65 521
2000
106 th Congress 2d Session
HOUSE OF REPRESENTATIVES
Report
106 754
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES
CONFERENCE REPORT
to accompany
H.R. 4576
[Graphic Image Not Available]
July 17, 2000.--Ordered to be printed
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES
65 521
2000
106 th Congress 2d Session
HOUSE OF REPRESENTATIVES
Report
106 754
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES
CONFERENCE REPORT
to accompany
H.R. 4576
[Graphic Image Not Available]
July 17, 2000.--Ordered to be printed
106 th Congress
Report
HOUSE OF REPRESENTATIVES
2d Session
106 754
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES
July 17, 2000.--Ordered to be printed
Mr. Lewis of California, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany H.R. 4576]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 4576) ``making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2001, and for other purposes'', having met, after full and
free conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the amendment of the
Senate, and agree to the same with an amendment, as follows:
In lieu of the matter stricken and inserted by said amendment, insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2001, for military functions administered by the
Department of Defense, and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97 377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the
Department of Defense Military Retirement Fund, $22,175,357,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97 377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the
Department of Defense Military Retirement Fund, $17,772,297,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97 377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social
Security Act (42 U.S.C. 429(b)), and to the Department of Defense
Military Retirement Fund, $6,833,100,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97 377, as amended (42 U.S.C. 402
note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement Fund,
$18,174,284,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and for members of the Reserve Officers' Training Corps, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$2,473,001,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and for members of the Reserve
Officers' Training Corps, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,576,174,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $448,886,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and for members of the Air Reserve Officers' Training Corps, and
expenses authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund,
$971,024,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of title
32, United States Code, or while serving on duty under section 12301(d)
of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,782,536,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$1,641,081,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Army, as authorized by law; and not to exceed
$10,616,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of the Army,
and payments may be made on his certificate of necessity for
confidential military purposes, $19,144,431,000 and, in addition,
$50,000,000 shall be derived by transfer from the National Defense
Stockpile Transaction Fund: Provided , That of the funds made available
under this heading, $5,000,000, to remain available until expended,
shall be transferred to ``National Park Service--Construction'' within
30 days of enactment of this Act, only for necessary infrastructure
repair improvements at Fort Baker, under the management of the Golden
Gate Recreation Area: Provided further , That of the funds appropriated
in this paragraph, not less than $355,000,000 shall be made available
only for conventional ammunition care and maintenance.
OPERATION AND MAINTENANCE, NAVY
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Navy and the Marine Corps, as authorized by law;
and not to exceed $5,146,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Navy, and payments may be made on his certificate
of necessity for confidential military purposes, $23,419,360,000 and, in
addition, $50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Marine Corps, as authorized by law,
$2,778,758,000.
OPERATION AND MAINTENANCE, AIR FORCE
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Air Force, as authorized by law; and not to
exceed $7,878,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $22,383,521,000 and, in
addition, $50,000,000, shall be derived by transfer from the National
Defense Stockpile Transaction Fund: Provided , That notwithstanding any
other provision of law, that of the funds available under this heading,
$500,000 shall only be available to the Secretary of the Air Force for a
grant to Florida Memorial College for the purpose of funding minority
aviation training.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the operation
and maintenance of activities and agencies of the Department of Defense
(other than the military departments), as authorized by law,
$11,844,480,000, of which not to exceed $25,000,000 may be available for
the CINC initiative fund account; and of which not to exceed $30,000,000
can be used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and payments
may be made on his certificate of necessity for confidential military
purposes: Provided , That of the amount provided under this heading,
$5,000,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance, procurement, and research, development, test and evaluation
appropriations accounts, to be merged with and to be available for the
same time period as the appropriations to which transferred: Provided
further , That the transfer authority provided under this heading is in
addition to any other transfer authority provided in this Act.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration,
of the Army Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications, $1,562,118,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration,
of the Navy Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications, $978,946,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration,
of the Marine Corps Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications, $145,959,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration,
of the Air Force Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications, $1,903,659,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $3,333,835,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, repair, and other necessary expenses
of facilities for the training and administration of the Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things, hire of passenger
motor vehicles; supplies, materials, and equipment, as authorized by law
for the Air National Guard; and expenses incident to the maintenance and
use of supplies, materials, and equipment, including such as may be
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $3,474,375,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations by
United States military forces, $3,938,777,000, to remain available until
expended: Provided , That the Secretary of Defense may transfer these
funds only to military personnel accounts; operation and maintenance
accounts within this title; the Defense Health Program appropriation;
procurement accounts; research, development, test and evaluation
accounts; and to working capital funds: Provided further , That the
funds transferred shall be merged with and shall be available for the
same purposes and for the same time period, as the appropriation to
which transferred: Provided further , That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further , That the
transfer authority provided in this paragraph is in addition to any
other transfer authority contained elsewhere in this Act.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $8,574,000, of which not to exceed $2,500
can be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(including transfer of funds)
For the Department of the Army, $389,932,000, to remain available
until transferred: Provided , That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided further
, That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, NAVY
(including transfer of funds)
For the Department of the Navy, $294,038,000, to remain available
until transferred: Provided , That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided further
, That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, AIR FORCE
(including transfer of funds)
For the Department of the Air Force, $376,300,000, to remain
available until transferred: Provided , That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further , That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(including transfer of funds)
For the Department of Defense, $21,412,000, to remain available until
transferred: Provided , That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be merged
with and to be available for the same purposes and for the same time
period as the appropriations to which transferred: Provided further ,
That upon a determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
(including transfer of funds)
For the Department of the Army, $231,499,000, to remain available
until transferred: Provided , That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further , That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 2547, and 2551 of title
10, United States Code), $55,900,000, to remain available until
September 30, 2002.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet Union, including
assistance provided by contract or by grants, for facilitating the
elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and
weapon-related technology and expertise; for programs relating to the
training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, $443,400,000, to remain available
until September 30, 2003: Provided , That of the amounts provided under
this heading, $25,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines and submarine reactor
components in the Russian Far East.
QUALITY OF LIFE ENHANCEMENTS, DEFENSE
For expenses, not otherwise provided for, resulting from unfunded
shortfalls in the repair and maintenance of real property of the
Department of Defense (including military housing and barracks),
$160,500,000, for the maintenance of real property of the Department of
Defense (including minor construction and major maintenance and repair),
which shall remain available for obligation until September 30, 2002, as
follows:
Army, $100,000,000;
Navy, $20,000,000;
Marine Corps, $10,000,000;
Air Force, $20,000,000; and
Defense-Wide, $10,500,000:
Provided , That notwithstanding any other provision of law, of the
funds appropriated under this heading for Defense-Wide activities, the
entire amount shall only be available for grants by the Secretary of
Defense to local educational authorities which maintain primary and
secondary educational facilities located within Department of Defense
installations, and which are used primarily by Department of Defense
military and civilian dependents, for facility repairs and improvements
to such educational facilities: Provided further , That such grants to
local educational authorities may be made for repairs and improvements
to such educational facilities as required to meet classroom size
requirements: Provided further , That the cumulative amount of any grant
or grants to any single local education authority provided pursuant to
the provisions under this heading shall not exceed $1,500,000.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,571,812,000, to remain available for obligation until
September 30, 2003: Provided , That of the $189,601,000 appropriated
under this heading for the procurement of UH 60 helicopters, $78,520,000
shall be available only for the procurement of eight such aircraft to be
provided to the Army Reserve.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,320,681,000, to remain available for obligation until
September 30, 2003.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $2,472,524,000, to
remain available for obligation until September 30, 2003.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,220,516,000, to remain available for obligation until
September 30, 2003.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of not to exceed 35 passenger motor vehicles for
replacement only; and the purchase of 12 vehicles required for physical
security of personnel, notwithstanding price limitations applicable to
passenger vehicles but not to exceed $200,000 per vehicle;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $4,497,009,000, to
remain available for obligation until September 30, 2003.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$8,477,138,000, to remain available for obligation until September 30,
2003.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $1,461,600,000, to remain available for obligation
until September 30, 2003.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $498,349,000, to remain available for obligation until
September 30, 2003.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long
leadtime components and designs for vessels to be constructed or
converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title, as follows:
Carrier Replacement Program, $4,053,653,000;
Carrier Replacement Program (AP), $21,869,000;
NSSN, $1,198,012,000;
NSSN (AP), $508,222,000;
CVN Refuelings, $698,441,000;
CVN Refuelings (AP), $25,000,000;
Submarine Refuelings, $210,414,000;
Submarine Refuelings (AP), $72,277,000;
DDG 51 destroyer program, $2,703,559,000;
DDG 51 destroyer program (AP), $456,843,000;
LPD 17 (AP), $560,700,000;
LHD 8, $460,000,000;
ADC(X), $338,951,000;
LCAC landing craft air cushion program, $15,615,000; and
For craft, outfitting, post delivery, conversions, and first
destination transformation transportation, $291,077,000;
In all: $11,614,633,000, to remain available for obligation until
September 30, 2005: Provided , That additional obligations may be
incurred after September 30, 2005, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further , That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further , That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further , That the Secretary
of the Navy is hereby granted the authority to enter into a contract for
an LHD 1 Amphibious Assault Ship which shall be funded on an incremental
basis: Provided further , That the amount made available for the LPD 17
program may be obligated for expenditure for the procurement of
contractor furnished and government furnished material and equipment,
and necessary advance construction activities.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of not to exceed 63 passenger motor vehicles for replacement
only, and the purchase of one vehicle required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $200,000; expansion of public and private
plants, including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$3,557,380,000, to remain available for obligation until September 30,
2003.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of not to exceed 33 passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,233,268,000, to remain available for obligation
until September 30, 2003.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, lease, and modification of aircraft
and equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $7,583,345,000, to remain available for
obligation until September 30, 2003.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of things,
$2,863,778,000, to remain available for obligation until September 30,
2003.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $647,808,000, to remain available for obligation until
September 30, 2003.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed 173,
passenger motor vehicles for replacement only, and the purchase of one
vehicle required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to exceed
$200,000; lease of passenger motor vehicles; and expansion of public and
private plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $7,763,747,000, to remain available for obligation until
September 30, 2003.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of not to
exceed 115 passenger motor vehicles for replacement only; the purchase
of 10 vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $250,000 per vehicle; expansion of public and private
plants, equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway, $2,346,258,000, to
remain available for obligation until September 30, 2003.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sections 108,
301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. App.
2078, 2091, 2092, and 2093), $3,000,000 only for microwave power tubes
and the wireless vibration sensor supplier initiative and to remain
available until expended.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $100,000,000, to remain available for
obligation until September 30, 2003: Provided , That the Chiefs of the
Reserve and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $6,342,552,000, to
remain available for obligation until September 30, 2002.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $9,494,374,000, to
remain available for obligation until September 30, 2002: Provided ,
That funds appropriated in this paragraph which are available for the V
22 may be used to meet unique requirements of the Special Operation
Forces.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $14,138,244,000, to
remain available for obligation until September 30, 2002.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $11,157,375,000, to remain
available for obligation until Septem-ber 30, 2002.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $227,060,000, to remain available for obligation until
September 30, 2002.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $916,276,000: Provided , That
during fiscal year 2001, funds in the Defense Working Capital Funds may
be used for the purchase of not to exceed 330 passenger carrying motor
vehicles for replacement only for the Defense Security Service.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects, and activities,
and for expenses of the National Defense Reserve Fleet, as established
by section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App.
1744), $400,658,000, to remain available until expended: Provided , That
none of the funds provided in this paragraph shall be used to award a
new contract that provides for the acquisition of any of the following
major components unless such components are manufactured in the United
States: auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (that is; engines, reduction
gears, and propellers); shipboard cranes; and spreaders for shipboard
cranes: Provided further , That the exercise of an option in a contract
awarded through the obligation of previously appropriated funds shall
not be considered to be the award of a new contract: Provided further ,
That the Secretary of the military department responsible for such
procurement may waive the restrictions in the first proviso on a
case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes.
NATIONAL DEFENSE AIRLIFT FUND
(including transfer of funds)
For National Defense Airlift Fund programs, projects, and activities,
$2,840,923,000, to remain available until expended: Provided, That these
funds shall only be available for transfer to the appropriate C 17
program P 1 line items of Title III of this Act for the purposes
specified in this section: Provided further, That the funds transferred
under the authority provided within this section shall be merged with
and shall be available for the same purposes, and for the same time
period, as the appropriation to which transferred: Provided further,
That the transfer authority provided in this section is in addition to
any other transfer authority contained elsewhere in this Act.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health care
programs of the Department of Defense, as authorized by law,
$12,117,779,000, of which $11,414,393,000 shall be for Operation and
maintenance, of which not to exceed 2 percent shall remain available
until September 30, 2002; of which $290,006,000, to remain available for
obligation until September 30, 2003, shall be for Procurement; of which
$413,380,000, to remain available for obligation until September 30,
2002, shall be for Research, development, test and evaluation, and of
which $10,000,000 shall be available for HIV prevention educational
activities undertaken in connection with U.S. military training,
exercises, and humanitarian assistance activities conducted in African
nations.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $980,100,000, of which $600,000,000 shall be
for Operation and maintenance to remain available until September 30,
2002, $105,700,000 shall be for Procurement to remain available until
September 30, 2003, and $274,400,000 shall be for Research, development,
test and evaluation to remain available until September 30, 2002:
Provided , That of the funds available under this heading, $1,000,000
shall be available until expended each year only for a Johnston Atoll
off-island leave program: Provided further , That the Secretaries
concerned shall, pursuant to uniform regulations, prescribe travel and
transportation allowances for travel by participants in the off-island
leave program: Provided further, That the amount available under
Operation and maintenance shall also be available for the conveyance,
without consideration, of the Emergency One Cyclone II Custom Pumper
truck subject to Army Loan DAAMO1 98 L 0001 to the Umatilla Indian
Tribe, the current lessee.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
Operation and maintenance; for Procurement; and for Research,
development, test and evaluation, $869,000,000: Provided , That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further , That the transfer authority
provided under this heading is in addition to any other transfer
authority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $147,545,000 , of which $144,245,000 shall be for Operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $3,300,000 to remain available until September
30, 2003, shall be for Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $216,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account, $148,631,000, of which $22,577,000 for the Advanced Research
and Development Committee shall remain available until September 30,
2002: Provided , That of the funds appropriated under this heading,
$34,100,000 shall be transferred to the Department of Justice for the
National Drug Intelligence Center to support the Department of Defense's
counter-drug intelligence responsibilities, and of the said amount,
$1,500,000 for Procurement shall remain available until September 30,
2003, and $1,000,000 for Research, development, test and evaluation
shall remain available until September 30, 2002: Provided further, That
the National Drug Intelligence Center shall maintain the personnel and
technical resources to provide timely support to law enforcement
authorities to conduct document exploitation of materials collected in
federal, state, and local law enforcement activity.
PAYMENT TO KAHO'OLAWE ISLAND CONVEYANCE, REMEDIATION, AND ENVIRONMENTAL
RESTORATION FUND
For payment to Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Fund, as authorized by law, $60,000,000, to
remain available until expended.
NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102 183, $6,950,000, to
be derived from the National Security Education Trust Fund, to remain
available until expended.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any person
not a citizen of the United States shall not apply to personnel of the
Department of Defense: Provided , That salary increases granted to
direct and indirect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the provisions of
section 5332 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation to its
own employees, whichever is higher: Provided further , That this section
shall not apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further , That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense in the
Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this Act
which are limited for obligation during the current fiscal year shall be
obligated during the last 2 months of the fiscal year: Provided , That
this section shall not apply to obligations for support of active duty
training of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(TRANSFER OF FUNDS)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$2,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided , That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the Congress: Provided further , That
the Secretary of Defense shall notify the Congress promptly of all
transfers made pursuant to this authority or any other authority in this
Act: Provided further , That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher priority
items, based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress.
(TRANSFER OF FUNDS)
Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided , That transfers may be made between such
funds: Provided further , That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital funds in
this Act, no obligations may be made against a working capital fund to
procure or increase the value of war reserve material inventory, unless
the Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8007. Funds appropriated by this Act may not be used to initiate
a special access program without prior notification 30 calendar days in
session in advance to the congressional defense committees.
Sec. 8008. None of the funds provided in this Act shall be available
to initiate: (1) a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any 1 year of the
contract or that includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity procurement in
excess of $20,000,000 in any 1 year, unless the congressional defense
committees have been notified at least 30 days in advance of the
proposed contract award: Provided , That no part of any appropriation
contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is
not funded at least to the limits of the Government's liability:
Provided further , That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement contracts for
any systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further , That no multiyear procurement contract can be
terminated without 10-day prior notification to the congressional
defense committees: Provided further , That the execution of multiyear
authority shall require the use of a present value analysis to determine
lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for multiyear
procurement contracts as follows:
Javelin missile; M2A3 Bradley fighting vehicle; DDG 51 destroyer;
and UH 60/CH 60 aircraft.
Sec. 8009. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States Code.
Such funds may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States Code,
and these obligations shall be reported to the Congress on September 30
of each year: Provided , That funds available for operation and
maintenance shall be available for providing humanitarian and similar
assistance by using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia, pursuant to
the Compact of Free Association as authorized by Public Law 99 239:
Provided further , That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical education
programs conducted at Army medical facilities located in Hawaii, the
Secretary of the Army may authorize the provision of medical services at
such facilities and transportation to such facilities, on a
nonreimbursable basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall Islands, the
Federated States of Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2001, the civilian personnel of the
Department of Defense may not be managed on the basis of any
end-strength, and the management of such personnel during that fiscal
year shall not be subject to any constraint or limitation (known as an
end-strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2002 budget request for the Department of Defense
as well as all justification material and other documentation supporting
the fiscal year 2002 Department of Defense budget request shall be
prepared and submitted to the Congress as if subsections (a) and (b) of
this provision were effective with regard to fiscal year 2002.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8011. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of
Defense to exceed, outside the 50 United States, its territories, and
the District of Columbia, 125,000 civilian workyears: Provided , That
workyears shall be applied as defined in the Federal Personnel Manual:
Provided further , That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in this workyear
limitation.
Sec. 8012. None of the funds made available by this Act shall be used
in any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before the Congress.
Sec. 8013. (a) None of the funds appropriated by this Act shall be
used to make contributions to the Department of Defense Education
Benefits Fund pursuant to section 2006(g) of title 10, United States
Code, representing the normal cost for future benefits under section
3015(d) of title 38, United States Code, for any member of the armed
services who, on or after the date of the enactment of this Act, enlists
in the armed services for a period of active duty of less than 3 years,
nor shall any amounts representing the normal cost of such future
benefits be transferred from the Fund by the Secretary of the Treasury
to the Secretary of Veterans Affairs pursuant to section 2006(d) of
title 10, United States Code; nor shall the Secretary of Veterans
Affairs pay such benefits to any such member: Provided , That these
limitations shall not apply to members in combat arms skills or to
members who enlist in the armed services on or after July 1, 1989, under
a program continued or established by the Secretary of Defense in fiscal
year 1991 to test the cost-effective use of special recruiting
incentives involving not more than 19 noncombat arms skills approved in
advance by the Secretary of Defense: Provided further , That this
subsection applies only to active components of the Army.
(b) None of the funds appropriated by this Act shall be available for
the basic pay and allowances of any member of the Army participating as
a full-time student and receiving benefits paid by the Secretary of
Veterans Affairs from the Department of Defense Education Benefits Fund
when time spent as a full-time student is credited toward completion of
a service commitment: Provided , That this subsection shall not apply to
those members who have reenlisted with this option prior to October 1,
1987: Provided further , That this subsection applies only to active
components of the Army.
Sec. 8014. None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the enactment
of this Act, is performed by more than 10 Department of Defense civilian
employees until a most efficient and cost-effective organization
analysis is completed on such activity or function and certification of
the analysis is made to the Committees on Appropriations of the House of
Representatives and the Senate: Provided , That this section and
subsections (a), (b), and (c) of 10 U.S.C. 2461 shall not apply to a
commercial or industrial type function of the Department of Defense
that: (1) is included on the procurement list established pursuant to
section 2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred
to as the Javits-Wagner-O'Day Act; (2) is planned to be converted to
performance by a qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely handicapped individuals in
accordance with that Act; or (3) is planned to be converted to
performance by a qualified firm under 51 percent ownership by an Indian
tribe, as defined in section 450b(e) of title 25, United States Code, or
a Native Hawaiian organization, as defined in section 637(a)(15) of
title 15, United States Code.
(TRANSFER OF FUNDS)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101 510; 10 U.S.C. 2301 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and agencies)
of welded shipboard anchor and mooring chain 4 inches in diameter and
under unless the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in the
United States: Provided , That for the purpose of this section
manufactured will include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further , That for the purpose of this section
substantially all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further , That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8017. None of the funds appropriated by this Act available for
the Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS) or TRICARE shall be available for the reimbursement of any
health care provider for inpatient mental health service for care
received when a patient is referred to a provider of inpatient mental
health care or residential treatment care by a medical or health care
professional having an economic interest in the facility to which the
patient is referred: Provided , That this limitation does not apply in
the case of inpatient mental health services provided under the program
for persons with disabilities under subsection (d) of section 1079 of
title 10, United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary of Defense
because of medical or psychological circumstances of the patient that
are confirmed by a health professional who is not a Federal employee
after a review, pursuant to rules prescribed by the Secretary, which
takes into account the appropriate level of care for the patient, the
intensity of services required by the patient, and the availability of
that care.
Sec. 8018. Funds available in this Act may be used to provide
transportation for the next-of-kin of individuals who have been
prisoners of war or missing in action from the Vietnam era to an annual
meeting in the United States, under such regulations as the Secretary of
Defense may prescribe.
Sec. 8019. Notwithstanding any other provision of law, during the
current fiscal year, the Secretary of Defense may, by executive
agreement, establish with host nation governments in NATO member states
a separate account into which such residual value amounts negotiated in
the return of United States military installations in NATO member states
may be deposited, in the currency of the host nation, in lieu of direct
monetary transfers to the United States Treasury: Provided , That such
credits may be utilized only for the construction of facilities to
support United States military forces in that host nation, or such real
property maintenance and base operating costs that are currently
executed through monetary transfers to such host nations: Provided
further , That the Department of Defense's budget submission for fiscal
year 2002 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property maintenance
or base operating costs that shall be funded by the host nation through
such credits: Provided further , That all military construction projects
to be executed from such accounts must be previously approved in a prior
Act of Congress: Provided further , That each such executive agreement
with a NATO member host nation shall be reported to the congressional
defense committees, the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations of the
Senate 30 days prior to the conclusion and endorsement of any such
agreement established under this provision.
Sec. 8020. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M 1 Carbines, M 1 Garand
rifles, M 14 rifles, .22 caliber rifles, .30 caliber rifles, or M 1911
pistols.
Sec. 8021. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided , That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional defense
committees that such a relocation is required in the best interest of
the Government.
Sec. 8022. In addition to the funds provided elsewhere in this Act,
$8,000,000 is appropriated only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided , That a subcontractor at any tier shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544).
Sec. 8023. During the current fiscal year, funds appropriated or
otherwise available for any Federal agency, the Congress, the judicial
branch, or the District of Columbia may be used for the pay, allowances,
and benefits of an employee as defined by section 2105 of title 5,
United States Code, or an individual employed by the government of the
District of Columbia, permanent or temporary indefinite, who--
(1) is a member of a Reserve component of the Armed Forces, as
described in section 10101 of title 10, United States Code, or the
National Guard, as described in section 101 of title 32, United States
Code;
(2) performs, for the purpose of providing military aid to enforce
the law or providing assistance to civil authorities in the protection
or saving of life or property or prevention of injury--
(A) Federal service under sections 331, 332, 333, or 12406 of title
10, United States Code, or other provision of law, as applicable; or
(B) full-time military service for his or her State, the District of
Columbia, the Commonwealth of Puerto Rico, or a territory of the United
States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without regard to the
provisions of sections 5519 and 6323(b) of title 5, United States Code,
if such employee is otherwise entitled to such annual leave:
Provided , That any employee who requests leave under subsection
(3)(A) for service described in subsection (2) of this section is
entitled to such leave, subject to the provisions of this section and of
the last sentence of section 6323(b) of title 5, United States Code, and
such leave shall be considered leave under section 6323(b) of title 5,
United States Code.
Sec. 8024. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A 76 if the study being performed exceeds a period of 24 months
after initiation of such study with respect to a single function
activity or 48 months after initiation of such study for a
multi-function activity.
Sec. 8025. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8026. Notwithstanding any other provision of law or regulation,
the Secretary of Defense may adjust wage rates for civilian employees
hired for certain health care occupations as authorized for the
Secretary of Veterans Affairs by section 7455 of title 38, United States
Code.
Sec. 8027. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such action
would reduce the WC 130 Weather Reconnaissance mission below the levels
funded in this Act.
Sec. 8028. (a) Of the funds for the procurement of supplies or
services appropriated by this Act, qualified nonprofit agencies for the
blind or other severely handicapped shall be afforded the maximum
practicable opportunity to participate as subcontractors and suppliers
in the performance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern which has
negotiated with a military service or defense agency a subcontracting
plan for the participation by small business concerns pursuant to
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be given
credit toward meeting that subcontracting goal for any purchases made
from qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified nonprofit
agency for the blind or other severely handicapped'' means a nonprofit
agency for the blind or other severely handicapped that has been
approved by the Committee for the Purchase from the Blind and Other
Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46
48).
Sec. 8029. During the current fiscal year, net receipts pursuant to
collections from third party payers pursuant to section 1095 of title
10, United States Code, shall be made available to the local facility of
the uniformed services responsible for the collections and shall be over
and above the facility's direct budget amount.
Sec. 8030. During the current fiscal year, the Department of Defense
is authorized to incur obligations of not to exceed $350,000,000 for
purposes specified in section 2350j(c) of title 10, United States Code,
in anticipation of receipt of contributions, only from the Government of
Kuwait, under that section: Provided , That upon receipt, such
contributions from the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8031. Of the funds made available in this Act, not less than
$21,417,000 shall be available for the Civil Air Patrol Corporation, of
which $19,417,000 shall be available for Civil Air Patrol Corporation
operation and maintenance to support readiness activities which includes
$2,000,000 for the Civil Air Patrol counterdrug program: Provided , That
funds identified for ``Civil Air Patrol'' under this section are
intended for and shall be for the exclusive use of the Civil Air Patrol
Corporation and not for the Air Force or any unit thereof.
Sec. 8032. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided , That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2001 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2001, not more than 6,227
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided , That of the specific amount referred to previously in
this subsection, not more than 1,009 staff years may be funded for the
defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2002 budget request, submit a report presenting
the specific amounts of staff years of technical effort to be allocated
for each defense FFRDC during that fiscal year.
Sec. 8033. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided , That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI)
specifications of carbon, alloy or armor steel plate: Provided further ,
That the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further , That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8034. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8035. During the current fiscal year, the Department of Defense
may acquire the modification, depot maintenance and repair of aircraft,
vehicles and vessels as well as the production of components and other
Defense-related articles, through competition between Department of
Defense depot maintenance activities and private firms: Provided , That
the Senior Acquisition Executive of the military department or defense
agency concerned, with power of delegation, shall certify that
successful bids include comparable estimates of all direct and indirect
costs for both public and private bids: Provided further , That Office
of Management and Budget Circular A 76 shall not apply to competitions
conducted under this section.
Sec. 8036. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report on
the amount of Department of Defense purchases from foreign entities in
fiscal year 2001. Such report shall separately indicate the dollar value
of items for which the Buy American Act was waived pursuant to any
agreement described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement to which
the United States is a party.
(c) For purposes of this section, the term ``Buy American Act'' means
title III of the Act entitled ``An Act making appropriations for the
Treasury and Post Office Departments for the fiscal year ending June 30,
1934, and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
Sec. 8037. Appropriations contained in this Act that remain available
at the end of the current fiscal year as a result of energy cost savings
realized by the Department of Defense shall remain available for
obligation for the next fiscal year to the extent, and for the purposes,
provided in section 2865 of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8038. Amounts deposited during the current fiscal year to the
special account established under 40 U.S.C. 485(h)(2) and to the special
account established under 10 U.S.C. 2667(d)(1) are appropriated and
shall be available until transferred by the Secretary of Defense to
current applicable appropriations or funds of the Department of Defense
under the terms and conditions specified by 40 U.S.C. 485(h)(2) (A) and
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available
for the same time period and the same purposes as the appropriation to
which transferred.
Sec. 8039. The President shall include with each budget for a fiscal
year submitted to the Congress under section 1105 of title 31, United
States Code, materials that shall identify clearly and separately the
amounts requested in the budget for appropriation for that fiscal year
for salaries and expenses related to administrative activities of the
Department of Defense, the military departments, and the defense
agencies.
Sec. 8040. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities, Defense''
may be obligated for the Young Marines program.
(including transfer of funds)
Sec. 8041. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101 510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act: Provided , That none of the funds made available
for expenditure under this section may be transferred or obligated until
30 days after the Secretary of Defense submits a report which details
the balance available in the Overseas Military Facility Investment
Recovery Account, all projected income into the account during fiscal
years 2001 and 2002, and the specific expenditures to be made using
funds transferred from this account during fiscal year 2001.
Sec. 8042. Of the funds appropriated or otherwise made available by
this Act, not more than $119,200,000 shall be available for payment of
the operating costs of NATO Headquarters: Provided , That the Secretary
of Defense may waive this section for Department of Defense support
provided to NATO forces in and around the former Yugoslavia.
Sec. 8043. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $100,000.
Sec. 8044. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2002 budget request for the Department of Defense
as well as all justification material and other documentation supporting
the fiscal year 2002 Department of Defense budget shall be prepared and
submitted to the Congress on the basis that any equipment which was
classified as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed fiscal year
2002 procurement appropriation and not in the supply management business
area or any other area or category of the Department of Defense Working
Capital Funds.
Sec. 8045. None of the funds appropriated by this Act for programs of
the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until September
30, 2002: Provided , That funds appropriated, transferred, or otherwise
credited to the Central Intelligence Agency Central Services Working
Capital Fund during this or any prior or subsequent fiscal year shall
remain available until expended.
Sec. 8046. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8047. Of the funds appropriated by the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $10,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8048. Amounts collected for the use of the facilities of the
National Science Center for Communications and Electronics during the
current fiscal year pursuant to section 1459(g) of the Department of
Defense Authorization Act, 1986, and deposited to the special account
established under subsection 1459(g)(2) of that Act are appropriated and
shall be available until expended for the operation and maintenance of
the Center as provided for in subsection 1459(g)(2).
Sec. 8049. None of the funds appropriated in this Act may be used to
fill the commander's position at any military medical facility with a
health care professional unless the prospective candidate can
demonstrate professional administrative skills.
Sec. 8050. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means title III of the
Act entitled ``An Act making appropriations for the Treasury and Post
Office Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
Sec. 8051. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited proposal
unless the head of the activity responsible for the procurement
determines--
(1) as a result of thorough technical evaluation, only one source is
found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological promise,
represents the product of original thinking, and was submitted in
confidence by one source; or
(3) the purpose of the contract is to take advantage of unique and
significant industrial accomplishment by a specific concern, or to
insure that a new product or idea of a specific concern is given
financial support:
Provided , That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to which
a civilian official of the Department of Defense, who has been confirmed
by the Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8052. (a) Except as provided in subsections (b) and (c), none of
the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or civilian
employee of the department who is transferred or reassigned from a
headquarters activity if the member or employee's place of duty remains
at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis, if
the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
Sec. 8053. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2001 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2001.
Sec. 8054. Notwithstanding section 303 of Public Law 96 487 or any
other provision of law, the Secretary of the Navy is authorized to lease
real and personal property at Naval Air Facility, Adak, Alaska, pursuant
to 10 U.S.C. 2667(f), for commercial, industrial or other purposes:
Provided , That notwithstanding any other provision of law, the
Secretary of the Navy may remove hazardous materials from facilities,
buildings, and structures at Adak, Alaska, and may demolish or otherwise
dispose of such facilities, buildings, and structures.
(rescissions)
Sec. 8055. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded as of the
date of enactment of this Act, or October 1, 2000, whichever is later,
from the following accounts in the specified amounts:
``Aircraft Procurement, Army, 2000/2002'', $7,000,000;
``Missile Procurement, Army, 2000/2002'', $6,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2000/2002'', $7,000,000;
``Procurement of Ammunition, Army, 2000/2002'', $5,000,000;
``Other Procurement, Army, 2000/2002'', $16,000,000;
``Aircraft Procurement, Navy, 2000/2002'', $24,125,000;
``Weapons Procurement, Navy, 2000/2002'', $3,853,000;
``Procurement of Ammunition, Navy and Marine Corps, 2000/2002'',
$1,463,000;
``Shipbuilding and Conversion, Navy, 2000/2004'', $19,644,000;
``Other Procurement, Navy, 2000/2002'', $12,032,000;
``Procurement, Marine Corps, 2000/2002'', $3,623,000;
``Aircraft Procurement, Air Force, 2000/2002'', $32,743,000;
``Missile Procurement, Air Force, 2000/2002'', $5,500,000;
``Procurement of Ammunition, Air Force, 2000/2002'', $1,232,000;
``Other Procurement, Air Force, 2000/2002'', $19,902,000;
``Procurement, Defense-Wide, 2000/2002'', $6,683,000;
``Research, Development, Test and Evaluation, Army, 2000/2001'',
$20,592,000;
``Research, Development, Test and Evaluation, Navy, 2000/2001'',
$35,621,000;
``Research, Development, Test and Evaluation, Air Force,
2000/2001'', $53,467,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2000/2001'', $36,297,000;
``Defense Health Program, 2000/2002'', $808,000; and
``Chemical Agents and Munitions Destruction, Army, 2000/2002'',
$1,103,000:
Provided, That these reductions shall be applied proportionally to
each budget activity, activity group and subactivity group and each
program, project and activity within each appropriation account:
Provided further, That such proportionate reduction shall not be applied
to any funds that will not remain available for obligation beyond fiscal
year 2000: Provided further, That the following additional amounts are
hereby rescinded as of the date of enactment of this Act, or October 1,
2000, whichever is later, from the following accounts in the specified
amounts:
``Other Procurement, Army, 1999/2001'', $3,000,000;
``Aircraft Procurement, Air Force, 1999/2001'', $12,300,000;
``Other Procurement, Air Force, 1999/2001'', $8,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2000/2002'', $23,000,000;
``Other Procurement, Army, 2000/2002'', $29,300,000;
``Aircraft Procurement, Navy, 2000/2002'', $6,500,000;
``Aircraft Procurement, Air Force, 2000/2002'', $24,000,000;
``Missile Procurement, Air Force, 2000/2002'', $36,192,000;
``Other Procurement, Air Force, 2000/2002'', $20,000,000;
``Research, Development, Test and Evaluation, Army, 2000/2001'',
$22,000,000;
``Research, Development, Test and Evaluation, Air Force,
2000/2001'', $30,000,000; and
``Reserve Mobilization Income Insurance Fund'', $13,000,000.
Sec. 8056. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8057. None of the funds appropriated or otherwise made available
in this Act may be obligated or expended for assistance to the
Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8058. During the current fiscal year, funds appropriated in this
Act are available to compensate members of the National Guard for duty
performed pursuant to a plan submitted by a Governor of a State and
approved by the Secretary of Defense under section 112 of title 32,
United States Code: Provided , That during the performance of such duty,
the members of the National Guard shall be under State command and
control: Provided further , That such duty shall be treated as full-time
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of
title 10, United States Code.
Sec. 8059. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Foreign Intelligence Program (NFIP), the Joint Military Intelligence
Program (JMIP), and the Tactical Intelligence and Related Activities
(TIARA) aggregate: Provided , That nothing in this section authorizes
deviation from established Reserve and National Guard personnel and
training procedures.
Sec. 8060. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2000 level: Provided , That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8061. None of the funds appropriated in this Act may be
transferred to or obligated from the Pentagon Reservation Maintenance
Revolving Fund, unless the Secretary of Defense certifies that the total
cost for the planning, design, construction and installation of
equipment for the renovation of the Pentagon Reservation will not exceed
$1,222,000,000.
Sec. 8062. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
(TRANSFER OF FUNDS)
Sec. 8063. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be transferred to other appropriations or funds of the
Department of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the appropriation or
fund to which transferred.
Sec. 8064. None of the funds appropriated in fiscal year 2000 and by
this Act may be used for the procurement of vessel propellers and ball
and roller bearings other than those produced by a domestic source and
of domestic origin: Provided , That the Secretary of the military
department responsible for such procurement may waive this restriction
on a case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate, that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes:
Provided further, That this restriction shall not apply to the purchase
of ``commercial items'', as defined by section 4(12) of the Office of
Federal Procurement Policy Act, except that the restriction shall apply
to ball or roller bearings purchased as end items.
Sec. 8065. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8066. None of the funds in this Act may be used to purchase any
supercomputer which is not manufactured in the United States, unless the
Secretary of Defense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire capability for
national security purposes that is not available from United States
manufacturers.
Sec. 8067. Notwithstanding any other provision of law, the Naval
shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this
or any other Act.
Sec. 8068. Notwithstanding any other provision of law, each contract
awarded by the Department of Defense during the current fiscal year for
construction or service performed in whole or in part in a State (as
defined in section 381(d) of title 10, United States Code) which is not
contiguous with another State and has an unemployment rate in excess of
the national average rate of unemployment as determined by the Secretary
of Labor, shall include a provision requiring the contractor to employ,
for the purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who are residents
of such State and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills: Provided , That
the Secretary of Defense may waive the requirements of this section, on
a case-by-case basis, in the interest of national security.
Sec. 8069. During the current fiscal year, the Army shall use the
former George Air Force Base as the airhead for the National Training
Center at Fort Irwin: Provided , That none of the funds in this Act
shall be obligated or expended to transport Army personnel into Edwards
Air Force Base for training rotations at the National Training Center.
Sec. 8070. (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding any other provision of law, none of the funds
available to the Department of Defense for the current fiscal year may
be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in subsection
(b) unless the congressional defense committees, the Committee on
International Relations of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement operation
under the authority of chapter VI or chapter VII of the United Nations
Charter under the authority of a United Nations Security Council
resolution; and
(2) any other international peacekeeping, peace-enforcement, or
humanitarian assistance operation.