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mittee for the Purchase from the Blind and Other Severely Handicapped under the JavitsWagner-O'Day Act (41 U.S.C. 46-48).

SEC. 8031. During the current fiscal year, net receipts pursuant to collections from third party payers pursuant to section 1095 of title 10, United States Code, shall be made available to the local facility of the uniformed services responsible for the collections and shall be over and above the facility's direct budget amount.

SEC. 8032. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided, That upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations.

SEC. 8033. Of the funds made available in this Act, not less than $26,588,000 shall be available for the Civil Air Patrol Corporation, of which $22,888,000 shall be available for Civil Air Patrol Corporation operation and maintenance to support readiness activities which includes $1,418,000 for the Civil Air Patrol counterdrug program: Provided, That funds identified for Civil Air Patrolunder this section are intended for and shall be for the exclusive use of the Civil Air Patrol Corporation and not for the Air Force or any unit thereof.

SEC. 8034. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other non-profit entities.

(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties.

(c) Notwithstanding any other provision of law, none of the funds available to the department from any source during fiscal year 2000 may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings, for payment of cost sharing for projects funded by government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/ or development.

(d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2000, not more than 6,206 staff years of technical effort (staff years) may be funded for defense FFRDCs: Provided, That of the specific amount referred to previously in this subsection, not more than 1,105 staff years may be funded for the defense studies and analysis FFRDCs.

(e) The Secretary of Defense shall, with the submission of the department's fiscal year 2001 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC during that fiscal year.

SEC. 8035. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United

States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further, That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act.

SEC. 8036. For the purposes of this Act, the term congressional defense committeesmeans the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

SEC. 8037. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided, That the Senior ACquisition Executive of the military department or defense agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further, That Office of Management and Budget Circular A-76 shall not apply to competitions conducted under this section.

SEC. 8038. (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 Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2000. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which the United States is a party.

(c) For purposes of this section, the term Buy American Actmeans title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes", approved March 3, 1933 (41 U.S.C. 10a et seq.).

SEC. 8039. Appropriations contained in this Act that remain available at the end of the current fiscal year as a result of energy cost savings realized by the Department of Defense shall remain available for obligation for the next fiscal year to the extent, and for the purposes, provided in section 2865 of title 10, United States Code.

(INCLUDING TRANSFER OF FUNDS) SEC. 8040. Amounts deposited during the current fiscal year to the special account established under 40 U.S.C. 485(h)(2) and to the special account established under 10 U.S.C. 2667(d)(1) are 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),

be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred.

SEC. 8041. During the current fiscal year, appropriations available to the Department of Defense may be used to reimburse a member of a reserve component of the Armed Forces who is not otherwise entitled to travel and transportation allowances and who occupies transient government housing while performing active duty for training or inactive duty training: Provided, That such members may be provided lodging in kind if transient government quarters are unavailable as if the member was entitled to such allowances under subsection (a) of section 404 of title 37, United States Code: Provided further, That if lodging in kind is provided, any authorized service charge or cost of such lodging may be paid directly from funds appropriated for operation and maintenance of the reserve component of the member concerned.

SEC. 8042. The President shall include with each budget for a fiscal year submitted to the Congress under section 1105 of title 31, United States Code, materials that shall identify clearly and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to administrative activities of the Department of Defense, the military departments, and the Defense agencies.

SEC. 8043. Notwithstanding any other provision of law, funds available for "Drug Interdiction and Counter-Drug Activities, Defensemay be obligated for the Young Marines program.

SEC. 8044. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account established by section 2921(c)(1) of the National Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act: Provided, That none of the funds made available for expenditure under this section may be transferred or obligated until thirty days after the Secretary of Defense submits a report which details the balance available in the Overseas Military Facility Investment Recovery Account, all projected income into the account during fiscal years 2000 and 2001, and the specific expenditures to be made using funds transferred from this account during fiscal year 2000.

SEC. 8045. Of the funds appropriated or otherwise made available by this Act, not more than $119,200,000 shall be available for payment of the operating costs of NATO Headquarters: Provided, That the Secretary of Defense may waive this section for Department of Defense support provided to NATO forces in and around the former Yugoslavia.

SEC. 8046. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $100,000.

SEC. 8047. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for 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 2001 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2001 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2001 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds.

SEC. 8048. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2001: Provided, That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended.

SEC. 8049. Notwithstanding any other provision of law, funds made available in this Act for the Defense Intelligence Agency may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands.

SEC. 8050. Of the funds appropriated by the Department of Defense under the heading "Operation and Maintenance, Defense-Wide”, not less than $8,000,000 shall be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities.

SEC. 8051. Amounts collected for the use of the facilities of the National Science Center for Communications and Electronics during the current fiscal year pursuant to section 1459(g) of the Department of Defense Authorization Act, 1986, and deposited to the special account established under subsection 1459(g)(2) of that Act are appropriated and shall be available until erpended for the operation and maintenance of the Center as provided for in subsection 1459(g)(2).

SEC. 8052. None of the funds appropriated in this Act may be used to fill the commander's position at any military medical facility with a health care professional unless the prospective candidate can demonstrate professional administrative skills.

SEC. 8053. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in erpending the funds, complies with the Buy American Act. For purposes of this subsection, the term Buy American Actmeans 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 Americanmade equipment and products, provided that American-made equipment and products are cost-competitive, quality-competitive, and available in a timely fashion.

SEC. 8054. None of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement determines

(1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work;

(2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source; or

(3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense.

SEC. 8055. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used

(1) to establish a field operating agency; or

(2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee's place of duty remains at the location of that headquarters.

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department.

(c) This section does not apply to field operating agencies funded within the National Foreign Intelligence Program.

SEC. 8056. Funds appropriated by this Act and in Public Law 105–277, or made available by the transfer of funds in this Act and in Public Law 105–277 for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2000 until the enactment of the Intelligence Authorization Act for Fiscal Year 2000.

SEC. 8057. Notwithstanding section 303 of Public Law 96-487 or any other provision of law, the Secretary of the Navy is authorized to lease real and personal property at Naval Air Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other purposes: Provided, That notwithstanding any other provision of law, the Secretary of the Navy may remove hazardous materials from facilities, buildings, and structures at Adak, Alaska, and may demolish or otherwise dispose of such facilities, buildings, and structures: Provided further, That notwithstanding any other provision of law, not more than $4,650,000 of the funds provided under the heading Operation and Maintenance, Armyin title II of this Act shall be available to the Secretary of the Army, acting through the Chief of Engineers, only for demolition and removal of facilities, buildings, and structures formerly used as a District Headquarters Office by the Corps of Engineers (Northwest Division, CENWW, Washington State), as described in the study conducted regarding the headquarters pursuant to the Energy and Water Development Appropriations Act, 1992 (Public Law 102-104, 105 Stat. 511).

(RESCISSIONS) SEC. 8058. Of the funds provided in Department of Defense Appropriations Acts, the following funds are hereby rescinded as of the date of the enactment of this Act, from the following accounts and programs in the specified amounts:

"Other Procurement, Navy, 1998/2000, $2,167,000,

"Aircraft Procurement, Air Force, 1998/2000", $15,800,000;

"Other Procurement, Army, 1999/2001, $13,700,000;

Aircraft Procurement, Navy, 1999/2001, $41,500,000;

Under the heading, "Shipbuilding and Conversion, Navy, 1999/2003":

New Attack Submarine, $32,400,000;
CVN-69, $11,400,000;

"Other Procurement, Navy, 1999/2001, $13,784,000;

"Aircraft Procurement, Air Force, 1999/2001, $29,729,000;

"Missile Procurement, Air Force, 1999/2001, $130,000,000;

Research, Development, Test and Evaluation, Army, 1999/2000", $5,400,000;

Research, Development, Test and Evaluation, Navy, 1999/2000, $14,900,000;

Research, Development, Test and Evaluation, Air Force, 1999/2000", $15,900,000; and

"Research, Development, Test and Evaluation, Defense-Wide, 1999/2000", $23,500,000.

SEC. 8059. None of the funds available in this Act may be used to reduce the authorized positions for military (civilian) technicians of the Army National Guard, the Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are a direct result of a reduction in military force structure.

SEC. 8060. None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People's Republic of North Korea unless specifically appropriated for that purpose.

SEC. 8061. During the current fiscal year, funds appropriated in this Act are available to compensate members of the National Guard for duty performed pursuant to a plan submitted by a Governor of a State and approved by the Secretary of Defense under section 112 of title 32, United States Code: Provided, That during the performance of such duty, the members of the National Guard shall be under State command and control: Provided further, That such duty shall be treated as full-time National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of title 10, United States Code.

SEC. 8062. Funds appropriated in this Act for operation and maintenance of the Military Departments, Unified and Specified Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other erpenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Unified Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Foreign Intelligence Program (NFIP), the Joint Military Intelligence Program (MIP), and the Tactical Intelligence and Related Activities (TIARA) aggregate: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.

SEC. 8063. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 1999 level: Provided, That the Service Surgeons General may waive this section by certifying to the congressional defense committees that the beneficiary

population is declining in some catchment areas erage rate of unemployment as determined by fense exports not otherwise provided for: Proand civilian strength reductions may be con the Secretary of Labor, shall include a provision vided, That the total contingent liability of the sistent with responsible resource stewardship requiring the contractor to employ, for the pur United States for guarantees issued under the and capitation-based budgeting.

pose of performing that portion of the contract authority of this section may not exceed (INCLUDING TRANSFER OF FUNDS)

in such State that is not contiguous with an $15,000,000,000: Provided further, That the expoSEC. 8064. (a) None of the funds appropriated other State, individuals who are residents of sure fees charged and collected by the Secretary in this Act may be transferred to or obligated

such State and who, in the case of any craft or for each guarantee, shall be paid by the country from the Pentagon Reservation Maintenance trade, possess or would be able to acquire involved and shall not be financed as part of a Revolving Fund, unless the Secretary of Defense

promptly the necessary skills: Provided, That loan guaranteed by the United States: Provided certifies that the total cost for the planning, de

the Secretary of Defense may waive the require further, that the Secretary shall provide quarsign, construction and installation of equipment ments of this section, on a case-by-case basis, in terly reports to the Committees on Appropriafor the renovation of the Pentagon Reservation the interest of national security.

tions, Armed Services and Foreign Relations of will not exceed $1,222,000,000.

SEC. 8072. During the current fiscal year, the the Senate and the Committees on Appropria(b) The Secretary shall, in conjunction with Army shall use the former George Air Force tions, Armed Services and International Relathe Pentagon Renovation, design and construct Base as the airhead for the National Training tions in the House of Representatives on the imsecure secretarial offices and support facilities

Center at Fort Irwin: Provided, That none of plementation of this program: Provided further, and security-related changes to the subway en the funds in this Act shall be obligated or ex That amounts charged for administrative fees trance at the Pentagon Reservation.

pended to transport Army personnel into Ed and deposited to the special account provided SEC. 8065. (a) None of the funds available to wards Air Force Base for training rotations at for under section 2540c(d) of title 10, shall be the Department of Defense for any fiscal year the National Training Center.

available for paying the costs of administrative for drug interdiction or counter-drug activities

SEC. 8073. (a) The Secretary of Defense shall expenses of the Department of Defense that are may be transferred to any other department or submit, on a quarterly basis, a report to the con attributable to the loan guarantee program agency of the United States except as specifigressional defense committees, the Committee on

under subchapter VI of chapter 148 of title 10, cally provided in an appropriations law.

International Relations of the House of Rep United States Code. (b) None of the funds available to the Central

resentatives and the Committee on Foreign Rela SEC. 8076. None of the funds available to the Intelligence Agency for any fiscal year for drug tions of the Senate setting forth all costs (in Department of Defense under this Act shall be interdiction and counter-drug activities may be

cluding incremental costs) incurred by the De obligated or expended to pay a contractor under transferred to any other department or agency partment of Defense during the preceding quar a contract with the Department of Defense for of the United States except as specifically pro

ter in implementing or supporting resolutions of costs of any amount paid by the contractor to vided in an appropriations law. the United Nations Security Council, including

an employee when (TRANSFER OF FUNDS)

any such resolution calling for international (1) such costs are for a bonus or otherwise in SEC. 8066. Appropriations available in this Act

sanctions, international peacekeeping oper excess of the normal salary paid by the con

ations, and humanitarian missions undertaken under the heading Operation and Mainte

tractor to the employee; and nance, Defense-Widefor increasing energy and

by the Department of Defense. The quarterly re (2) such bonus is part of restructuring costs water efficiency in Federal buildings may, dur

port shall include an aggregate of all such De associated with a business combination. ing their period of availability, be transferred to

partment of Defense costs by operation or mis SEC. 8077. (a) None of the funds appropriated

sion. other appropriations or funds of the Department

or otherwise made available in this Act may be of Defense for projects related to increasing en

(6) The Secretary of Defense shall detail in used to transport or provide for the transpor

the quarterly reports all efforts made to seek ergy and water efficiency, to be merged with

tation of chemical munitions or agents to the and to be available for the same general pur

credit against past United Nations expenditures Johnston Atoll for the purpose of storing or de

and all efforts made to seek compensation from poses, and for the same time period, as the ap

militarizing such munitions or agents. the United Nations for costs incurred by the Depropriation or fund to which transferred.

(b) The prohibition in subsection (a) shall not SEC. 8067. None of the funds appropriated by

partment of Defense in implementing and sup apply to any obsolete World War II chemical

porting United Nations activities. this Act may be used for the procurement of ball

munition or agent of the United States found in

SEC. 8074. (a) LIMITATION ON TRANSFER OF and roller bearings other than those produced

the World War II Pacific Theater of Operations. DEFENSE ARTICLES AND SERVICES.-Notwithby a domestic source and of domestic origin:

(c) The President may suspend the application standing any other provision of law, none of the Provided, That the Secretary of the military de

of subsection (a) during a period of war in funds available to the Department of Defense partment responsible for such procurement may

which the United States is a party. for the current fiscal year may be obligated or waive this restriction on a case-by-case basis by

SEC. 8078. None of the funds provided in title expended to transfer to another nation or an certifying in writing to the Committees on Ap

II of this Act for Former Soviet Union Threat propriations of the House of Representatives

international organization any defense articles Reduction" may be obligated or expended to fi

or services (other than intelligence services) for and the Senate, that adequate domestic supplies

nance housing for any individual who was a use in the activities described in subsection (b) are not available to meet Department of Defense

member of the military forces of the Soviet requirements on a timely basis and that such an

unless the congressional defense committees, the Union or for any individual who is or was a

Committee on International Relations of the acquisition must be made in order to acquire ca

member of the military forces of the Russian House of Representatives, and the Committee on Federation. pability for national security purposes. SEC. 8068. Notwithstanding any other proviForeign Relations of the Senate are notified 15

(INCLUDING TRANSFER OF FUNDS) sion of law, funds available to the Department days in advance of such transfer.

SEC. 8079. During the current fiscal year, no

(b) COVERED ACTIVITIES.This section applies of Defense shall be made available to provide

more than $10,000,000 of appropriations made in totransportation of medical supplies and equip

(1) any international peacekeeping or peace

this Act under the heading "Operation and ment, on a nonreimbursable basis, to American

Maintenance, Defense-Widemay be transenforcement operation under the authority of Samoa, and funds available to the Department

ferred to appropriations available for the pay of chapter VI or chapter VII of the United Nations of Defense shall be made available to provide

military personnel, to be merged with, and to be Charter under the authority of a United Nations transportation of medical supplies and equipSecurity Council resolution; and

available for the same time period as the approment, on a nonreimbursable basis, to the Indian

(2) any other international peacekeeping,

priations to which transferred, to be used in Health Service when it is in conjunction with a

support of such personnel in connection with peace-enforcement, or humanitarian assistance civil-military project. operation.

support and services for eligible organizations SEC. 8069. None of the funds in this Act may

(c) REQUIRED NOTICE.-A notice under sub

and activities outside the Department of Defense be used to purchase any supercomputer which is section (a) shall include the following:

pursuant to section 2012 of title 10, United not manufactured in the United States, unless

(1) A description of the equipment, supplies,

States Code. the Secretary of Defense certifies to the congresor services to be transferred.

SEC. 8080. For purposes of section 1553(b) of sional defense committees that such an acquisi (2) A statement of the value of the equipment, title 31, United States Code, any subdivision of tion must be made in order to acquire capability supplies, or services to be transferred.

appropriations made in this Act under the headfor national security purposes that is not avail

(3) In the case of a proposed transfer of equip ing Shipbuilding and Conversion, Navyshall able from United States manufacturers. ment or supplies

be considered to be for the same purpose as any SEC. 8070. Notwithstanding any other provi (A) a statement of whether the inventory re

subdivision under the heading "Shipbuilding sion of law, the Naval shipyards of the United quirements of all elements of the Armed Forces

and Conversion, Navy" appropriations in any States shall be eligible to participate in any (including the reserve components) for the type prior year, and the 1 percent limitation shall manufacturing extension program financed by of equipment or supplies to be transferred have apply to the total amount of the appropriation. funds appropriated in this or any other Act. been met; and

SEC. 8081. During the current fiscal year, in SEC. 8071. Notwithstanding any other provi (B) a statement of whether the items proposed the case of an appropriation account of the Desion of law, each contract awarded by the De to be transferred will have to be replaced and, partment of Defense for which the period of partment of Defense during the current fiscal if so, how the President proposes to provide availability for obligation has expired or which year for construction or service performed in funds for such replacement.

has closed under the provisions of section 1552 whole or in part in a State (as defined in section SEC. 8075. To the extent authorized by sub of title 31, United States Code, and which has a 381(d) of title 10, United States Code) which chapter VI of chapter 148 of title 10, United negative unliquidated or unexpended balance, not contiguous with another State and has an States Code, the Secretary of Defense may issue an obligation or an adjustment of an obligation unemployment rate in excess of the national av loan guarantees in support of United States de may be charged to any current appropriation

account for the same purpose as the expired or closed account if

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account;

(2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and

(3) in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the erpired account: Provided further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account.

(TRANSFER OF FUNDS) SEC. 8082. Upon enactment of this Act, the Secretary of Defense shall make the following transfers of funds: Provided, that the amounts transferred shall be available for the same purposes as the appropriations to which transferred, and for the same time period as the appropriation from which transferred: Provided further, that the amounts shall be transferred between the following appropriations in the amount specified:

From:

Under the heading, Shipbuilding and Conversion, Navy, 1988/2001:

SSN-688 attack submarine program, $6,585,000; CG-47 cruiser program, $12,100,000;

Aircraft carrier service life extension program, $202,000;

LHD-1 amphibious assault ship program, $2,311,000;

LSD-41 cargo variant ship program, $566,000;
T-AO fleet oiler program, $3,494,000;
AO conversion program, $133,000;
Craft, outfitting, and post delivery, $1,688,000;
To:

Under the heading, Shipbuilding and Conversion, Navy, 1995/2001:

DDG-51 destroyer program, $27,079,000;
From:

Under the heading, Shipbuilding and Conversion, Navy, 1989/2000:

DDG-51 destroyer program, $13,200,000;

Aircraft carrier service life extension program, $186,000;

LHD-1 amphibious assault ship program, $3,621,000;

LCAC landing craft, air cushioned program, $1,313,000;

T-AO fleet oiler program, $258,000;
AOE combat support ship program, $1,078,000;
AO conversion program, $881,000;

T-AGOS drug interdiction conversion, $407,000;

Outfitting and post delivery, $219,000;
To:

Under the heading, "Shipbuilding and Conversion, Navy, 1996/2000:

LPD-17 amphibious transport dock ship, $21,163,000;

From:

Under the heading, Shipbuilding and Conversion, Navy, 1990/2002'':

SSN-688 attack submarine program, $5,606,000; DDG-51 destroyer program, $6,000,000; ENTERPRISE refueling/

modernization program, $2,306,000;

LHD-1 amphibious assault ship program, $183,000;

LSD-41 dock landing ship cargo variant program, $501,000;

LCAC landing craft, air cushioned program, $345,000;

MCM mine countermeasures program, $1,369,000;

Moored training ship demonstration program, $1,906,000;

Oceanographic ship program, $1,296,000;
AOE combat support ship program, $4,086,000;
AO conversion program, $143,000;

Craft, outfitting, post delivery, and ship special support equipment, $1,209,000;

To:

Under the heading, Shipbuilding and Conversion, Navy, 1990/2002":

T-AGOS surveillance ship program, $5,000,000; Coast Guard icebreaker program, $8,153,000;

Under the heading, Shipbuilding and Conversion, Navy, 1996/2002:

LPD-17 amphibious transport dock ship, $7,192,000;

Under the heading, Shipbuilding and Conversion, Navy, 1998/2002:

CVN refuelings, $4,605,000;
From:

Under the heading, Shipbuilding and Conversion, Navy, 1991/2001:

SSN-21(AP) attack submarine program, $1,614,000;

LHD-1 amphibious assault ship program, $5,647,000;

LSD-41 dock landing ship cargo variant program, $1,389,000;

LCAC landing craft, air cushioned program, $330,000;

AOE combat support ship program, $1,435,000; To:

Under the heading, Shipbuilding and Conversion, Navy, 1998/2001:

CVN refuelings, $10,415,000;
From:

Under the heading, Shipbuilding and Conversion, Navy, 1992/2001:

SSN-21 attack submarine program, $11,983,000;

Craft, outfitting, post delivery, and DBOF transfer, $836,000;

Escalation, $5,378,000;
To:

Under the heading, Shipbuilding and Conversion, Navy, 1998/2001:

CVN refuelings, $18,197,000;
From:

Under the heading, Shipbuilding and Conversion, Navy, 1993/2002":

Carrier replacement program (AP), $30,332,000; LSD-41 cargo variant ship program, $676,000; AOE combat support ship program, $2,066,000;

Craft, outfitting, post delivery, and first destination transportation, and inflation adjustments, $2,127,000;

To:

Under the heading, "Shipbuilding and Conversion, Navy, 1998/2002:

CVN refuelings, $29,844,000;

Under the heading, Shipbuilding and Conversion, Navy, 1999/2002:

Craft, outfitting, post delivery, conversions, and first destination transportation, $5,357,000;

From:

Under the heading, Shipbuilding and Conversion, Navy, 1994/2003":

LHD-1 amphibious assault ship program, $23,900,000;

Oceanographic ship program, $9,000;
To:

Under the heading, Shipbuilding and Conversion, Navy, 1994/2003":

DDG-51 destroyer program, $18,349,000;

Under the heading, Shipbuilding and Conversion, Navy, 1995/1999'':

DDG-51 destroyer program, $5,383,000;

Under the heading, Shipbuilding and Conversion, Navy, 1996/2000":

LPD-17 amphibious transport dock ship, $168,000;

Under the heading, Shipbuilding and Conversion, Navy, 1999/2003":

Craft, outfitting, post delivery, conversions, and first destination transportation, $9,000;

From:

Under the heading, Shipbuilding and Conversion, Navy, 1996/2000:

SSN-21 attack submarine program, $10,100,000;

LHD-1 amphibious assault ship program, $7,100,000;

To:

Under the heading, Shipbuilding and Conversion, Navy, 1996/2000:

DDG-51 destroyer program, $3,723,000;

LPD-17 amphibious transport dock ship, $13,477,000.

SEC. 8083. The Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees by February 1, 2000, a detailed report identifying, by amount and by separate budget activity, activity group, subactivity group, line item, program element, program, project, subproject, and activity, any activity for which the fiscal year 2001 budget request was reduced because Congress appropriated funds above the President's budget request for that specific activity for fiscal year 2000.

SEC. 8084. Funds appropriated in title II of this Act and for the Defense Health Program in title VI of this Act for supervision and administration costs for facilities maintenance and repair, minor construction, or design projects may be obligated at the time the reimbursable order is accepted by the performing activity: Provided, That for the purpose of this section, supervision and administration costs includes all in-house Government cost.

SEC. 8085. During the current fiscal year, the Secretary of Defense may waive reimbursement of the cost of conferences, seminars, courses of instruction, or similar educational activities of the Asia-Pacific Center for Security Studies for military officers and civilian officials of foreign nations if the Secretary determines that attendance by such personnel, without reimbursement, is in the national security interest of the United States: Provided, That costs for which reimbursement is waived pursuant to this subsection shall be paid from appropriations available for the Asia-Pacific Center.

SEC. 8086. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis.

(6) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation.

SEC. 8087. Using funds available by this Act or any other Act, the Secretary of the Air Force, pursuant to a determination under section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany: Provided. That in the City of Kaiserslautern such agreements will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy source.

SEC. 8088. Notwithstanding 31 U.S.C. 3902, during the current fiscal year, interest penalties may be paid by the Department of Defense from funds financing the operation of the military department or defense agency with which the invoice or contract payment is associated.

SEC. 8089. None of the funds appropriated in title IV of this Act may be used to procure enditems for delivery to military forces for operational training, operational use or inventory requirements: Provided that this restriction does not apply to end-items used in development, prototyping, and test activities preceding

6

and leading to acceptance for operational use: lar defense items produced in the United States available by this Act may be used to support Provided further, That this restriction does not for that country.

any training program involving a unit of the seapply to programs funded within the National (b) Subsection (a) applies with respect to

curity forces of a foreign country if the SecForeign Intelligence Program: Provided further,

(1) contracts and subcontracts entered into on

retary of Defense has received credible informaThat the Secretary of Defense may waive this or after the date of the enactment of this Act;

tion from the Department of State that the unit restriction on a case-by-case basis by certifying and

has committed a gross violation of human in writing to the Committees on Appropriations

(2) options for the procurement of items that

rights, unless all necessary corrective steps have of the House of Representatives and the Senate are exercised after such date under contracts

been taken. that it is in the national security interest to do that are entered into before such date if the op

(6) MONITORING.The Secretary of Defense, tion prices are adjusted for any reason other So.

in consultation with the Secretary of State, than the application of a waiver granted under (RESCISSIONS)

shall ensure that prior to a decision to conduct subsection (a). SEC. 8090. Of the funds provided in the De

any training program referred to in subsection

(c) Subsection (a) does not apply to a limitapartment of Defense Appropriations Act, 1999

(a), full consideration is given to all credible intion regarding construction of public vessels, (Public Law 105–262), $452,100,000, to reflect sav

formation available to the Department of State ball and roller bearings, food, and clothing or ings from revised economic assumptions, is here

relating to human rights violations by foreign textile materials as defined by section 11 (chapby rescinded as of the date of enactment of this

security forces. ters 50-65) of the Harmonized Tariff Schedule Act, or October 1, 1999, whichever is later, from

(c) WAIVER.-The Secretary of Defense, after and products classified under headings 4010,

consultation with the Secretary of State, may the following accounts in the specified amounts: 4202, 4203, 6401 through 6406, 6505, 7019, 7218 "Aircraft Procurement, Army", $8,000,000;

waive the prohibition in subsection (a) if he dethrough 7229, 7304.41 through 7304.49, 7306.40, "Missile Procurement, Army", $7,000,000;

termines that such waiver is required by ex7502 through 7508, 8105, 8108, 8109, 8211, 8215, Procurement of Weapons and Tracked Com

traordinary circumstances. and 9404. bat Vehicles, Army, $9,000,000;

(d) REPORT.-Not more than 15 days after the (d) None of the funds appropriated or otherProcurement of Ammunition, Army", wise provided for the Department of Defense in

exercise of any waiver under subsection (c), the $6,000,000;

Secretary of Defense shall submit a report to the this or any other Act for any fiscal year may be Other Procurement, Army, $19,000,000; obligated or expended for procurement of a nu

congressional defense committees describing the Aircraft Procurement, Navy, $44,000,000; clear-capable shipyard crane from a foreign

extraordinary circumstances, the purpose and "Weapons Procurement, Navy", $8,000,000; source. Subsection (a) does not apply to the lim

duration of the training program, the United Procurement of Ammunition, Navy and Ma itation in the preceding sentence.

States forces and the foreign security forces inrine Corps, $3,000,000;

SEC. 8094. Funds made available to the Civil

volved in the training program, and the inforShipbuilding and Conversion, Navy, Air Patrol in this Act under the heading "Drug

mation relating to human rights violations that $37,000,000; Interdiction and Counter-Drug Activities, De

necessitates the waiver. "Other Procurement, Navy", $23,000,000; fensemay be used for the Civil Air Patrol Cor

SEC. 8099. The Secretary of Defense, in coordiProcurement, Marine Corps, $5,000,000; poration's counterdrug program, including its

nation with the Secretary of Health and Human "Aircraft Procurement,

Air
Force, demand reduction program involving youth pro-

Services, may carry out a program to distribute $46,000,000;

grams, as well as operational and training drug surplus dental equipment of the Department of "Missile Procurement, Air Force", $14,000,000; reconnaissance missions for Federal, State and

Defense, at no cost to the Department of DeProcurement of Ammunition, Air Force, local government agencies; for administrative fense, to Indian health service facilities and to $2,000,000;

costs, including the hiring of Civil Air Patrol federally-qualified health centers (within the "Other Procurement, Air Force", $44,400,000; Corporation employees; for travel and per diem meaning of section 1905(1)(2)(B) of the Social Se"Procurement, Defense-Wide", $5,200,000; expenses of Civil Air Patrol Corporation per curity Act (42 U.S.C. 13960(1)(2)(B))). "Chemical Agents and Munitions Destruction, sonnel in support of those missions, and for

SEC. 8100. Notwithstanding any other proviArmy", $5,000,000;

equipment needed for mission support or per sion in this Act, the total amount appropriated Research, Development, Test and Evalua

formance: Provided, That of these funds, in this Act is hereby reduced by $123,200,000 to tion, Army", $20,000,000;

$300,000 shall be made available to establish and reflect savings from the pay of civilian perResearch, Development, Test and Evalua operate a distance learning program: Provided

sonnel, to be distributed as follows: further, That the Department of the Air Force Operation and tion, Navy", $40,900,000;

Maintenance, Army, Research, Development, Test and Evalua

$30,900,000; should waive reimbursement from the Federal,

Operation State and local government agencies for the use

and Maintenance, Navy, tion, Air Force, $76,900,000; and of these funds.

$66,600,000; Research, Development, Test and Evaluation, Defense-Wide", $28,700,000:

SEC. 8095. Notwithstanding any other provi

Operation and Maintenance, Air Force, sion of law, the TRICARE managed care sup

$9,200,000; and Provided, That these reductions shall be applied

"Operation port contracts in effect, or in final stages of ac

and Maintenance, proportionally to each budget activity, activity

Defensequisition as of September 30, 1999, may be exgroup and subactivity group and each program,

Wide", $16,500,000. project, and activity within each appropriation tended for two years: Provided, That any such

SEC. 8101. Notwithstanding any other proviextension may only take place if the Secretary sion in this Act, the total amount appropriated account. SEC. 8091. The budget of the President for fis

of Defense determines that it is in the best inter in this Act is hereby reduced by $171,000,000 to

est of the Government: Provided further, That reflect savings from favorable foreign currency cal year 2001 submitted to Congress pursuant to

any contract extension shall be based on the fluctuations, to be distributed as follows: section 1105 of title 31, United States Code, and

price in the final best and final offer for the last each annual budget request thereafter, shall in

Military Personnel, Army, $19,100,000; year of the existing contract as adjusted for in Military Personnel, Navy, $2,200,000; clude budget activity groups (known as subflation and other factors mutually agreed to by

Military Personnel, Air Force, $9,900,000; activities'') in all appropriations accounts prothe contractor and the Government: Provided

"Operation and Maintenance, Army, vided in this Act, as may be necessary, to sepafurther, That notwithstanding any other provi

$80,700,000; rately identify all costs incurred by the Departsion of law, all future TRICARE managed care

Operation and Maintenance, Navy, ment of Defense to support the North Atlantic support contracts replacing contracts in effect,

$13,700,000; Treaty Organization and all Partnership For or in the final stages of acquisition as of Sep

Operation and Maintenance, Air Force," Peace programs and initiatives. The budget justember 30, 1999, may include a base contract pe

$26,900,000; tification materials submitted to Congress in riod for transition and up to seven one-year op

"Operation and Maintenance, Defensesupport of the budget of the Department of Detion periods.

Wide, $8,700,000; and fense for fiscal year 2001, and subsequent fiscal

SEC. 8096. None of the funds in this Act may

Defense Health Program, $9,800,000. years, shall provide complete, detailed estimates be used to compensate an employee of the De

SEC. 8102. Notwithstanding any other provifor all such costs. partment of Defense who initiates a new start

sion of law, the Secretary of Defense may retain SEC. 8092. None of the funds made available in program without notification to the Office of the

all or a portion of the family housing at Fort this Act may be used to approve or license the Secretary of Defense, the Office of Management

Buchanan, Puerto Rico, as the Secretary deems sale of the F-22 advanced tactical fighter to any and Budget, and the congressional defense com necessary to meet military family housing needs foreign government. mittees, as required by Department of Defense

arising out of the relocation of elements of the SEC. 8093. (a) The Secretary of Defense may, financial management regulations.

United States Army South to Fort Buchanan. on a case-by-case basis, waive with respect to a SEC. 8097. In addition to the amounts provided SEC. 8103. From within amounts made availforeign country each limitation on the procure elsewhere in this Act, notwithstanding any able in title II of this Act, under the heading ment of defense items from foreign sources pro other provision of law, $5,000,000 is hereby ap "Operation and Maintenance, Army", and notvided in law if the Secretary determines that the propriated to the Office of the Secretary of De withstanding any other provision of law, application of the limitation with respect to that fense, and is available only for a grant to the

$12,500,000 shall be available only for repairs country would invalidate cooperative programs Women in Military Service for America Memo and safety improvements to the segment of Fort entered into between the Department of Defense rial Foundation, Inc., only for costs associated Irwin Road which extends from Interstate 15 and the foreign country, or would invalidate re with completion of the Women in Military northeast toward the boundary of Fort Irwin, ciprocal trade agreements for the procurement of Service For Americamemorial at Arlington Na California and the originating intersection of defense items entered into under section 2531 of tional Cemetery.

Irwin Road: Provided, That these funds shall title 10, United States Code, and the country SEC. 8098. TRAINING AND OTHER PROGRAMS. remain available until expended: Provided furdoes not discriminate against the same or simi (a) PROHIBITION.-None of the funds made ther, That the authorized scope of work in

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