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cludes, but is not limited to, environmental documentation and mitigation, engineering and design, improving safety, resurfacing, widening lanes, enhancing shoulders, and replacing signs and pavement markings: Provided further, That these funds may be used for advances to the Federal Highway Administration, Department of Transportation, for the authorized scope of work.
SEC. 8104. Funds appropriated to the Department of the Navy in title II of this Act may be available to replace lost and canceled Treasury checks issued to Trans World Airlines in the total amount of $255,333.24 for which timely claims were filed and for which detailed supporting records no longer exist.
SEC. 8105. None of the funds appropriated or made available in this Act to the Department of the Navy shall be used to develop, lease or procure the ADC(X) class of ships unless the main propulsion diesel engines and propulsors are manufactured in the United States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes or there exists a significant cost or quality difference.
SEC. 8106. From within amounts made available in title II of this Act under the heading “Operation and Maintenance, Defense-Wide”, and notwithstanding any other provision of law, $2,500,000 shall be available only for a grant for "America's Promise—The Alliance for Youth, Inc.", only to support, on a dollar-fordollar matching basis with non-departmental funds, efforts to mobilize individuals, groups and organizations to build and strengthen the character and competence of the Nation's youth.
SEC. 8107. Of the funds made available in this Act, not less than $47,100,000 shall be available to maintain an attrition reserve force of 23 B-52 aircraft, of which $3,100,000 shall be available from "Military Personnel, Air Force'', $34,500,000 shall be available from “Operation and Maintenance, Air Force", and $9,600,000 shall be available from "Aircraft Procurement, Air Force”: Provided, That the Secretary of the Air Force shall maintain a total force of 94 B52 aircraft, including 23 attrition reserve aircraft, during fiscal year 2000: Provided further, That the Secretary of Defense shall include in the Air Force budget request for fiscal year 2001 amounts sufficient to maintain a B-52 force totaling 94 aircraft.
SEC. 8108. Notwithstanding any other provision in this Act, the total amount appropriated in title II is hereby reduced by $100,000,000 to reflect savings resulting from reviews of Department of Defense missions and functions conducted pursuant to Office of Management and Budget Circular A-76, to be distributed as follows:
“Operation and Maintenance, Army”, $34,300,000;
“Operation and Maintenance, Navy”, $22,800,000;
"Operation and Maintenance, Marine Corps”, $1,400,000; and
“Operation and Maintenance, Air Force”, $41,500,000: Provided, That none of the funds appropriated or otherwise made available by this Act may be obligated or expended for the purpose of contracting out functions directly related to the award of Department of Defense contracts, oversight of contractors with the Department of Defense, or the payment of such contractors including, but not limited to: contracting technical officers, contact administration officers, accounting and finance officers, and budget officers.
SEC. 8109. (a) REPORT ON OMB CIRCULAR A76 REVIEWS OF WORK PERFORMED BY DOD EM
PLOYEES.-The Secretary of Defense shall submit a report not later than 90 days after the enactment of this Act which lists all instances since 1995 in which missions or functions of the Department of Defense have been reviewed by the Department of Defense pursuant to OMB Circular A-76. The report shall list the disposition of each such review and indicate whether the review resulted in the performance of such missions or functions by Department of Defense civilian and military personnel, or whether such reviews resulted in performance by contractors. The report shall include a description of the types of missions or functions, the locations where the missions or functions are performed, the name of the contractor performing the work (if applicable), the cost to perform the missions or functions at the time the review was conducted, and the current cost to perform the missions or functions.
(6) REPORT ON OMB CIRCULAR A-76 REVIEWS OF WORK PERFORMED BY DOD CONTRACTORS.The report shall also identify those instances in which work performed by a contractor has been converted to performance by civilian or military employees of the Department of Defense. For each instance of contracting in, the report shall include a description of the types of work, the locations where the work was performed, the name of the contractor that was performing the work, the cost of contractor performance at the time the work was contracted in, and the current cost of performance by civilian or military employees of the Department of Defense. In addition, the report shall include recommendations for maximizing the possibility of effective publicprivate competition for work that has been contracted out.
(c) COMPTROLLER GENERAL REVIEW.—Not later than 90 days after the date on which the Secretary submits the annual report, the Comptroller General shall submit to the House and Senate Committees on Appropriations the Comptroller General's views on whether the Department has complied with the requirements for the report.
SEC. 8110. The budget of the President for fiscal year 2001 submitted to Congress pursuant to section 1105 of title 31, United States Code, and each annual budget request thereafter, shall include separate budget justification documents for costs of United States armed forces' participation in contingency operations for the Military Personnel accounts, the Procurement accounts, and the Overseas Contingency Operations Transfer Fund: Provided, that these budget justification documents shall include a description of the funding requested for each anticipated contingency operation, for each military service, to include active duty and Guard and Reserve components, and for each appropriation account: Provided further, That these documents shall include estimated costs for each element of expense or object class, a reconciliation of increases and decreases for ongoing contingency operations, and
programmatic data including, but not limited to troop strength for each active duty and Guard and Reserve component, and estimates of the major weapons systems deployed in support of each contingency.
(INCLUDING TRANSFER OF FUNDS) SEC. 8111. In addition to amounts appropriated or otherwise made available in this Act, $35,000,000 is hereby appropriated, only to initiate and expand activities of the Department of Defense to prevent, prepare for, and respond to a terrorist attack in the United States involving weapons of mass destruction: Provided, That funds made available under this section shall be transferred to the following accounts:
“Reserve Personnel, Army”, $2,000,000;
“National Guard Personnel, Army", $2,000,000; "National Guard Personnel, Air
Air Force”, $500,000;
“Operation and Maintenance, Army”, $24,500,000; and
“Research, Development, Test and Evaluation, Army", $6,000,000: Provided further, That funds transferred pursuant to this section shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further, that the transfer authority provided in this section is in addition to any other transfer authority available to the Department of Defense: Provided further, That of the funds transferred to “Operation and Maintenance, Army”, not less than $3,000,000 shall be made available only to establish a cost effective counter-terrorism training program for first responders and concurrent testing of response apparatus and equipment at the Memorial Tunnel Facility: Provided further, That of the funds transferred to “Operation and Maintenance, Army", not less than $2,000,000 shall be made available only to support development of a structured undergraduate research program for chemical and biological warfare defense designed to produce graduates with specialized laboratory training and scientific skills required by military and industrial laboratories engaged in combating the threat of biological and chemical terrorism: Provided further. That of the funds transferred to “Operation and Maintenance, Army”, not less than $3,500,000 shall be made available for a National Guard Bureau and Department of Justice collaborative training program only to enhance distance learning technologies and develop related courseware to provide training for counter-terrorism and related concerns: Provided further, That of the funds transferred to “Research, Development, Test and Evaluation, Army”, not less than $3,000,000 shall be made available only to continue development and presentation of advanced distributed learning consequence management response courses and conventional courses.
SEC. 8112. (a) The Secretary of Defense shall, along with submission of the fiscal year 2001 budget request for the Department of Defense, submit to the congressional defense committees a report, in both unclassified and classified versions, which contains an assessment of the advantages or disadvantages of deploying a ground-based National Missile Defense system at more than one site.
(b) This report shall include, but not be limited to, an assessment of the following issues:
(1) The ability of a single site, versus multiple sites, to counter the expected ballistic missile threat;
(2) The optimum basing locations for a single and multiple site National Missile Defense system;
(3) The survivability and redundancy of potential National Missile Defense systems under a single or multiple site architecture;
(4) The estimated costs (including development, construction and infrastructure, and procurement of equipment) associated with different site deployment options; and
(5) Other issues bearing on deploying a National Missile Defense system at one or more sites.
SEC. 8113. The Secretary of the Navy and the Secretary of the Air Force each shall submit a report to the congressional defense committees within 90 days of enactment of this Act in both classified and unclassified form which shall provide a detailed description of the dedicated aggressor squadrons used to conduct combat flight training for the Navy, Marine Corps and Air Force covering the period from fiscal year 1990 through the present. For each year of the specified time period, each report shall provide a detailed description of the following: the assets which comprise dedicated aggressor squadrons including both aircrews, and the types and models of aircraft assigned to these squadrons; the number of training sorties for all forms of combat flight training which require aggressor aircraft, and the number of sorties that the dedicated aggressor squadrons can generate to meet these requirements; the ratio of the total inventory of attack and fighter aircraft to the number
of aircraft available for dedicated aggressor Department of Defense policies governing the squadrons; a comparison of the performance provision of care provided by and financed characteristics of the aircraft assigned to dedi under the military health care system's case cated aggressor squadrons compared to the per management program under 10 U.S.C. formance characteristics of the aircraft they are 1079(a)(17), the term "custodial care" shall be intended to represent in training scenarios, an defined as care designed essentially to assist an assessment of pilot proficiency by year from 1986 individual in meeting the activities of daily livto the present; Service recommendations to en ing and which does not require the supervision hance aggressor squadron proficiency to include of trained medical, nursing, paramedical or number of dedicated aircraft, equipment, facili other specially trained individuals: Provided, ties, and personnel; and a plan that proposes That the case management program shall proimprovements in dissimilar aircraft air combat vide that members and retired members of the training.
military services, and their dependents and surSEC. 8114. None of the funds appropriated or
vivors, have access to all medically necessary otherwise made available by this or other De
health care through the health care delivery partment of Defense Appropriations Acts may be system of the military services regardless of the obligated or expended for the purpose of per
health care status of the person seeking the forming repairs or maintenance to military fam
health care: Provided further, That the case ily housing units of the Department of Defense,
management program shall be the primary obliincluding areas in such military family housing
gor for payment of medically necessary services units that may be used for the purpose of con
and shall not be considered as secondarily liable ducting official Department of Defense business:
to Title XIX of The Social Security Act, other Provided, That the Department of Defense Of
welfare programs or charity based care. fice of the Inspector General shall provide a re SEC. 8119. During the current fiscal yearport to the House and Senate Committees on Ap (1) refunds attributable to the use of the Govpropriations not later than 90 days after the en ernment travel card and refunds attributable to actment of this Act which assesses the compli official Government travel arranged by Governance of each of the military services with appli ment Contracted Travel Management Centers cable appropriations law, Office of Management may be credited to operation and maintenance and Budget circulars, and Undersecretary of accounts of the Department of Defense which Defense (Comptroller) directives which govern
are current when the refunds are received; and funding for maintenance and repairs to flag of (2) refunds attributable to the use of the Govficer quarters: Provided further, That this report ernment Purchase Card by military personnel shall include an assessment as to whether there and civilian employees of the Department of Dehave been violations of the Anti-Deficiency Act fense may be credited to accounts of the Departresulting from instances of improper funding of ment of Defense that are current when the resuch maintenance and repair projects.
funds are received and that are available for the SEC. 8115. Notwithstanding any other provi
same purposes as the accounts originally sion of law, funds appropriated in this Act charged under the heading "Research, Development, SEC. 8120. During the current fiscal year and Test and Evaluation, Defense-Wide” for any hereafter, any Federal grant of funds to an inadvanced concept technology demonstration stitution of higher education to be available project may only be obligated thirty days after solely for student financial assistance or related a report, including a description of the project administrative costs may be used for the purpose and its estimated annual and total cost, has for which the grant is made without regard to been provided in writing to the congressional
any provision to the contrary in section 514 of defense committees: Provided, That the Sec the Departments of Labor, Health and Human retary of Defense may waive this restriction on
Services, Education, and Related Agencies Apa case-by-case basis by certifying to the congres propriations Act, 1997 (10 U.S.C. 503 note), or sional defense committees that it is in the na section 983 of title 10, United States Code. tional interest to do so: Provided further, That SEC. 8121. (a) REGISTERING INFORMATION none of the funds appropriated under the head TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORing "Research, Development, Test and Evalua MATION OFFICER.–After March 31, 2000, none of tion, Defense-Wide" in the Department of De the funds appropriated in this Act may be used fense Appropriations Act, 1999 (Public Law 105– for a mission critical or mission essential infor262) which remain available for obligation are mation technology system (including a system available for the Line of Sight Anti-Tank Pro funded by the defense working capital fund) gram: Provided further, That of the funds ap that is not registered with the Chief Information propriated under the heading “Research, Devel Officer of the Department of Defense. A system opment, Test and Evaluation, Defense-Wide” in shall be considered to be registered with that ofPublic Law 105–262, $10,027,000 shall be avail ficer upon the furnishing to that officer of noable only for the Air Directed Surface to Air tice of the system, together with such informaMissile.
tion concerning the system as the Secretary of SEC. 8116. None of the funds appropriated Defense may prescribe. An information techunder the heading "Research, Development, nology system shall be considered a mission critTest and Evaluation, Defense-Wide” in the De ical or mission essential information technology partment of Defense Appropriations Act, 1999 system as defined by the Secretary of Defense. (Public Law 105–262) which remain available for (b) CERTIFICATIONS AS TO COMPLIANCE WITH obligation are available for the Medium Ex CLINGER-COHEN ACT.-(1) During fiscal year tended Air Defense System or successor systems. 2000, a major automated information system
SEC. 8117. Of the funds appropriated in title II may not receive Milestone I approval, Milestone of this Act under the heading “Operation and II approval, or Milestone III approval within Maintenance, Army”, $250,000 shall be available
the Department of Defense until the Chief Inforonly for a grant to the Nebraska Game and mation Officer certifies, with respect to that Parks Commission for the purpose of locating, milestone, that the system is being developed in identifying the boundaries of, acquiring, pre accordance with the Clinger-Cohen Act of 1996 serving, and memorializing the cemetery site (40 U.S.C. 1401 et seq.). The Chief Information that is located in close proximity to Fort Atkin Officer may require additional certifications, as son, Nebraska. The Secretary of the Army shall appropriate, with respect to any such system. require as a condition of such grant that the Ne (2) The Chief Information Officer shall probraska Game and Parks Commission, in car vide the congressional defense committees timely rying out the purposes of which the grant is notification of certifications under paragraph made, work in conjunction with the Nebraska (1). Each such notification shall include, at a State Historical Society. The grant under this minimum, the funding baseline and milestone section shall be made without regard to section schedule for each system covered by such a cer1301 of title 31, United States Code, or any other tification and confirmation that the following provision of law.
steps have been taken with respect to the sysSEC. 8118. Notwithstanding any other provi tem: sion of law, for the purpose of establishing all (A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of the return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the Department's Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance (C4ISR) Architecture Framework.
(c) DEFINITIONS.—For purposes of this section:
(1) The term “Chief Information Officer" means the senior official of the Department of Defense designated by the Secretary of Defense pursuant to section 3506 of title 44, United States Code.
(2) The term "information technology system" has the meaning given the term “information technology” in section 5002 of the ClingerCohen Act of 1996 (40 U.S.C. 1401).
(3) The term “major automated information system” has the meaning given that term in Department of Defense Directive 5000.1.
SEC. 8122. During the current fiscal year, none of the funds available to the Department of Defense may be used to provide support to another department or agency of the United States if such department or agency is more than 90 days in arrears in making payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable basis: Provided, That this restriction shall not apply if the Department is authorized by law to provide support to such department or agency on a nonreimbursable basis, and is providing the requested support pursuant to such authority: Provided further, That the Secretary of Defense may waive this restriction on a caseby-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so.
SEC. 8123. (a) RECOVERY OF CERTAIN DOD ADMINISTRATIVE EXPENSES IN CONNECTION WITH FOREIGN MILITARY SALES PROGRAM.-Charges for administrative services calculated under section 21(e) of the Arms Export Control Act (22 U.S.C. 2761(e)) in connection with the sale of defense articles or defense services shall (notwithstanding paragraph (3) of section 43(b) of such Act (22 U.S.C. 2792(b)) include recovery of administrative expenses incurred by the Department of Defense during fiscal year 2000 that are attributable to (1) salaries of members of the Armed Forces, and (2) unfunded estimated costs of civilian retirement and other benefits.
(6) REIMBURSEMENT OF APPLICABLE MILITARY PERSONNEL ACCOUNTS.—During the current fiscal year, amounts in the Foreign Military Sales Trust Fund shall be available in an amount not to exceed $63,000,000 to reimburse the applicable military personnel accounts in title I of this Act for the value of administrative expenses referred in subsection (a)(1).
(c) REDUCTIONS TO REFLECT AMOUNTS ExPECTED TO BE RECOVERED.—(1) The amounts in title I of this Act are hereby reduced by an aggregate of $63,000,000 (such amount being the amount expected to be recovered by reason of subsection (a)(1)).
(2) The amounts in title II of this Act are hereby reduced by an aggregate of $31,000,000 (such amount being that amount expected to be recovered by reason of subsection (a)(2)).
SEC. 8124. (a) The Communications Act of 1934 is amended in section 337(b) (47 U.S.C. 337(b)), by deleting paragraph (2). Upon enactment of this provision, the FCC shall initiate the competitive bidding process in fiscal year 1999 and shall conduct the competitive bidding in a manner that ensures that all proceeds of such bidding are deposited in accordance with section 309(j)(8) of the Act not later than September 30, 2000. To expedite the assignment by competitive bidding of the frequencies identified in section 337(a)(2) of the Act, the rules governing such frequencies shall be effective immediately upon publication in the Federal Register, notwithstanding 5 U.S.C. 553(d), 801(a)(3), 804(2), and 806(a). Chapter 6 of such title, 15 U.S.C. 632,
equipment deployed compared to other equipment in the U.S. inventory that was not deployed, and a critique of the training provided to operational personnel prior to and during the deployment).
(9) The use of electronic warfare assets, in particular an assessment of the adequacy of EA-6B aircraft in terms of inventory, capabilities, deficiencies, and ability to provide logistics support.
(10) The effectiveness of reserve component forces including their use and performance in the theater of operations.
(11) The contributions of United States (and with respect to Operation Allied Force, NATO) intelligence and counterintelligence systems and personnel, including an assessment of the targeting selection and bomb damage assessment process.
(c) The report should also contain:
(1) An analysis of the transfer of operational assets from other United States Unified Commands to these operations' theater of operations and the impact on the readiness, warfighting capability and deterrence value of those commands.
(2) An analysis of the implications of these operations as regards the ability of United States armed forces and intelligence capabilities to carry out the current national security strategy, including
(A) whether the Department of Defense and its components, and the intelligence community and its components, have sufficient force structure and manning as well as equipment (to include items such as munitions stocks) to deploy, prosecute and sustain operations in a second major theater of war as called for under the current national security strategy;
(B) which, if any aspects, of currently programmed manpower, operations, training and other readiness programs, and weapons and other systems are found to be inadequate in terms of supporting the national military strat
and 44 U.S.C. 3507 and 3512, shall not apply to the rules and competitive bidding procedures governing such frequencies. Notwithstanding section 309(b) of the Act, no application for an instrument of authorization for such frequencies shall be granted by the Commission earlier than 7 days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereto. Notwithstanding section 309(d)(1) of such Act, the Commission may specify a period (no less than 5 days following issuance of such public notice) for the filing of petitions to deny any application for an instrument of authorization for such frequencies.
(b)(1) Not later than 15 days after the date of the enactment of this Act, the Director of the Office of Management and Budget and the Federal Communications Commission shall each submit to the appropriate congressional committees a report which shall
(A) set forth the anticipated schedule (including specific dates) for
(i) preparing and conducting the competitive bidding process required by subsection (a); and
(ii) depositing the receipts of the competitive bidding process,
(B) set forth each signficant milestone in the rulemaking process with respect to the competitive bidding process;
(C) include an explanation of the effect of each requirement in subsection (a) on the schedule for the competitive bidding process and any post-bidding activities (including the deposit of receipts) when compared with the schedule for the competitive bidding and any post-bidding activities (including the deposit of receipts) that would otherwise have occurred under section 337(b)(2) of the Communications Act of 1934 (47 U.S.C. 337(b)(2)) if not for the enactment of subsection (a);
(D) set forth for each spectrum auction held by the Federal Communications Commission since 1993 information on
(i) the time required for each stage of preparation for the auction;
(ii) the date of the commencement and of the completion of the auction;
(iii) the time which elapsed between the date of the completion of the auction and the date of the first deposit of receipts from the auction in the Treasury; and
(iv) the dates of all subsequent deposits of receipts from the auction in the Treasury; and
(E) include an assessment of how the stages of the competitive bidding process required by subsection (a), including preparation, commencement and completion, and deposit of receipts, will differ from similar stages in the auctions referred to in subparagraph (D).
(2) Not later than October 5, 2000, the Director of the Office of Management and Budget and the Federal Communications Commission shall each submit to the appropriate congressional committees the report which shall
(A) describe the course of the competitive bidding process required by subsection (a) through September 30, 2000, including the amount of any receipts from the competitive bidding process deposited in the Treasury as of September 30, 2000; and
(B) if the course of the competitive bidding process has included any deviations from the schedule set forth under paragraph (1)(A), an explanation for such deviations from the schedule.
(3) The Federal Communications Commission may not consult with the Director in the preparation and submittal of the reports required of the Commission by this subsection.
(4) In this subsection, the term "appropriate congressional committees” means the following:
(A) The Committees on Appropriations, the Budget, and Commerce of the Senate.
(B) The Committees on Appropriations, the Budget, and Commerce of the House of Representatives.
(c) Nothing in this section shall be construed to supercede the requirements placed on the
Federal Communications Commission by 47 U.S.C. 337(d)(4).
SEC. 8125. (a) REPORT REQUIRED.-Not later than January 31, 2000, the Secretary of Defense shall submit to the congressional defense committees in both classified and unclassified form a report on the conduct of Operation Desert Fox and Operation Allied Force (also referred to as Operation Noble Anvil). The Secretary of Defense shall submit to such committees a preliminary report on the conduct of these operations not later than December 15, 1999. The report (including the preliminary report) should be prepared in consultation with the Chairman of the Joint Chiefs of Staff, the Commander in Chief of the United States Central Command, and the Commander in Chief of the United States European Command.
(b) REVIEW OF SUCCESSES AND DEFICIENCIES. The report should contain a thorough review of the successes and deficiencies of these operations, with respect to the following matters:
(1) United States military objectives in these operations.
(2) With respect to Operation Allied Force, the military strategy of the North Atlantic Treaty Organization (NATO) to obtain said military objectives.
(3) The command structure for the execution of Operation Allied Force.
(4) The process for identifying, nominating, selecting, and verifying targets to be attacked during Operation Desert Fox and Operation Allied Force.
(5) A comprehensive battle damage assessment of targets prosecuted during the conduct of the air campaigns in these operations, to include
(A) fixed targets, both military and civilian, to include bridges, roads, rail lines, airfields, power generating plants, broadcast facilities, oil refining infrastructure, fuel and munitions storage installations, industrial plants producing military equipment, command and control nodes, civilian leadership bunkers and military barracks,
(B) mobile military targets such as tanks, armored personnel carriers, artillery pieces, trucks, and air defense assets;
(C) with respect to Operation Desert Fox, research and production facilities associated with Iraq's weapons of mass destruction and ballistic missile programs, and any military units or organizations associated with such activities within Iraq; and
(D) a discussion of decoy, deception and counter-intelligence techniques employed by the Iraqi and Serbian military.
(6) The use and performance of United States military equipment, weapon systems, munitions, and national and tactical reconnaissance and surveillance assets (including items classified under special access procedures) and an analysis of
(A) any equipment or capabilities that were in research and development and if available could have been used in these operations' respective theater of operations,
(B) any equipment or capabilities that were available and could have been used but were not introduced into these operations' respective theater of operations, and
(C) any equipment or capabilities that were introduced to these operations' respective theater of operations that could have been used but were not.
(7) Command, control, communications and operational security of NATO forces as a whole and United States forces separately during Operation Allied Force, including the ability of United States aircraft to operate with aircraft of other nations without degradation of capabilities or protection of United States forces.
(8) The deployment of United States forces and supplies to the theater of operations, including an assessment of airlift and sealift (to include a specific assessment of the deployment of Task Force Hawk during Operation Allied Force, to include detailed explanations for the delay in initial deployment, the suitability of
(C) what adjustments need to be made to current defense planning and budgets, and specific programs to redress any deficiencies identified by this analysis.
SEC. 8126. None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation of “armor penetrator”, “armor piercing (AP)", "armor piercing incendiary (API)”, or “armor-piercing incendiary-tracer (API-T)”, except to an entity performing demilitarization services for the Department of Defense under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either (1) rendered incapable of reuse by the demilitarization process or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State.
SEC. 8127. Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or his designee, may waive payment of all or part of the consideration that otherwise would be required under 10 U.S.C. 2667, in the case of a lease of personal property for a period not in excess of one year to any organization specified in 32 U.S.C. 508(d), or any other youth, social, or fraternal non-profit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-bycase basis.
SEC. 8128. In the current fiscal year and hereafter, funds appropriated for the Pacific Disaster Center may be obligated to carry out such missions as the Secretary of Defense may specify for disaster information management and related supporting activities in the geographic area of responsibility of the Commander in Chief, Pacific and beyond in support of a global
disaster information network: Provided, That
SEC. 8129. Notwithstanding any other provi-
"Military Personnel, Army”, $559,533,000;
"Military Personnel, Marine Corps",
“Military Personnel, Air Force”, $471,892,000;
“Reserve Personnel, Marine Corps",
“Reserve Personnel, Air Force”, $13,143,000;
Army”, $70,416,000; and
“National Guard Personnel, Air Force”, $30,462,000.
SEC. 8130. Notwithstanding any other provision of law, that not more than thirty-five per centum of funds provided in this Act, may be obligated for environmental remediation under indefinite delivery/indefinite quantity contracts with a total contract value of $130,000,000 or higher.
SEC. 8131. Of the funds made available under
SEC. 8132. None of the funds appropriated by
SEC. 8133. MULTI-YEAR AIRCRAFT LEASE PILOT
(b) Sections 2401 and 2401a of Title 10, United States Code shall not apply to any aircraft lease authorized by this Section.
(c) Under the aircraft lease Pilot Program authorized by this Section:
(1) The Secretary may include terms and conditions in lease agreements that are customary in aircraft leases by a non-government lessor to a non-government lessee.
(2) The term of any individual lease agreement Joint Chiefs of Staff reports to the congressional into which the Secretary enters under this sec defense committees on the role and participation tion shall not exceed ten years.
of all unified and specified commands in the (3) The Secretary may provide for special pay Joint Warfighting Experimentation Program. ments to a lessor if either the Secretary termi SEC. 8137. In addition to the amounts appronates or cancels the lease prior to the expiration priated or otherwise made available elsewhere in of its term or aircraft are damaged or destroyed
this Act for the Department of Defense, prior to the expiration of the term of the lease. $5,000,000, to remain available until September Such special payments shall not exceed an 30, 2000 is hereby appropriated to the Departamount equal to the value of one year's lease ment of Defense: Provided, That the Secretary payment under the lease. The amount of special of Defense shall make a grant in the amount of payments shall be subject to negotiation be $5,000,000 to the American Red Cross for Armed tween the Air Force and lessors.
Forces Emergency Services. (4) Notwithstanding any other provision of
SEC. 8138. The Department of the Army is dilaw, any payments required under a lease under
rected to conduct a live fire, side-by-side operthis Section, and any payments made pursuant
ational test of the air-to-air Starstreak and airto Subsection (3) above may be made from:
to-air Stinger missiles from the AH-64D (A) Appropriations available for the perform Longbow helicopter. The operational test is to ance of the lease at the time the lease takes ef
be completed utilizing funds provided for in this fect;
Act in addition to funding provided for this pur(B) Appropriations for the operation and pose in the Fiscal Year 1999 Defense Appropriamaintenance available at the time which the
tions Act (P.L. 105–262): Provided, That notpayment is due; and
withstanding any other provision of law, the (C) Funds appropriated for those payments. Department is to ensure that the development,
(5) The Secretary may lease aircraft, on such procurement or integration of any missile for terms and conditions as the Secretary may deem
use on the AH-64 or RAH-66 helicopters, as an appropriate, consistent with this section,
air-to-air missile, is subject to a full and open through an operating lease consistent with competition which includes the conduct of a OMB Circular A-11.
live-fire, side-by-side test as an element of the (6) The Secretary may exchange or sell exist source selection criteria: Provided further, That ing aircraft and apply the exchange allowance
the Under Secretary of Defense (Acquisition & or sale proceeds in whole or in part toward the Technology) will conduct an independent recost of leasing replacement aircraft under this view of the need, and the merits of acquiring an Section.
air-to-air missile to provide self-protection for (7) Lease arrangements authorized by this the AH-64 and RAH-66 from the threat of hosSection may not commence until:
tile forces. The Secretary is to provide his find(A) The Secretary submits a report to the con ings in a report to the congressional defense gressional defense committees outlining the committees, no later than March 31, 2000. plans for implementing the Pilot Program. The SEC. 8139. During the current fiscal year, Report shall describe the terms and conditions under regulations prescribed by the Secretary of of proposed contracts and the savings in oper Defense, the Center of Excellence for Disaster ations and support costs expected to be derived Management and Humanitarian Assistance may from retiring older aircraft as compared to the also pay, or authorize payment for, the expenses expected cost of leasing newer replacement air of providing or facilitating education and traincraft; and
ing for appropriate military and civilian per(B) A period of not less than 30 calendar days sonnel of foreign countries in disaster managehas elapsed after submitting the Report.
ment and humanitarian assistance: Provided, (8) Not later than one year after the date on That not later than April 1, 2001, the Secretary which the first aircraft is delivered under this of Defense shall submit to the congressional dePilot Program, and yearly thereafter on the an fense committees a report regarding the training niversary of the first delivery, the Secretary of foreign personnel conducted under this aushall submit a report to the congressional de thority during the preceding fiscal year for fense committees describing the status of the which expenses were paid under the section: Pilot Program. The Report will be based on at Provided further, That the report shall specify least six months of experience in operating the the countries in which the training was conPilot Program.
ducted, the type of training conducted, and the (9) No lease of operational support aircraft foreign personnel trained. may be entered into under this Section after SEC. 8140. Of the funds appropriated in title II September 30, 2004.
under the heading “OPERATION AND MAINTE(d) The authority granted to the Secretary of NANCE, DEFENSE-WIDE" for the Office of the the Air Force by this Section is separate from Special Assistant to the Deputy Secretary of Deand in addition to, and shall not be construed fense for Gulf War Illnesses, up to $10,000,000 to impair or otherwise affect, the authority of may be made available for carrying out the firstthe Secretary to procure transportation or enter year actions under the 5-year research plan outinto leases under a provision of law other than lined in the report entitled “Department of Dethis section.
fense Strategy to Address Low-Level Exposures (e) The authority provided under this section to Chemical Warfare Agents (CWAS)”, dated may be used to lease not more than a total of six May 1999, that was submitted to committees of (6) aircraft for the purposes of providing oper Congress pursuant to section 247(d) of the Strom ational support.
Thurmond National Defense Authorization Act SEC. 8134. Notwithstanding any other provi for Fiscal Year 1999 (Public Law 105–261; 112 sion in this Act, the total amount appropriated Stat. 1957). in this Act for “Operation and Maintenance, SEC. 8141. (a) The Department of Defense is Air Force” is hereby reduced by $100,000,000 to authorized to enter into agreements with the reflect supplemental appropriations provided Veterans Administration and federally-funded under Public Law 106–31 for Readiness/Muni health agencies providing services to Native Hations.
waiians for the purpose of establishing a partSEC. 8135. Section 8106(a) of the Department of nership similar to the Alaska Federal Health Defense Appropriations Act, 1997 (titles I Care Partnership, in order to maximize Federal through VIII of the matter under section 101(b) resources in the provision of health care services of Public Law 104–208; 110 Stat. 3009–111; 10 by federally-funded health agencies, applying U.S.C. 113 note), is amended
telemedicine technologies. For the purpose of (1) by striking “not later than June 30, 1997,”; this partnership, Native Hawaiians shall have and
the same status as other Native Americans who (2) by striking “$1,000,000” and inserting are eligible for the health care services provided *$500,000".
by the Indian Health Service. SEC. 8136. None of the funds provided for the (b) The Department of Defense is authorized Joint Warfighting Experimentation Program to develop a consultation policy, consistent with may be obligated until the Vice Chairman of the Executive Order 13084 (issued May 14, 1998),
with Native Hawaiians for the purpose of assuring maximum Native Hawaiian participation in the direction and administration of governmental services so as to render those services more responsive to the needs of the Native Hawaiian community.
(c) For purposes of this section, the term “Native Hawaiian” means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii.
SEC. 8142. None of the funds appropriated or otherwise made available by this or any other Act may be made available for reconstruction activities in the Republic of Serbia (excluding the province of Kosovo) as long as Slobodan Milosevic remains the President of the Federal Republic of Yugoslavia (Serbia and Montenegro).
SEC. 8143. In addition to the amounts provided elsewhere in this Act, the amount of $5,000,000 is hereby appropriated for "OPERATION AND MAINTENANCE, DEFENSE-WIDE”, to be available, notwithstanding any other provision of law, only for a grant to the United Service Organizations Incorporated, a federally chartered corporation under chapter 2201 of title 36, United States Code. The grant provided for by this section is in addition to any grant provided for under any other provision of law.
SEC. 8144. None of the funds in this Act shall be available to initiate a multiyear procurement contract for the Abrams M1A2 Tank Upgrade Program until 30 days after the Department of the Army has submitted a report to Congress detailing its efforts to reduce the costs of the tank upgrade program, to include the effects and potential savings that would result from any alternate fixed price or fixed quantity option contracts.
SEC. 8145. The multi-year authority for the C17 granted in this Act shall become effective once the Secretary of the Air Force certifies to the congressional defense committees that the average unit flyaway price of C-17 aircraft P121 through P180 purchased under a multi-year contract will be at least twenty-five (25) percent below the average unit flyaway price of the C17 under the current 80 aircraft multiyear procurement program, with both prices calculated in fiscal year 1999 dollars.
(INCLUDING TRANSFER OF FUNDS) SEC. 8146. (a) In addition to amounts appropriated elsewhere in this Act, $1,000,000,000 is hereby appropriated for the F-22 program: Provided, That these funds shall only be available for transfer to the appropriate F-22 program R1 and P-1 line items of Titles IV and III of this Act for the purposes of F-22 program research, development, test and evaluation, and advance procurement: Provided further, That of this amount, not more than $277,100,000 may be transferred to the “Aircraft Procurement, Air Force” account only for advance procurement of F-22 aircraft: Provided further, That any funds transferred for F-22 advance procurement shall not be available for obligation until the Secretary of Defense certifies to the congressional defense committees that all 1999 Defense Acquisition Board erit criteria have been met: Provided further, that the transfer authority provided in this section is in addition to any other transfer authority contained elsewhere in this Act.
(b) Notwithstanding any other provision of law, the Secretary of Defense may use funds provided under this section and transferred to Titles IV and III of this Act to continue acquisition of F-22 test aircraft for which procurement funding has been previously provided.
(c) The Secretary of the Air Force shall adjust the amounts of the limitations set forth in subsections (a) and (b) of section 217, Public Law 105–85 accordingly, and may modify any F-22 contracts to implement the requirements of this section.
(d) Funds appropriated in this Act or any other prior Act for "Research, Development,
Test and Evaluation, Air Force" and "Aircraft Procurement, Air Force” may not be used for acquisition of more than a total of 17 flight-capable test vehicles for the F-22 aircraft program.
(e) The Secretary of the Air Force may not award a full funding contract for low-rate initial production for the F-22 aircraft program until
(1) the first flight of an F-22 aircraft incorporating Block 3.0 software has been conducted;
(2) the Secretary of Defense certifies to the congressional defense committees that all Defense Acquisition Board exit criteria for the award of low-rate initial production of the aircraft have been met; and
(3) upon completion of the requirements under (e)(1) and (e)(2) the Director of Operational Test and Evaluation submits to the congressional defense committees a report assessing the adequacy of testing to date to measure and predict performance of F-22 avionics systems, stealth characteristics, and weapons delivery systems.
(f) The funds transferred under the authority provided within this section shall be merged with and shall be available for the same purposes, and for the same time period, as the appropriation to which transferred.
(INCLUDING TRANSFER OF FUNDS) SEC. 8147. (a) In addition to the amounts appropriated elsewhere in this Act, $300,000,000 is hereby appropriated for F-22 program termination liability or for other F-22 program contractual requirements in lieu of termination liability obligations: Provided, That these funds shall only be available for transfer to the appropriate F-22 program R-1 and P-1 line items of Titles IV and III of this Act for the purposes specified in this section: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority contained elsewhere in this Act: Provided further, That these funds shall not be available for expenditure until October 1, 2000.
(b) The funds transferred under the authority provided within this section shall be merged with and shall be available for the same purposes, and for the same time period, as the appropriation to which transferred.
SEC. 8148. In addition to the amounts provided elsewhere in this Act, the amount of $5,500,000 is hereby appropriated for “OPERATION AND MAINTENANCE, DEFENSE-WIDE", to be available, notwithstanding any other provision of law, only for a grant to the High Desert Partnership in Academic Excellence Foundation, Inc., for the purpose of developing, implementing, and evaluating a standards and performance based academic model at schools administered by the Department of Defense Education Activity.
SEC. 8149. None of the funds appropriated in this Act may be used for the payment of a fine or penalty that is imposed against the Department of Defense or a military department arising from an environmental violation at a military installation or facility unless the payment of the fine or penalty has been specifically authorized by law. For purposes of this section, expenditure of funds to carry out a supplemental environmental project that is required to be carried out as part of such a penalty shall be considered to be a payment of the penalty.
SEC. 8150. Section 8145 of the Department of Defense Appropriations Act, 1999 (Public Law 105–262; 112 Stat. 2340), is amended by inserting before the period at the end the following: and for such additional environmental restoration activities at such former base as may be accomplished within such total amount”.
SEC. 8151. Of the funds made available in this Act under the heading “Operation and Maintenance, Defense-Wide", up to $5,000,000 shall be available to provide assistance, by grant or otherwise, to public school systems that have unusually high concentrations of special needs military dependents enrolled: Provided, That in selecting school systems to receive such assistance, special consideration shall be given to school systems in states that are considered overseas assignments.
SEC. 8152. Funds appropriated by the paragraph under the heading “MILITARY CONSTRUCTION TRANSFER FUNDS” in the 1999 Emergency Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 85) may be transferred to military construction accounts, as authorized by that paragraph, and shall be merged with and shall be available for the same purposes and for the same time period as the account to which transferred.
SEC. 8153. Section 127 of the Military Construction Appropriations Act, 1995 (Public Law 103-307; 108 Stat. 1666) is amended
(1) in subsection (B)(1), by striking "an amount" and all that follows and inserting “$3,400,000.”; and
(2) by adding at the end the following:
“(i) COMPLETION OF CONVEYANCE BY END OF FISCAL YEAR 2000.-The Secretary shall endeavor to complete any conveyance under this section not later than September 30, 2000.”.
SEC. 8154. Notwithstanding any other provision of law, funds appropriated in this Act under the heading “Operation and Maintenance, Army” shall be available for expenses associated with characterization and remediation activities at the Massachusetts Military Reservation, Cape Cod, Massachusetts, resulting from environmental problems pertaining to use of Camp Edwards as a training range and impact area and any administrative orders issued by the U.S. Environmental Protection Agency to address those problems.
SEC. 8155. (a) IN GENERAL.-Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units located at Grand Forks Air Force Base and Minot Air Force Base that are excess to the needs of the Air Force.
(b) PROCESSING OF REQUESTS.—The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of North Dakota, South Dakota, Montana, and Minnesota.
(C) The Operation Walking Shield program shall resolve any conflicts among request of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under paragraph (b).
(d) INDIAN TRIBE DEFINED.—In this section, the term “Indian tribe” means any recognized Indian tribe included on the current list published by the Secretary of Interior under Section 104 of the Federally Recognized Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; U.S.C. 479a-1).
SEC. 8156. Of the amounts appropriated in the Act under the heading “Research, Development, Test and Evaluation, Defense-Wide", $45,000,000 shall be available for the purpose of adjusting the cost-share of the parties under the Agreement between the Department of Defense and the Ministry of Defence of Israel for the Arrow Deployability Program.
SEC. 8157. The Secretary of Defense shall fully identify and determine the validity of healthcare contract additional liabilities, requests for equitable adjustment, and claims for unanticipated healthcare contract costs: Provided, That the Secretary of Defense shall establish an equitable and timely process for the adjudication of claims, and recognize actual liabilities during the Department's planning, programming and budgeting process, including fiscal year 2000 supplemental appropriation requests if appropriate: Provided further, That not later than December 1, 1999, the Secretary of Defense shall submit a report to the congressional defense committees on the scope and extent of healthcare contract claims, and on the action taken to implement the provisions of this section: Provided further, That nothing in this