances of improper funding of 
such maintenance and repair projects.

    Sec. 8115. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, Test 
and Evaluation, Defense-Wide'' for any 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: 
Provided further, That none of the funds appropriated under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'' in the 
Department of Defense Appropriations Act, 1999 (Public Law 105-262) 
which remain available for obligation are available for the Line of 
Sight Anti-Tank Program: Provided further, That of the funds 
appropriated under the heading ``Research, Development, Test and 
Evaluation, Defense-Wide'' in Public Law 105-262, $10,027,000 shall be 
available only for the Air Directed Surface to Air Missile.

[[Page 113 STAT. 1260]]

    Sec. 8116. None of the funds appropriated under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'' in the 
Department of Defense Appropriations Act, 1999 (Public Law 105-262) 
which remain available for obligation are available for the Medium 
Extended Air Defense System or successor systems.
    Sec. 8117. Of the funds appropriated in title II of this Act under 
the heading ``Operation and Maintenance, Army'', $250,000 shall be 
available only for a grant to the Nebraska Game and Parks Commission for 
the purpose of locating, identifying the boundaries of, acquiring, 
preserving, and memorializing the cemetery site that is located in close 
proximity to Fort Atkinson, Nebraska. The Secretary of the Army shall 
require as a condition of such grant that the Nebraska Game and Parks 
Commission, in carrying out the purposes of which the grant is made, 
work in conjunction with the Nebraska State Historical Society. The 
grant under this section shall be made without regard to section 1301 of 
title 31, United States Code, or any other provision of law.
    Sec. 8118. Notwithstanding any other provision of law, for the 
purpose of establishing all Department of Defense policies 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. 8119. 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. 8120. <<NOTE: 10 USC 983 note.>> During the current fiscal year 
and hereafter, any Federal grant of funds to an institution of higher 
education to be available solely for student financial assistance or 
related administrative costs may be used for the purpose for which the 
grant is made without regard to any provision to the contrary in section 
514 of the Departments of Labor, Health and Human Services, Education, 
and Related Agencies Appropriations Act, 1997 (10 U.S.C. 503 note), or 
section 983 of title 10, United States Code.

[[Page 113 STAT. 1261]]

    Sec. 8121. (a) Registering Information Technology 
Systems With DOD Chief Information Officer.--After March 31, 2000, none 
of the funds appropriated in this Act may be used for a mission critical 
or mission essential information technology system (including a system 
funded by the defense working capital 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 fiscal year 2000, a major automated information system may not 
receive Milestone I approval, Milestone II approval, or Milestone III 
approval 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 Command, Control, Communications, Computers, 
        Intelligence, Surveillance, and Reconnaissance (C4ISR) 
        Architecture Framework.

    (c) Definitions.--For purposes of this section:
            (1) The term ``Chief Information Officer'' means the senior 
        official of the Department of Defense designated by the 
        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. 8122. 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

[[Page 113 STAT. 1262]]

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. 8123. (a) Recovery of Certain DOD Administrative Expenses in 
Connection With Foreign Military Sales Program.--Charges for 
administrative services calculated under section 21(e) of the Arms 
Export Control Act (22 U.S.C. 2761(e)) in connection with the sale of 
defense articles or defense services shall (notwithstanding paragraph 
(3) of section 43(b) of such Act (22 U.S.C. 2792(b))) include recovery 
of administrative expenses incurred by the Department of Defense during 
fiscal year 2000 that are attributable to: (1) salaries of members of 
the Armed Forces; and (2) unfunded estimated costs of civilian 
retirement and other benefits.
    (b) Reimbursement of Applicable Military Personnel Accounts.--During 
the current fiscal year, amounts in the Foreign Military Sales Trust 
Fund shall be available in an amount not to exceed $63,000,000 to 
reimburse the applicable military personnel accounts in title I of this 
Act for the value of administrative expenses referred to in subsection 
(a)(1).
    (c) Reductions To Reflect Amounts Expected To Be Recovered.--(1) The 
amounts in title I of this Act are hereby reduced by an aggregate of 
$63,000,000 (such amount being the amount expected to be recovered by 
reason of subsection (a)(1)).
    (2) The amounts in title II of this Act are hereby reduced by an 
aggregate of $31,000,000 (such amount being that amount expected to be 
recovered by reason of subsection (a)(2)).
    Sec. 8124. <<NOTE: 47 USC 337 note.>> (a) The Communications Act of 
1934 is amended in section 337(b) (47 U.S.C. 337(b)), by deleting 
paragraph (2). Upon <<NOTE: Bidding. Deadline.>> the enactment of this 
provision, the Federal Communications Commission shall initiate the 
competitive bidding process in fiscal year 1999 and shall conduct the 
competitive bidding in a manner that ensures that all proceeds of such 
bidding are deposited in accordance with section 309( j)(8) of the Act 
not later than September 30, 2000. <<NOTE: Federal 
Register, publication.>> To expedite the assignment by competitive 
bidding of the frequencies identified in section 337(a)(2) of the Act, 
the rules governing such frequencies shall be effective immediately upon 
publication in the Federal Register, notwithstanding 5 U.S.C. 553(d), 
801(a)(3), 804(2), and 806(a). Chapter 6 of such title, 15 U.S.C. 632, 
and 44 U.S.C. 3507 and 3512, shall not apply to the rules and 
competitive bidding procedures governing such frequencies. 
Notwithstanding section 309(b) of the Act, no application for an 
instrument of authorization for such frequencies shall be granted by the 
Commission earlier than 7 days following issuance of public notice by 
the Commission of the acceptance for filing of such application or of 
any substantial amendment thereto. Notwithstanding section 309(d)(1) of 
such Act, the Commission may specify a period (no less than 5 days 
following issuance of such public notice) for the filing of petitions to 
deny any application for an instrument of authorization for such 
frequencies.

    (b)(1) <<NOTE: Deadline. Reports.>> Not later than 15 days after the 
date of the enactment of this Act, the Director of the Office of 
Management and Budget and the Federal Communications Commission shall 
each submit to the appropriate congressional committees a report which 
shall--

[[Page 113 STAT. 1263]]

            (A) set forth the anticipated schedule (including specific 
        dates) for--
                    (i) preparing and conducting the competitive bidding 
                process required by subsection (a); and
                    (ii) depositing the receipts of the competitive 
                bidding process;
            (B) set forth each signficant milestone in the rulemaking 
        process with respect to the competitive bidding process;
            (C) include an explanation of the effect of each requirement 
        in subsection (a) on the schedule for the competitive bidding 
        process and any post-bidding activities (including the deposit 
        of receipts) when compared with the schedule for the competitive 
        bidding and any post-bidding activities (including the deposit 
        of receipts) that would otherwise have occurred under section 
        337(b)(2) of the Communications Act of 1934 (47 U.S.C. 
        337(b)(2)) if not for the enactment of subsection (a);
            (D) set forth for each spectrum auction held by the Federal 
        Communications Commission since 1993 information on--
                    (i) the time required for each stage of preparation 
                for the auction;
                    (ii) the date of the commencement and of the 
                completion of the auction;
                    (iii) the time which elapsed between the date of the 
                completion of the auction and the date of the first 
                deposit of receipts from the auction in the Treasury; 
                and
                    (iv) the dates of all subsequent deposits of 
                receipts from the auction in the Treasury; and
            (E) include an assessment of how the stages of the 
        competitive bidding process required by subsection (a), 
        including preparation, commencement and completion, and deposit 
        of receipts, will differ from similar stages in the auctions 
        referred to in subparagraph (D).

    (2) <<NOTE: Deadline. Reports.>> Not later than October 5, 2000, the 
Director of the Office of Management and Budget and the Federal 
Communications Commission shall each submit to the appropriate 
congressional committees the report which shall--
            (A) describe the course of the competitive bidding process 
        required by subsection (a) through September 30, 2000, including 
        the amount of any receipts from the competitive bidding process 
        deposited in the Treasury as of September 30, 2000; and
            (B) if the course of the competitive bidding process has 
        included any deviations from the schedule set forth under 
        paragraph (1)(A), an explanation for such deviations from the 
        schedule.

    (3) The Federal Communications Commission may not consult with the 
Director in the preparation and submittal of the reports required of the 
Commission by this subsection.
    (4) In this subsection, the term ``appropriate congressional 
committees'' means the following:
            (A) The Committees on Appropriations, the Budget, and 
        Commerce of the Senate.
            (B) The Committees on Appropriations, the Budget, and 
        Commerce of the House of Representatives.

    (c) Nothing in this section shall be construed to supercede the 
requirements placed on the Federal Communications Commission by 47 
U.S.C. 337(d)(4).

[[Page 113 STAT. 1264]]

    Sec. 8125. (a) Report <<NOTE: Deadline.>> Required.--Not later than 
January 31, 2000, the Secretary of Defense shall submit to the 
congressional defense committees in both classified and unclassified 
form a report on the conduct of Operation Desert Fox and Operation 
Allied Force (also referred to as Operation Noble Anvil). The Secretary 
of Defense shall submit to such committees a preliminary report on the 
conduct of these operations not later than December 15, 1999. The report 
(including the preliminary report) should be prepared in consultation 
with the Chairman of the Joint Chiefs of Staff, the Commander in Chief 
of the United States Central Command, and the Commander in Chief of the 
United States European Command.

    (b) Review of Successes and Deficiencies.--The report should contain 
a thorough review of the successes and deficiencies of these operations, 
with respect to the following matters:
            (1) United States military objectives in these operations.
            (2) With respect to Operation Allied Force, the military 
        strategy of the North Atlantic Treaty Organization (NATO) to 
        obtain said military objectives.
            (3) The command structure for the execution of Operation 
        Allied Force.
            (4) The process for identifying, nominating, selecting, and 
        verifying targets to be attacked during Operation Desert Fox and 
        Operation Allied Force.
            (5) A comprehensive battle damage assessment of targets 
        prosecuted during the conduct of the air campaigns in these 
        operations, to include--
                    (A) fixed targets, both military and civilian, to 
                include bridges, roads, rail lines, airfields, power 
                generating plants, broadcast facilities, oil refining 
                infrastructure, fuel and munitions storage 
                installations, industrial plants producing military 
                equipment, command and control nodes, civilian 
                leadership bunkers and military barracks;
                    (B) mobile military targets such as tanks, armored 
                personnel carriers, artillery pieces, trucks, and air 
                defense assets;
                    (C) with respect to Operation Desert Fox, research 
                and production facilities associated with Iraq's weapons 
                of mass destruction and ballistic missile programs, and 
                any military units or organizations associated with such 
                activities within Iraq; and
                    (D) a discussion of decoy, deception and counter-
                intelligence techniques employed by the Iraqi and 
                Serbian military.
            (6) The use and performance of United States military 
        equipment, weapon systems, munitions, and national and tactical 
        reconnaissance and surveillance assets (including items 
        classified under special access procedures) and an analysis of--
                    (A) any equipment or capabilities that were in 
                research and development and if available could have 
                been used in these operations' respective theater of 
                operations;
                    (B) any equipment or capabilities that were 
                available and could have been used but were not 
                introduced into these operations' respective theater of 
                operations; and
                    (C) any equipment or capabilities that were 
                introduced to these operations' respective theater of 
                operations that could have been used but were not.

[[Page 113 STAT. 1265]]

            (7) Command, control, communications and operational 
        security of NATO forces as a whole and United States forces 
        separately during Operation Allied Force, including the ability 
        of United States aircraft to operate with aircraft of other 
        nations without degradation of capabilities or protection of 
        United States forces.
            (8) The deployment of United States forces and supplies to 
        the theater of operations, including an assessment of airlift 
        and sealift (to include a specific assessment of the deployment 
        of Task Force Hawk during Operation Allied Force, to include 
        detailed explanations for the delay in initial deployment, the 
        suitability of equipment deployed compared to other equipment in 
        the United States inventory that was not deployed, and a 
        critique of the training provided to operational personnel prior 
        to and during the deployment).
            (9) The use of electronic warfare assets, in particular an 
        assessment of the adequacy of EA-6B aircraft in terms of 
        inventory, capabilities, deficiencies, and ability to provide 
        logistics support.
            (10) The effectiveness of reserve component forces including 
        their use and performance in the theater of operations.
            (11) The contributions of United States (and with respect to 
        Operation Allied Force, NATO) intelligence and 
        counterintelligence systems and personnel, including an 
        assessment of the targeting selection and bomb damage assessment 
        process.

    (c) The report should also contain:
            (1) An analysis of the transfer of operational assets from 
        other United States Unified Commands to these operations' 
        theater of operations and the impact on the readiness, 
        warfighting capability and deterrence value of those commands.
            (2) An analysis of the implications of these operations as 
        regards the ability of United States Armed Forces and 
        intelligence capabilities to carry out the current national 
        security strategy, including--
                    (A) whether the Department of Defense and its 
                components, and the intelligence community and its 
                components, have sufficient force structure and manning 
                as well as equipment (to include items such as munitions 
                stocks) to deploy, prosecute and sustain operations in a 
                second major theater of war as called for under the 
                current national security strategy;
                    (B) which, if any aspects, of currently programmed 
                manpower, operations, training and other readiness 
                programs, and weapons and other systems are found to be 
                inadequate in terms of supporting the national military 
                strategy; and
                    (C) what adjustments need to be made to current 
                defense planning and budgets, and specific programs to 
                redress any deficiencies identified by this analysis.

    Sec. 8126. None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity 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

[[Page 113 STAT. 1266]]

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. 8127. 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. 8128. In the current fiscal year and hereafter, funds 
appropriated for the Pacific Disaster Center may be obligated to carry 
out such missions as the Secretary of Defense may specify for disaster 
information management and related supporting activities in the 
geographic area of responsibility of the Commander in Chief, Pacific and 
beyond in support of a global disaster information network: Provided, 
That the Secretary may enable the Pacific Disaster Center and its 
derivatives to enter into flexible public-private cooperative 
arrangements for the delegation or implementation of some or all of its 
missions and accept and provide grants, or other remuneration to or from 
any agency of the Federal Government, State or local government, private 
source or foreign government to carry out any of its activities: 
Provided further, That the Pacific Disaster Center may not accept any 
remuneration or provide any service or grant which could compromise 
national security.
    Sec. 8129. Notwithstanding any other provision in this Act, the 
total amount appropriated in title I of this Act is hereby reduced by 
$1,838,426,000 to reflect amounts appropriated in Public Law 106-31. 
This amount is to be distributed as follows:
            ``Military Personnel, Army'', $559,533,000;
            ``Military Personnel, Navy'', $436,773,000;
            ``Military Personnel, Marine Corps'', $177,980,000;
            ``Military Personnel, Air Force'', $471,892,000;
            ``Reserve Personnel, Army'', $40,574,000;
            ``Reserve Personnel, Navy'', $29,833,000;
            ``Reserve Personnel, Marine Corps'', $7,820,000;
            ``Reserve Personnel, Air Force'', $13,143,000;
            ``National Guard Personnel, Army'', $70,416,000; and
            ``National Guard Personnel, Air Force'', $30,462,000.

    Sec. 8130. Notwithstanding any other provision of law, that not more 
than 35 percent of funds provided in this Act, may be obligated for 
environmental remediation under indefinite delivery/indefinite quantity 
contracts with a total contract value of $130,000,000 or higher.
    Sec. 8131. Of the funds made available under the heading ``Operation 
and Maintenance, Air Force'', $5,000,000 shall be transferred to the 
Department of Transportation to enable the Secretary of Transportation 
to realign railroad track on Elmendorf Air Force Base.
    Sec. 8132. <<NOTE: 10 USC 2488 note.>> None of the funds 
appropriated by this Act shall be used for the support of any 
nonappropriated funds activity

[[Page 113 STAT. 1267]]

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. 8133. Multi-year <<NOTE: 10 USC 2401a note.>> Aircraft Lease 
Pilot Program. (a) The Secretary of the Air Force may establish a multi-
year pilot program for leasing aircraft for operational support 
purposes, including transportation for the combatant Commanders in 
Chief, on such terms and conditions as the Secretary may deem 
appropriate, consistent with this section.

    (b) Sections 2401 and 2401a of title 10, United States Code, shall 
not apply to any aircraft lease authorized by this section.
    (c) Under the aircraft lease Pilot Program authorized by this 
section:
            (1) The Secretary may include terms and conditions in lease 
        agreements that are customary in aircraft leases by a non-
        Government lessor to a non-Government lessee.
            (2) The term of any individual lease agreement into which 
        the Secretary enters under this section shall not exceed 10 
        years.
            (3) The Secretary may provide for special payments to a 
        lessor if either the Secretary terminates or cancels the lease 
        prior to the expiration of its term or aircraft are damaged or 
        destroyed prior to the expiration of the term of the lease. Such 
        special payments shall not exceed an amount equal to the value 
        of one year's lease payment under the lease. The amount of 
        special payments shall be subject to negotiation between the Air 
        Force and lessors.
            (4) Notwithstanding any other provision of law, any payments 
        required under a lease under this section, and any payments made 
        pursuant to subsection (3) above may be made from:
                    (A) appropriations available for the performance of 
                the lease at the time the lease takes effect;
                    (B) appropriations for the operation and maintenance 
                available at the time which the payment is due; and
                    (C) funds appropriated for those payments.
            (5) The Secretary may lease aircraft, on such terms and 
        conditions as the Secretary may deem appropriate, consistent 
        with this section, through an operating lease consistent with 
        OMB Circular A-11.
            (6) The Secretary may exchange or sell existing aircraft and 
        apply the exchange allowance or sale proceeds in whole or in 
        part toward the cost of leasing replacement aircraft under this 
        section.

[[Page 113 STAT. 1268]]

            (7) Lease arrangements authorized by this section may not 
        commence until:
                    (A) <<NOTE: Reports.>> The Secretary submits a 
                report to the congressional defense committees outlining 
                the plans for implementing the Pilot Program. The report 
                shall describe the terms and conditions of proposed 
                contracts and the savings in operations and support 
                costs expected to be derived from retiring older 
                aircraft as compared to the expected cost of leasing 
                newer replacement aircraft.
                    (B) A period of not less than 30 calendar days has 
                elapsed after submitting the report.
            (8) <<NOTE: Deadline.>> Not later than 1 year after the date 
        on which the first aircraft is delivered under this Pilot 
        Program, and yearly thereafter on the anniversary of the first 
        delivery, the Secretary shall submit a report to the 
        congressional defense committees describing the status of the 
        Pilot Program. The Report will be based on at least 6 months of 
        experience in operating the Pilot Program.
            (9) No lease of operational support aircraft may be entered 
        into under this section after September 30, 2004.

    (d) The authority granted to the Secretary of the Air Force by this 
section is separate from and in addition to, and shall not be construed 
to impair or otherwise affect, the authority of the Secretary to procure 
transportation or enter into leases under a provision of law other than 
this section.
    (e) The authority provided under this section may be used to lease 
not more than a total of six aircraft for the purposes of providing 
operational support.
    Sec. 8134. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act for ``Operation and Maintenance, 
Air Force'' is hereby reduced by $100,000,000 to reflect supplemental 
appropriations provided under Public Law 106-31 for Readiness/Munitions.
    Sec. 8135. Section 8106(a) of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the matter under 
section 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 
note), is amended--
            (1) by striking ``not later than June 30, 1997,''; and
            (2) by striking ``$1,000,000'' and inserting ``$500,000''.

    Sec. 8136. None of the funds provided for the Joint Warfighting 
Experimentation Program may be obligated until the Vice Chairman of the 
Joint Chiefs of Staff reports to the congressional defense committees on 
the role and participation of all unified and specified commands in the 
Joint Warfighting Experimentation Program.
    Sec. 8137. In addition to the amounts appropriated or otherwise made 
available elsewhere in this Act for the Department of Defense, 
$5,000,000, to remain available until September 30, 2000 is hereby 
appropriated to the Department of Defense: Provided, That the Secretary 
of Defense shall make a grant in the amount of $5,000,000 to the 
American Red Cross for Armed Forces Emergency Services.
    Sec. 8138. The Department of the Army is directed to conduct a live 
fire, side-by-side operational test of the air-to-air Starstreak and 
air-to-air Stinger missiles from the AH-64D Longbow helicopter. The 
operational test is to be completed utilizing funds provided for in this 
Act in addition to funding provided for this purpose in the Fiscal Year 
1999 Defense Appropriations Act (Public Law 105-262): Provided, That 
notwithstanding any other provision of

[[Page 113 STAT. 1269]]

law, the department is to ensure that the development, procurement or 
integration of any missile for use on the AH-64 or RAH-66 helicopters, 
as an air-to-air missile, is subject to a full and open competition 
which includes the conduct of a live-fire, side-by-side test as an 
element of the source selection criteria: Provided further, That the 
Undersecretary of Defense (Acquisition and Technology) will conduct an 
independent review of the need, and the merits of acquiring an air-to-
air missile to provide self-protection for the AH-64 and RAH-66 from the 
threat of hostile forces. <<NOTE: Reports. Deadline.>> The Secretary is 
to provide his findings in a report to the congressional defense 
committees, no later than March 31, 2000.

    Sec. 8139. <<NOTE: Regulations.>> 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 and humanitarian assistance: 
Provided, <<NOTE: Deadline. Reports.>> 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. 8140. Of the funds appropriated in title II under the heading 
``Operation and Maintenance, Defense-Wide'' for the Office of the 
Special Assistant to the Deputy Secretary of Defense for Gulf War 
Illnesses, up to $10,000,000 may be made available for carrying out the 
first-year actions under the 5-year research plan outlined in the report 
entitled ``Department of Defense Strategy to Address Low-Level Exposures 
to Chemical Warfare Agents (CWAs)'', dated May 1999, that was submitted 
to committees of the Congress pursuant to section 247(d) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 1957).
    Sec. 8141. <<NOTE: Contracts.>> (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.

[[Page 113 STAT. 1270]]

    Sec. 8142. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be made available for 
reconstruction activities in the Republic of Serbia (excluding the 
province of Kosovo) as long as Slobodan Milosevic remains the President 
of the Federal Republic of Yugoslavia (Serbia and Montenegro).
    Sec. 8143. In addition to the amounts provided elsewhere in this 
Act, the amount of $5,000,000 is hereby appropriated for ``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. 8144. None of the funds in this Act shall be available to 
initiate a multi-year procurement contract for the Abrams M1A2 Tank 
Upgrade Program until 30 days after the Department of the Army has 
submitted a report to the Congress detailing its efforts to reduce the 
costs of the tank upgrade program, to include the effects and potential 
savings that would result from any alternate fixed price or fixed 
quantity option contracts.
    Sec. 8145. The multi-year authority for the C-17 granted in this Act 
shall become effective once the Secretary of the Air Force certifies to 
the congressional defense committees that the average unit flyaway price 
of C-17 aircraft P121 through P180 purchased under a multi-year contract 
will be at least 25 percent below the average unit flyaway price of the 
C-17 under the current 80 aircraft multi-year procurement program, with 
both prices calculated in fiscal year 1999 dollars.

                      (including transfer of funds)

    Sec. 8146. (a) In addition to amounts appropriated elsewhere in this 
Act, $1,000,000,000 is hereby appropriated for the F-22 program: 
Provided, That these funds shall only be available for transfer to the 
appropriate F-22 program R-1 and P-1 line items of titles IV and III of 
this Act for the purposes of F-22 program research, development, test 
and evaluation, and advance procurement: Provided further, That of this 
amount, not more than $277,100,000 may be transferred to the ``Aircraft 
Procurement, Air Force'' account only for advance procurement of F-22 
aircraft: Provided further, That any funds transferred for F-22 advance 
procurement shall not be available for obligation until the Secretary of 
Defense certifies to the congressional defense committees that all 1999 
Defense Acquisition Board exit criteria have been met: Provided further, 
That the transfer authority provided in this section is in addition to 
any other transfer authority contained elsewhere in this Act.
    (b) Notwithstanding any other provision of law, the Secretary of 
Defense may use funds provided under this section and transferred to 
titles IV and III of this Act to continue acquisition of F-22 test 
aircraft for which procurement funding has been previously provided.
    (c) The Secretary of the Air Force shall adjust the amounts of the 
limitations set forth in subsections (a) and (b) of section 217, Public 
Law 105-85 accordingly, and may modify any F-22 contracts to implement 
the requirements of this section.

[[Page 113 STAT. 1271]]

    (d) Funds appropriated in this Act or any other prior Act for 
``Research, Development, Test and Evaluation, Air Force'' and ``Aircraft 
Procurement, Air Force'' may not be used for acquisition of more than a 
total of 17 flight-capable test vehicles for the F-22 aircraft program.
    (e) The Secretary of the Air Force may not 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 (e)(1) and 
        (e)(2) 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.

    (f ) The funds transferred under the authority provided within this 
section shall be merged with and shall be available for the same 
purposes, and for the same time period, as the appropriation to which 
transferred.

                      (including transfer of funds)

    Sec. 8147. (a) In addition to the amounts appropriated elsewhere in 
this Act, $300,000,000 is hereby appropriated for F-22 program 
termination liability or for other F-22 program contractual requirements 
in lieu of termination liability obligations: Provided, That these funds 
shall only be available for transfer to the appropriate F-22 program R-1 
and P-1 line items of titles IV and III of this Act for the purposes 
specified in this section: Provided further, That the transfer authority 
provided in this section is in addition to any other transfer authority 
contained elsewhere in this Act: Provided further, That these funds 
shall not be available for expenditure until October 1, 2000.
    (b) 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.
    Sec. 8148. In addition to the amounts provided elsewhere in this 
Act, the amount of $5,500,000 is hereby appropriated for ``Operation and 
Maintenance, Defense-Wide'', to be available, notwithstanding any other 
provision of law, only for a grant to the 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. 8149. None of the funds appropriated in this Act may be used 
for the payment of a fine or penalty that is imposed against the 
Department of Defense or a military department arising from an 
environmental violation at a military installation or facility unless 
the payment of the fine or penalty has been specifically authorized by 
law. For purposes of this section, expenditure of funds to carry out a 
supplemental environmental project that is

[[Page 113 STAT. 1272]]

required to be carried out as part of such a penalty shall be considered 
to be a payment of the penalty.
    Sec. 8150. Section 8145 of the Department of Defense Appropriations 
Act, 1999 (Public Law 105-262; 112 Stat. 2340), is amended by inserting 
before the period at the end the following: ``, and for such additional 
environmental restoration activities at such former base as may be 
accomplished within such total amount''.
    Sec. 8151. Of the funds made available in this Act under the heading 
``Operation and Maintenance, Defense-Wide'', up to $5,000,000 shall be 
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. 8152. Funds appropriated by the paragraph under the heading 
``MILITARY CONSTRUCTION TRANSFER FUND'' in the 1999 Emergency 
Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 85) may be 
transferred to military construction accounts, as authorized by that 
paragraph, and shall be merged with and shall be available for the same 
purposes and for the same time period as the account to which 
transferred.
    Sec. 8153. Section 127 of the Military Construction Appropriations 
Act, 1995 (Public Law 103-307; 108 Stat. 1666) is amended--
            (1) in subsection (B)(1), by striking ``an amount'' and all 
        that follows and inserting ``$3,400,000.''; and
            (2) by adding at the end the following:

    ``(i) Completion of Conveyance by End of Fiscal Year 2000.--
The <<NOTE: Deadline.>> Secretary shall endeavor to complete any 
conveyance under this section not later than September 30, 2000.''.

    Sec. 8154. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Operation and Maintenance, 
Army'' shall be available for expenses associated with characterization 
and remediation activities at the Massachusetts Military Reservation, 
Cape Cod, Massachusetts, resulting from environmental problems 
pertaining to use of Camp Edwards as a training range and impact area 
and any administrative orders issued by the United States Environmental 
Protection Agency to address those problems.
    Sec. 8155. (a) In General.--Notwithstanding any other provision of 
law, the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States of 
North Dakota, South Dakota, Montana, and Minnesota relocatable military 
housing units located at Grand Forks Air Force Base and Minot Air Force 
Base that are excess to the needs of the Air Force.
    (b) Processing of Requests.--The Secretary of the Air Force shall 
convey, at no cost to the Air Force, military housing units under 
subsection (a) in accordance with the request for such units that are 
submitted to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of North Dakota, South 
Dakota, Montana, and Minnesota.
    (c) Resolution of Housing Unit Conflicts.--The Operation Walking 
Shield program shall resolve any conflicts among request of Indian 
tribes for housing units under subsection (a) before

[[Page 113 STAT. 1273]]

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. 8156. Of the amounts appropriated in the Act under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'', 
$45,000,000 shall be available for the purpose of adjusting the cost-
share of the parties under the Agreement between the Department of 
Defense and the Ministry of Defence of Israel for the Arrow 
Deployability Program.
    Sec. 8157. The Secretary of Defense shall fully identify and 
determine the validity of healthcare contract additional liabilities, 
requests for equitable adjustment, and claims for unanticipated 
healthcare contract costs: Provided, That the Secretary of Defense shall 
establish an equitable and timely process for the adjudication of 
claims, and recognize actual liabilities during the Department's 
planning, programming and budgeting process, including fiscal year 2000 
supplemental appropriation requests if appropriate: Provided 
further, <<NOTE: Deadline. Reports.>> That not later than December 1, 
1999, the Secretary of Defense shall submit a report to the 
congressional defense committees on the scope and extent of healthcare 
contract claims, and on the action taken to implement the provisions of 
this section: Provided further, That nothing in this section should be 
construed as congressional direction to liquidate or pay any claims that 
otherwise would not have been adjudicated in favor of the claimant.

    Sec. 8158. Of the funds appropriated in title II of this Act under 
the heading ``Operation and Maintenance, Defense-Wide'', $8,000,000 
shall be available only for a community retraining, reinvestment, and 
manufacturing initiative to be conducted by an academic consortia with 
existing programs in manufacturing and retraining: 
Provided, <<NOTE: Deadline.>> That the $8,000,000 made available in this 
section shall be obligated by grant not later than 15 days after the 
enactment of this Act.

    Sec. 8159. <<NOTE: Deadline.>> (a) Report Required.--Not later than 
90 days after the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the management of the chemical weapons demilitarization program.

    (b) Report Elements.--The report under subsection (a) shall include 
the following:
            (1) A description and assessment of the current management 
        structure of the chemical weapons demilitarization program, 
        including the management of the assembled chemical weapons 
        assessment (ACWA) program.
            (2) An assessment of the feasibility and advisability for 
        the management of the chemical weapons demilitarization program 
        of the assignment of a panel for oversight of the management of 
        program, which panel would--
                    (A) consist of officials of the Department of 
                Defense and of other departments and agencies of the 
                Federal Government having an interest in the safe and 
                timely demilitarization of chemical weapons; and
                    (B) prepare annual reports on the schedule, cost, 
                and effectiveness of the program.

[[Page 113 STAT. 1274]]

            (3) Any other matters relating to the management of the 
        chemical weapons demilitarization program, including the 
        improvement of the management of the program, that the 
        Secretary considers appropriate.

    Sec. 8160. Notwithstanding any other provision of law, all military 
construction projects for which funds were appropriated in Public Law 
106-52 are hereby authorized.
    Sec. 8161. The Secretary of Defense may treat the opening of the 
National D-Day Museum in New Orleans, Louisiana, as an official event of 
the Department of Defense for the purposes of the provision of support 
for ceremonies and activities related to that opening.
    Sec. <<NOTE: 16 USC 431 note.>> 8162. Dwight D. Eisenhower Memorial. 
(a) Findings.--Congress finds that--
            (1) the people of the United States feel a deep debt of 
        gratitude to Dwight D. Eisenhower, who served as Supreme 
        Commander of the Allied Forces in Europe in World War II and 
        subsequently as 34th President of the United States; and
            (2) an appropriate permanent memorial to Dwight D. 
        Eisenhower should be created to perpetuate his memory and his 
        contributions to the United States.

    (b) Commission.--There <<NOTE: Establishment.>> is established a 
commission to be known as the ``Dwight D. Eisenhower Memorial 
Commission'' (referred to in this section as the ``Commission'').

    (c) Membership.--The Commission shall be composed of--
            (1) four persons appointed by the President, not more than 
        two of whom may be members of the same political party;
            (2) four Members of the Senate appointed by the President 
        Pro Tempore of the Senate in consultation with the Majority 
        Leader and Minority Leader of the Senate, of which not more than 
        two appointees may be members of the same political party; and
            (3) four Members of the House of Representatives appointed 
        by the Speaker of the House of Representatives in consultation 
        with the Majority Leader and Minority Leader of the House of 
        Representatives, of which not more than two appointees may be 
        members of the same political party.

    (d) Chair and Vice Chair.--The members of the Commission shall 
select a Chair and Vice Chair of the Commission. The Chair and Vice 
Chair shall not be members of the same political party.
    (e) Vacancies.--Any vacancy in the Commission shall not affect its 
powers if a quorum is present, but shall be filled in the same manner as 
the original appointment.
    (f ) Meetings.--
            (1) Initial <<NOTE: Deadline.>> meeting.--Not later than 45 
        days after the date on which a majority of the members of the 
        Commission have been appointed, the Commission shall hold its 
        first meeting.
            (2) Subsequent meetings.--The Commission shall meet at the 
        call of the Chair.

    (g) Quorum.--A majority of the members of the Commission shall 
constitute a quorum but a lesser number of members may hold hearings.
    (h) No Compensation.--A member of the Commission shall serve without 
compensation, but may be reimbursed for expenses incurred in carrying 
out the duties of the Commission.

[[Page 113 STAT. 1275]]

    (i) Duties.--The Commission shall consider and formulate plans for 
such a permanent memorial to Dwight D. Eisenhower, including its nature, 
design, construction, and location.
    ( j) Powers.--The Commission may--
            (1) make such expenditures for services and materials for 
        the purpose of carrying out this section as the Commission 
        considers advisable from funds appropriated or received as gifts 
        for that purpose;
            (2) accept gifts to be used in carrying out this section or 
        to be used in connection with the construction or other expenses 
        of the memorial; and
            (3) hold hearings, enter into contracts for personal 
        services and otherwise, and do such other things as are 
        necessary to carry out this section.

    (k) Reports.--The Commission shall--
            (1) report the plans under subsection (i), together with 
        recommendations, to the President and the Congress at the 
        earliest practicable date; and
            (2) in the interim, make annual reports on its progress to 
        the President and the Congress.

    (l) Applicability of Other Laws.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
    (m) Appropriation of Funds.--In addition to amounts 
provided elsewhere in this Act, there is appropriated to the Commission 
$300,000, to remain available until expended.
    Sec. 8163. (a) The Secretary of the Air Force may accept 
contributions from the State of New York for the project at Rome 
Research Site, Rome, New York authorized in section 2301(a) of the 
National Defense Authorization Act for Fiscal Year 2000, for purposes of 
carrying out military construction relating to the consolidation of Air 
Force Research Laboratory facilities at the Rome Research Site, Rome, 
New York. Any contributions received from the State of New York shall be 
in addition to the funds authorized for the project in section 
2304(a)(1) of the National Defense Authorization Act for Fiscal Year 
2000.
    (b) The item for ``New York, Rome Research Site'', in the table in 
section 2301(a) of the National Defense Authorization Act for Fiscal 
Year 2000 <<NOTE: Ante, p. 832.>> is amended by striking ``12,800,000'' 
and inserting ``25,800,000''.

    Sec. 8164. Chapter 1 of title I of division B of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public 
Law 105-277; 112 Stat. 2681-553) is amended in the paragraph under the 
heading ``Operation and Maintenance, Defense-Wide'' by inserting before 
the period at the end the following: ``: Provided further, That an 
amount not to exceed $75,000,000 of the funds provided under this 
heading shall remain available without fiscal year limitation after 
transfer from this account: Provided further, That, notwithstanding any 
other provision of law, the Secretary of Defense is authorized to 
transfer the funds referred to in the immediately preceding proviso to 
other activities of the Federal Government pursuant to section 1535 of 
title 31, United States Code (referred to as the `Economy Act')''.
    Sec. 8165. Review of Low Density, High Demand Assets. (a) Report to 
Congressional Defense Committees.--The Secretary of Defense shall submit 
to the congressional defense committees a report assessing the 
requirements, plans, and resources needed to maintain, update, 
modernize, restore, and expand the

[[Page 113 STAT. 1276]]

Department of Defense fleet of specialized aircraft and related 
equipment commonly described as ``Low Density, High Demand 
Assets''. <<NOTE: Deadline.>> The report shall be submitted no later 
than May 15, 2000 and shall be submitted in both classified and 
unclassified versions.

    (b) Assets to be Covered.--The report shall cover the following 
aircraft and equipment:
            (1) Electronic warfare aircraft and specialized jamming 
        equipment.
            (2) Intelligence, surveillance, and reconnaissance (ISR) 
        platforms and major systems, including--
                    (A) U-2 aircraft;
                    (B) AWACS aircraft;
                    (C) JSTARS aircraft;
                    (D) RIVET JOINT aircraft;
                    (E) tactical unmanned aerial vehicles (UAVs);
                    (F) interoperable/secure communications;
                    (G) command and control systems;
                    (H) new data links; and
                    (I) data fusion capability.
            (3) Strategic and tactical airlift aircraft.
            (4) Aerial refueling aircraft.
            (5) Strategic bomber aircraft.

    (c) Report Elements.--The report shall include for each asset 
specified in subsection (b) the following:
            (1) A description of--
                    (A) inventory, age, capabilities, current 
                deficiencies, usage rates, current and remaining service 
                life, and expected rates of fatigue;
                    (B) ability to provide logistical support;
                    (C) planned replacement dates; and
                    (D) number of sorties, percentage of inventory used, 
                and overall effectiveness in Operation Desert Fox and in 
                Operation Allied Force.
            (2) A comparison of the Department's plans and resource 
        requirements to update, replace, modernize, or restore the asset 
        as contained in the Future Years Defense Plan for fiscal year 
        2000 with those plans and resource requirements for that asset 
        as contained in the Future Years Defense Plan for fiscal year 
        2001, and an explanation for any significant difference in those 
        plans and requirements.
            (3) A detailed listing, by fiscal year, of--
                    (A) the total amount required to fulfill mission 
                needs statements and documented inventory objectives for 
                the asset in order to improve critical warfighting 
                capabilities over the next 10 years; and
                    (B) of that total amount for each such year, the 
                portion (stated as an amount and as a percentage) that 
                is not included in the fiscal year 2001 Future Years 
                Defense Plan.

    Sec. 8166. Of the funds appropriated in title II of this Act under 
the heading ``Operation and Maintenance, Army'', $5,000,000 shall be 
available only for a grant to the Chicago Public Schools for conversion 
and expansion of the former Eighth Regiment National Guard Armory 
(Bronzeville).
    Sec. 8167. Notwithstanding any other provision of law, $10,000,000, 
is hereby appropriated and authorized for ``Military

[[Page 113 STAT. 1277]]

Construction, Army National Guard'', to remain available until September 
30, 2004, for construction, and, contributions therefor, of an Army 
Aviation Support Facility at West Bend, Wisconsin.
    Sec. 8168. (a) Purpose.--The purpose of this section is to evaluate 
and demonstrate methods for more efficient operation of military 
installations through improved capital asset management and greater 
reliance on the public or private sector for less-costly base support 
services, where available.
    (b) Authority.--(1) The Secretary of the Air Force may carry out at 
Brooks Air Force Base, Texas, a demonstration project to be known as the 
``Base Efficiency Project'' to improve mission effectiveness and reduce 
the cost of providing quality installation support at Brooks Air Force 
Base.
    (2) The Secretary may carry out the Project in consultation with the 
Community to the extent the Secretary determines such consultation is 
necessary and appropriate.
    (3) The authority provided in this section is in addition to any 
other authority vested in or delegated to the Secretary, and the 
Secretary may exercise any authority or combination of authorities 
provided under this section or elsewhere to carry out the purposes of 
the Project.
    (c) Efficient Practices.--(1) The Secretary may convert services at 
or for the benefit of the Base from accomplishment by military personnel 
or by Department civilian employees (appropriated fund or non-
appropriated fund), to services performed by contract or provided as 
consideration for the lease, sale, or other conveyance or transfer of 
property.
    (2) Notwithstanding section 2462 of title 10, United States Code, a 
contract for services may be awarded based on ``best value'' if the 
Secretary determines that the award will advance the purposes of a joint 
activity conducted under the Project and is in the best interest of the 
Department.
    (3) Notwithstanding that such services are generally funded by local 
and State taxes and provided without specific charge to the public at 
large, the Secretary may contract for public services at or for the 
benefit of the Base in exchange for such consideration, if any, the 
Secretary determines to be appropriate.
    (4)(A) The Secretary may conduct joint activities with the 
Community, the State, and any private parties or entities on or for the 
benefit of the Base.
    (B) Payments or reimbursements received from participants for their 
share of direct and indirect costs of joint activities, including the 
costs of providing, operating, and maintaining facilities, shall be in 
an amount and type determined to be adequate and appropriate by the 
Secretary.
    (C) Such payments or reimbursements received by the Department shall 
be deposited into the Project Fund.
    (d) Lease Authority.--(1) The Secretary may lease real or personal 
property located on the Base and not required at other Air Force 
installations to any lessee upon such terms and conditions as the 
Secretary considers appropriate and in the interest of the United 
States, if the Secretary determines that the lease would facilitate the 
purposes of the Project.
    (2) Consideration for a lease under this subsection shall be 
determined in accordance with subsection (g).
    (3) A lease under this subsection--

[[Page 113 STAT. 1278]]

            (A) may be for such period as the Secretary determines is 
        necessary to accomplish the goals of the Project; and
            (B) may give the lessee the first right to purchase the 
        property at fair market value if the lease is terminated to 
        allow the United States to sell the property under any other 
        provision of law.

    (4)(A) The interest of a lessee of property leased under this 
subsection may be taxed by the State or the Community.
    (B) A lease under this subsection shall provide that, if and to the 
extent that the leased property is later made taxable by State 
governments or local governments under Federal law, the lease shall be 
renegotiated.
    (5) The Department may furnish a lessee with utilities, custodial 
services, and other base operation, maintenance, or support services 
performed by Department civilian or contract employees, in exchange for 
such consideration, payment, or reimbursement as the Secretary 
determines appropriate.
    (6) All amounts received from leases under this subsection shall be 
deposited into the Project Fund.
    (7) A lease under this subsection shall not be subject to the 
following provisions of law:
            (A) Section 2667 of title 10, United States Code, other than 
        subsection (b)(1) of that section.
            (B) Section 321 of the Act of June 30, 1932 (40 U.S.C. 
        303b).
            (C) The Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 471 et seq.).

    (e) Property Disposal.--(1) The Secretary may sell or otherwise 
convey or transfer real and personal property located at the Base to the 
Community or to another public or private party during the Project, upon 
such terms and conditions as the Secretary considers appropriate for 
purposes of the Project.
    (2) Consideration for a sale or other conveyance or transfer of 
property under this subsection shall be determined in accordance with 
subsection (g).
    (3) The sale or other conveyance or transfer of property under this 
subsection shall not be subject to the following provisions of law:
            (A) Section 2693 of title 10, United States Code.
            (B) The Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 471 et seq.).

    (4) Cash payments received as consideration for the sale or other 
conveyance or transfer of property under this subsection shall be 
deposited into the Project Fund.
    (f ) Leaseback of Property Leased or Disposed.--(1) The Secretary 
may lease, sell, or otherwise convey or transfer real property at the 
Base under subsections (b) and (e), as applicable, which will be 
retained for use by the Department or by another military department or 
other Federal agency, if the lessee, purchaser, or other grantee or 
transferee of the property agrees to enter into a leaseback to the 
Department in connection with the lease, sale, or other conveyance or 
transfer of one or more portions or all of the property leased, sold, or 
otherwise conveyed or transferred, as applicable.
    (2) A leaseback of real property under this subsection shall be an 
operating lease for no more than 20 years unless the Secretary of the 
Air Force determines that a longer term is appropriate.

[[Page 113 STAT. 1279]]

    (3)(A) Consideration, if any, for real property leased under a 
leaseback entered into under this subsection shall be in such form and 
amount as the Secretary considers appropriate.
    (B) The Secretary may use funds in the Project Fund or other funds 
appropriated or otherwise available to the Department for use at the 
Base for payment of any such cash rent.
    (4) Notwithstanding any other provision of law, the Department or 
other military department or other Federal agency using the real 
property leased under a leaseback entered into under this subsection may 
construct and erect facilities on or otherwise improve the leased 
property using funds appropriated or otherwise available to the 
Department or other military department or other Federal agency for such 
purpose.
    (g) Consideration.--(1) The Secretary shall determine the nature, 
value, and adequacy of consideration required or offered in exchange for 
a lease, sale, or other conveyance or transfer of real or personal 
property or for other actions taken under the Project.
    (2) Consideration may be in cash or in-kind or any combination 
thereof. In-kind consideration may include the following:
            (A) Real property.
            (B) Personal property.
            (C) Goods or services, including operation, maintenance, 
        protection, repair, or restoration (including environmental 
        restoration) of any property or facilities (including non-
        appropriated fund facilities).
            (D) Base operating support services.
            (E) Improvement of Department facilities.
            (F) Provision of facilities, including office, storage, or 
        other usable space, for use by the Department on or off the 
        Base.
            (G) Public services.

    (3) Consideration may not be for less than the fair market value.
    (h) Project Fund.--(1) There is established on the books of the 
Treasury a fund to be known as the ``Base Efficiency Project Fund'' into 
which all cash rents, proceeds, payments, reimbursements, and other 
amounts from leases, sales, or other conveyances or transfers, joint 
activities, and all other actions taken under the Project shall be 
deposited. All amounts deposited into the Project Fund are without 
fiscal year limitation.
    (2) Amounts in the Project Fund may be used only for operation, base 
operating support services, maintenance, repair, or improvement of 
Department facilities, payment of consideration for acquisitions of 
interests in real property (including payment of rentals for 
leasebacks), and environmental protection or restoration, in addition to 
or in combination with other amounts appropriated for these purposes.
    (3) Subject to generally prescribed financial management 
regulations, the Secretary shall establish the structure of the Project 
Fund and such administrative policies and procedures as the Secretary 
considers necessary to account for and control deposits into and 
disbursements from the Project Fund effectively.
    (4) All amounts in the Project Fund shall be available for use for 
the purposes authorized in paragraph (2) at the Base.
    (i) Federal Agencies.--(1)(A) Any Federal agency, its contractors, 
or its grantees shall pay rent, in cash or services, for the

[[Page 113 STAT. 1280]]

use of facilities or property at the Base, in an amount and type 
determined to be adequate by the Secretary.
    (B) Such rent shall generally be the fair market rental of the 
property provided, but in any case shall be sufficient to compensate the 
Base for the direct and overhead costs incurred by the Base due to the 
presence of the tenant agency on the Base.
    (2) Transfers of real or personal property at the Base to other 
Federal agencies shall be at fair market value consideration. Such 
consideration may be paid in cash, by appropriation transfer, or in 
property, goods, or services.
    (3) Amounts received from other Federal agencies, their contractors, 
or grantees, including any amounts paid by appropriation transfer, shall 
be deposited in the Project Fund.
    ( j) Reports to Congress.--(1) Section 2662 of title 10, United 
States Code, shall not apply to transactions at the Base during the 
Project.
    (2)(A) <<NOTE: Deadline. Reports.>> Not later than March 1 each 
year, the Secretary shall submit to the appropriate committees of the 
Congress a report on any transactions at the Base during the preceding 
fiscal year that would be subject to such section 2662.

    (B) The report shall include a detailed cost analysis of the 
financial savings and gains realized through joint activities and other 
actions under the Project authorized by this section and a description 
of the status of the Project.
    (k) Limitation.--None of the authorities in this section shall 
create any legal rights in any person or entity except rights embodied 
in leases, deeds, or contracts.
    (l) Expiration of Authority.--The authority to enter into a lease, 
deed, permit, license, contract, or other agreement under this section 
shall expire on September 30, 2004.
    (m) Definitions.--In this section:
            (1) The term ``Project'' means the Base Efficiency Project 
        authorized by this section.
            (2) The term ``Base'' means Brooks Air Force Base, Texas.
            (3) The term ``Community'' means the City of San Antonio, 
        Texas.
            (4) The term ``Department'' means the Department of the Air 
        Force.
            (5) The term ``facility'' means a building, structure, or 
        other improvement to real property (except a military family 
        housing unit as that term is used in subchapter IV of chapter 
        169 of title 10, United States Code).
            (6) The term ``joint activity'' means an activity conducted 
        on or for the benefit of the Base by the Department, jointly 
        with the Community, the State, or any private entity, or any 
        combination thereof.
            (7) The term ``Project Fund'' means the Base Efficiency 
        Project Fund established by subsection (h).
            (8) The term ``public services'' means public services 
        (except public schools, fire protection, and police protection) 
        that are funded by local and State taxes and provided without 
        specific charge to the public at large.
            (9) The term ``Secretary'' means the Secretary of the Air 
        Force or the Secretary's designee, who shall be a civilian 
        official of the Department appointed by the President with the 
        advice and consent of the Senate.
            (10) The term ``State'' means the State of Texas.

[[Page 113 STAT. 1281]]

    (n) The authorities provided in this section shall not take effect 
until June 15, 2000.
    Sec. 8169. Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act is hereby reduced by $400,000,000, 
to be distributed as follows:
            ``Operation and Maintenance, Army'', $115,000,000;
            ``Operation and Maintenance, Navy'', $150,000,000;
            ``Operation and Maintenance, Marine Corps'', $20,000,000; 
        and
            ``Operation and Maintenance, Air Force'', $115,000,000:

Provided, That of the unobligated amounts made available in section 2008 
of title II, chapter 3 of Public Law 106-31, $400,000,000 shall be made 
available only for depot level maintenance and repair, as follows:
            ``Operation and Maintenance, Army'', $115,000,000;
            ``Operation and Maintenance, Navy'', $150,000,000;
            ``Operation and Maintenance, Marine Corps'', $20,000,000; 
        and
            ``Operation and Maintenance, Air Force'', $115,000,000.

    Sec. 8170. Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act is hereby reduced by $550,000,000, 
to be distributed as follows:
            ``Operation and Maintenance, Army'', $170,000,000;
            ``Operation and Maintenance, Navy'', $170,000,000;
            ``Operation and Maintenance, Marine Corps'', $40,000,000; 
        and
            ``Operation and Maintenance, Air Force'', $170,000,000:

Provided, That of the unobligated amounts made available in section 2007 
of title II, chapter 3 of Public Law 106-31, $550,000,000 shall be made 
available only for spare and repair parts and associated logistical 
support necessary for the maintenance of weapons systems and equipment, 
as follows:
            ``Operation and Maintenance, Army'', $170,000,000;
            ``Operation and Maintenance, Navy'', $170,000,000;
            ``Operation and Maintenance, Marine Corps'', $40,000,000; 
        and
            ``Operation and Maintenance, Air Force'', $170,000,000.

    Sec. 8171. Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act is hereby reduced by $100,000,000, 
to be distributed as follows:
            ``Operation and Maintenance, Army'', $60,000,000;
            ``Operation and Maintenance, Navy'', $20,000,000; and
            ``Operation and Maintenance, Air Force'', $20,000,000:

Provided, That of the unobligated amounts made available in section 2011 
of title II, chapter 3 of Public Law 106-31, $100,000,000 shall be made 
available only for base operations support costs at Department of 
Defense facilities, as follows:
            ``Operation and Maintenance, Army'', $60,000,000;
            ``Operation and Maintenance, Navy'', $20,000,000; and
            ``Operation and Maintenance, Air Force'', $20,000,000.

    Sec. 8172. Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act is hereby reduced by $356,400,000, 
to be distributed as follows:
            ``Weapons Procurement, Navy'', $50,900,000;
            ``Procurement of Ammunition, Navy and Marine Corps'', 
        $113,500,000;
            ``Aircraft Procurement, Air Force'', $20,800,000; and

[[Page 113 STAT. 1282]]

            ``Procurement of Ammunition, Air Force'', $171,200,000:

Provided, That the Secretary of Defense shall allocate these reductions 
to reflect savings available as a result of the increased procurement of 
munitions resulting from funds made available in title II, chapter 3 of 
Public Law 106-31.
    Sec. 8173. (a) Notwithstanding any other provision of this Act, 
amounts otherwise provided by this Act in title II for the following 
accounts and activities are reduced by the following amounts:
            ``Operation and Maintenance, Army'', $1,572,947,000;
            ``Operation and Maintenance, Navy'', $1,874,598,000;
            ``Operation and Maintenance, Marine Corps'', $228,709,000;
            ``Operation and Maintenance, Air Force'', $1,707,150,000;
            ``Operation and Maintenance, Defense-Wide'', $939,341,000;
            ``Operation and Maintenance, Army Reserve'', $120,072,000;
            ``Operation and Maintenance, Navy Reserve'', $77,598,000;
            ``Operation and Maintenance, Marine Corps Reserve'', 
        $11,346,000;
            ``Operation and Maintenance, Air Force Reserve'', 
        $145,393,000;
            ``Operation and Maintenance, Army National Guard'', 
        $258,115,000;
            ``Operation and Maintenance, Air National Guard'', 
        $264,731,000;
                    in all: $7,200,000,000.

    (b) In addition to amounts appropriated elsewhere in this Act there 
are hereby appropriated the following amounts for the following 
accounts:
            ``Operation and Maintenance, Army'', $1,572,947,000;
            ``Operation and Maintenance, Navy'', $1,874,598,000;
            ``Operation and Maintenance, Marine Corps'', $228,709,000;
            ``Operation and Maintenance, Air Force'', $1,707,150,000;
            ``Operation and Maintenance, Defense-Wide'', $939,341,000;
            ``Operation and Maintenance, Army Reserve'', $120,072,000;
            ``Operation and Maintenance, Navy Reserve'', $77,598,000;
            ``Operation and Maintenance, Marine Corps Reserve'', 
        $11,346,000;
            ``Operation and Maintenance, Air Force Reserve'', 
        $145,393,000;
            ``Operation and Maintenance, Army National Guard'', 
        $258,115,000;
            ``Operation and Maintenance, Air National Guard'', 
        $264,731,000;
                    in all; $7,200,000,000:

Provided, That the entire amount shall be available only to the extent 
an official budget request for $7,200,000,000, that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of such 
Act.
    Sec. 8174. None of the funds appropriated or otherwise made 
available in this Act may be used for the American Heritage Rivers 
Initiative.

[[Page 113 STAT. 1283]]

    Sec. 8175. Notwithstanding any other provision of law, the 
Department of Defense shall make progress payments based on progress no 
less than 12 days after receiving a valid billing and the Department of 
Defense shall make progress payments based on cost no less than 19 days 
after receiving a valid billing.
    Sec. 8176. Notwithstanding any other provision of law, the 
Department of Defense shall make adjustments in payment procedures and 
policies to ensure that payments are made no less than 29 days after 
receipt of a proper invoice.

                                TITLE IX

         WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN

    Sec. 9001. <<NOTE: 22 USC 2799aa-1 note.>> (a) Waiver Authority.--
Except as provided in subsections (b) and (c) of this section, the 
President may waive, with respect to India and Pakistan, the application 
of any sanction contained in section 101 or 102 of the Arms Export 
Control Act (22 U.S.C. 2799aa or 22 U.S.C. 2799aa-1), section 2(b)(4) of 
the Export Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section 
620E(e) of the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 
2375(e)).

    (b) Exception.--The authority to waive the application of a sanction 
or prohibition (or portion thereof ) under subsection (a) shall not 
apply with respect to a sanction or prohibition contained in 
subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export 
Control Act, unless the President determines, and so certifies to the 
Congress, that the application of the restriction would not be in the 
national security interests of the United States.
    (c) Termination of Waiver.--The President may not exercise the 
authority of subsection (a), and any waiver previously issued under 
subsection (a) shall cease to apply, with respect to India or Pakistan, 
if that country detonates a nuclear explosive device after the date of 
the enactment of this Act or otherwise takes such action which would 
cause the President to report pursuant to section 102(b)(1) of the Arms 
Export Control Act.
    (d) Targeted Sanctions.--
            (1) Sense of the congress.--
                    (A) it is the sense of the Congress that the broad 
                application of export controls to nearly 300 Indian and 
                Pakistani entities is inconsistent with the specific 
                national security interests of the United States and 
                that this control list requires refinement; and
                    (B) export controls should be applied only to those 
                Indian and Pakistani entities that make direct and 
                material contributions to weapons of mass destruction 
                and missile programs and only to those items that can 
                contribute to such programs.
            (2) Reporting <<NOTE: Deadline.>> requirement.--Not later 
        than 60 days after the date of the enactment of this Act, the 
        President shall submit both a classified and unclassified report 
        to the appropriate congressional committees listing those Indian 
        and Pakistani entities whose activities contribute to missile 
        programs or weapons of mass destruction programs.

    (e) Congressional Notification.--The issuance of a license for 
export of a defense article, defense service, or technology under

[[Page 113 STAT. 1284]]

the authority of this section shall be subject to the same requirements 
as are applicable to the export of items described in section 36(c) of 
the Arms Export Control Act (22 U.S.C. 2776(c)), including the 
transmittal of information and the application of congressional review 
procedures.
    (f ) Repeal.--The India-Pakistan Relief Act (title IX of the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 1999, as contained in section 
101(a) of Public Law 105-277) <<NOTE: 22 USC 2799aa-1 note.>> is 
repealed effective October 21, 1999.

    This Act may be cited as the ``Department of Defense Appropriations 
Act, 2000''.

    Approved October 25, 1999.

LEGISLATIVE HISTORY--H.R. 2561 (S. 1122):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 106-244 (Comm. on Appropriations) and 106-371 
(Comm. of Conference).
SENATE REPORTS: No. 106-53 accompanying S. 1122 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 145 (1999):
            July 22, considered and passed House.
            July 28, considered and passed Senate, amended, in lieu of 
                S. 1122.
            Oct. 13, House agreed to conference report.
            Oct. 14, Senate agreed to conference report.

                                  <all>