FY2000 Defense Appropriations bill

TABLE OF CONTENTS:

Title I: Military Personnel

Title II: Operation and Maintenance

Title III: Procurement

Title IV: Research, Development, Test and Evaluation

Title V: Revolving and Management Funds

Title VI: Other Department of Defense Programs

Title VII: Related Agencies

Title VIII: General Provisions

Title IX: Waiver of Certain Sanctions Against India and

Pakistan

Department of Defense Appropriations Act, 2000 - Title I: Military Personnel - Appropriates funds for FY 2000 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY 2000 for the operation and maintenance (O&M) of the Army, Navy, and Air Force (including a transfer of funds in each case), the Marine Corps, the defense agencies (including a transfer of funds), the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) overseas contingency operations (including a transfer of funds); (2) the U.S. Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, Air Force, and defense-wide (including a transfer of funds in each case); (4) environmental restoration at former defense sites (including a transfer of funds); (5) overseas humanitarian, disaster, and civic aid; (6) nuclear threat reduction programs with respect to republics of the former Soviet Union; (7) quality of life enhancements, defense; and (8) renovation of the Pentagon.

Title III: Procurement - Appropriates funds for FY 2000 for procurement by the armed forces and its reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. Appropriates funds for defense-wide procurement (including a transfer of funds), National Guard and reserve equipment, and certain procurements under the Defense Production Act of 1950.

Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 2000 for research, development, test, and evaluation (RDT&E) by the armed forces and defense agencies. Appropriates funds for the Directors of Test and Evaluation and Operational Test and Evaluation.

Title V: Revolving and Management Funds - Appropriates funds for: (1) the defense working capital funds; and (2) programs under the National Defense Sealift Fund.

Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) expenses and activities of the Office of Inspector General in carrying out the Inspector General Act of 1978.

Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) expenses of the Intelligence Community Management Account (including a transfer of funds); (3) authorized payments to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Fund; and (4) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund).

Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds.

(Sec. 8008) Authorizes procurement funds appropriated under this Act to be used for multiyear procurement contracts for the Longbow Apache helicopter, Javelin missile, Abrams M1A2 upgrade, F-A 18E-F aircraft, C-17 aircraft, and F-16 aircraft.

(Sec. 8010) Prohibits during FY 2000 the management by end strengths of DOD civilian personnel.

(Sec. 8019) Authorizes the Secretary of Defense (Secretary) to establish with host governments of NATO-member countries an account for the deposit of residual value amounts negotiated in the return of U.S. military installations to such countries.

(Sec. 8032) Authorizes DOD to incur up to $350 million in obligations for DOD personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait.

(Sec. 8033) Earmarks funds from this Act for the Civil Air Patrol Corporation.

(Sec. 8034) Prohibits the use of funds from this Act to establish a new DOD federally funded research and development center (FFRDC). Limits the Federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY 2000 FFRDC funds for new building construction, cost-sharing payments for projects funded by Government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY 2000 funds.

(Sec. 8042) Directs the President to include within each fiscal year budget the amounts requested for administrative activities of DOD, the military departments, and the defense agencies.

(Sec. 8050) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities.

(Sec. 8053) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) for assistance to the Democratic People's Republic of Korea unless specifically appropriated for such purpose; (3) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 1999, level; and (4) to transport chemical munitions to the Johnston Atoll for storage or demilitarization (with an exception and an authorized wartime waiver by the President).

(Sec. 8057) Authorizes DOD to lease real and personal property at the Adak Naval Air Facility, Alaska.

(Sec. 8058) Rescinds specified funds from various accounts under prior defense appropriations Acts.

(Sec. 8065) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency in any fiscal year for drug interdiction and counter-drug activities.

(Sec. 8073) Directs the Secretary to report quarterly to specified congressional committees setting forth all costs incurred by DOD in implementing or supporting United Nations (UN) Security Council resolutions.

(Sec. 8074) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any UN peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.

(Sec. 8075) Authorizes the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees on such loan guarantees.

(Sec. 8079) Authorizes the use of DOD O&M funds in support of U.S. missions and with eligible organizations and activities outside of DOD.

(Sec. 8082) Directs the Secretary, upon the enactment of this Act, to make specified transfers between various DOD accounts.

(Sec. 8083) Directs the Under Secretary of Defense (Comptroller) to submit to the defense committees a report identifying any activity for which the FY 2001 budget request was reduced because Congress appropriated funds above the President's budget request for that activity for FY 2000.

(Sec. 8085) Authorizes the Secretary, during the current fiscal year, to waive reimbursement of certain educational costs of the Asia-Pacific Center for Security Studies for military officers and civilian officials of foreign countries if determined to be in the national security interest.

(Sec. 8086) Authorizes the Chief of the National Guard Bureau to permit the use of equipment of the National Guard Distance Learning Project on a space-available, reimbursable basis.

(Sec. 8090) Rescinds $452.1 million of the funds provided to various accounts under the Department of Defense Appropriations Act, 1999 to reflect savings from revised economic assumptions.

(Sec. 8091) Requires the President's budget for FY 2001 and thereafter to separately identify all costs incurred by DOD to support NATO and all Partnership for Peace programs and initiatives.

(Sec. 8092) Prohibits the use of funds for the license or sale of the F-22 advanced tactical aircraft to any foreign government.

(Sec. 8093) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitation would invalidate cooperative programs or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items produced in the United States for that country. Provides exceptions.

(Sec. 8097) Appropriates funds for the completion of the "Women in Military Service for America" memorial at Arlington National Cemetery.

(Sec. 8098) Prohibits the use of appropriated funds to support any training program involving security forces of a foreign country if credible information exists that such country has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances. Requires a report from the Secretary to the defense committees explaining any such waiver.

(Sec. 8099) Authorizes the Secretary to distribute surplus DOD dental equipment to Indian health service facilities and federally-qualified health centers.

(Sec. 8100) Reduces the total amount appropriated in this Act by: (1) $123.2 million, to reflect savings from the pay of civilian personnel; and (2) $171 million, to reflect savings from favorable foreign currency fluctuations. Allocates such savings among various DOD O&M and military personnel accounts.

(Sec. 8103) Makes: (1) Army O&M funds available for repairs and safety improvements of a portion of a road at Fort Irwin, California; and (2) Navy-appropriated funds available for the replacement of certain lost and canceled checks.

(Sec. 8108) Reduces by $100 million the total amount of O&M funds appropriated under this Act, to reflect savings from reviews of DOD missions and functions conducted pursuant to Office of Management and Budget (OMB) Circular A-76.

(Sec. 8109) Directs the Secretary to submit a report which lists all instances since 1995 in which DOD missions and functions have been reviewed by DOD pursuant to the above Circular. Requires such report to also include those instances in which work performed by a contractor has been converted to performance by DOD civilian or military employees. Requires the Comptroller General to determine whether DOD has complied with such report requirements.

(Sec. 8110) Requires the President's budget for FY 2001 and thereafter to include separate budget justifications for costs of U.S. military participation in contingency operations for the military personnel accounts, the procurement accounts, and the Overseas Contingency Operations Transfer Fund.

(Sec. 8111) Appropriates funds to initiate and expand DOD activities to prevent, prepare for, and respond to a terrorist attack in the United States involving weapons of mass destruction.

(Sec. 8112) Directs the Secretary to report to the defense committees assessing the advantages or disadvantages of deploying a ground-based National Missile Defense system at more than one site.

(Sec. 8113) Directs the Secretaries of the Navy and Air Force to submit to the defense committees a detailed description of the dedicated aggressor squadrons used to conduct combat flight training for the Navy, Marine Corps, and Air Force from 1990 through the present.

(Sec. 8116) Prohibits remaining FY 1999 DOD RDT&E funds from being used for the Medium Extended Air Defense System or successor systems.

(Sec. 8119) Provides for the crediting during the current fiscal year of certain refunds attributable to the use of Government travel cards and Government purchase cards.

(Sec. 8121) Prohibits, after March 31, 2000, any appropriated funds from being used for a mission critical or mission essential information technology system that is not registered with the DOD Chief Information Officer. Prohibits a major automated information system from receiving a Milestone I, II, or III approval until such officer provides written notice that such system is being developed in accordance with certain requirements under the Clinger-Cohen Act of 1996. Requires certain other information to be included in such certification.

(Sec. 8123) Requires charges for DOD administrative services in connection with the foreign military sales program to include recovery of DOD administrative expenses during FY 2000 that are attributable to: (1) salaries of military personnel; and (2) unfunded estimated costs of civilian retirement and other benefits. Makes funds from the Foreign Military Sales Trust Fund available for the reimbursement of applicable military personnel accounts under (1), above. Reduces by specified amounts funds available under titles I and II to reflect amounts expected to be recovered for such administrative expenses.

(Sec. 8124) Amends the Communications Act of 1934 to repeal a requirement that the Federal Communications Commission (FCC) not commence bidding for commercial licenses for certain reallocated frequency spectrum until after January 1, 2001. Directs the FCC to initiate such bidding during FY 1999 and to ensure that all proceeds of such bidding are deposited no later than September 30, 2000. Provides for the expedited assignment of such frequencies. Requires at least seven days' public notice prior to the granting of an application for an instrument of authorization for any such frequency. Requires two reports each from the OMB Director and the FCC with respect to such bidding process.

(Sec. 8125) Requires a report from the Secretary to the defense committees on the conduct of Operations Desert Fox and Allied Force.

(Sec. 8127) Authorizes the Chief of the National Guard Bureau to waive payments for the lease of personal property to Federal, State, or local governments or youth or charitable organizations.

(Sec. 8128) Provides authorized uses of funds appropriated for the Pacific Disaster Center. Authorizes the Secretary to enable the Center and its derivatives to enter into cooperative agreements for the delegation or implementation of all of its missions and to accept grants to carry out its activities. Prohibits the Center from accepting any remuneration or services that compromise national security.

(Sec. 8129) Reduces by over $1.8 billion the total amount appropriated under this Act for military personnel, to reflect amounts appropriated in the 1999 Emergency Supplemental Appropriations Act.

(Sec. 8133) Authorizes the Secretary of the Air Force to establish a multi-year pilot program for leasing aircraft for operational support purposes, including transportation for the combatant commanders in chief. Prohibits any such lease from being entered into after September 30, 2004.

(Sec. 8134) Reduces by $100 million the total amount appropriated under titles II and III of this Act, to reflect certain supplemental appropriations provided under the 1999 Emergency Supplemental Appropriations Act.

(Sec. 8135) Directs the Secretary to require that each disbursement by DOD in excess of $500,000 (currently $1 million) be matched to a particular obligation before the disbursement is made.

(Sec. 8136) Prohibits the obligation of funds for the Joint Warfighting Experimentation Program until the Vice Chairman of the Joint Chiefs of Staff reports to the defense committees on the role and participation of all unified and specified commands in the Program.

(Sec. 8137) Appropriates funds to DOD for a grant to the American Red Cross for armed forces emergency services.

(Sec. 8138) Directs the Army to conduct live-fire, side-by-side operational test of the air-to-air Starstreak and Stinger missiles from the AH-64D Longbow helicopter.

(Sec. 8139) Authorizes the Center of Excellence for Disaster Management and Humanitarian Assistance, during the current fiscal year, to pay expenses of providing or facilitating education and training for foreign military and civilian personnel in disaster management and humanitarian assistance (requiring a report on such training).

(Sec. 8140) Earmarks appropriated funds for carrying out first-year actions under the DOD Strategy to Address Low-Level Exposures to Chemical Warfare Agents.

(Sec. 8141) Authorizes DOD to enter into agreements with the Department of Veterans Affairs and federally-funded health agencies who provide services to Native Hawaiians to establish a partnership similar to the Alaska Federal Health Care Partnership in order to maximize Federal resources in the provision of health care services by federally-funded health agencies, applying telemedicine technologies. Requires DOD to develop a consultation policy with Native Hawaiians to further such goals.

(Sec. 8142) Prohibits funds from being made available for reconstruction activities in the Republic of Serbia as long as Slobodan Milosevic remains President of Yugoslavia.

(Sec. 8143) Earmarks specified O&M funds for a grant to the United Service Organizations.

(Sec. 8144) Prohibits funds from this Act from being used to initiate a multiyear procurement contract for the M1A2 Tank upgrade program until 30 days after the Army has reported to Congress describing efforts to reduce program costs.

(Sec. 8145) Requires a specified certification from the Secretary of the Air Force prior to the multi-year authority for the C-17 aircraft (granted in this Act).

(Sec. 8146) Appropriates funds for the F-22 aircraft program, with specified limitations on the allocation of such funds within the program. Requires certain program certification. Prohibits any funds appropriated for Air Force research or procurement from being used to acquire more than 17 flight-capable test vehicles for such program. Requires certain testing and certification prior to the Secretary of the Air Force awarding a full funding contract for low-rate initial production of the F-22.

(Sec. 8147) Appropriates funds for: (1) F-22 program termination liability or other program contractual requirements in lieu of termination liability; and (2) a grant to the High Desert Partnership in Academic Excellence Foundation, Inc., for a standards and performance based academic model at schools administered by the Department of Defense Education Activity.

(Sec. 8149) Prohibits funds from this Act from being used to pay environmental fines or penalties imposed against DOD or a military department unless the payment has been specifically authorized by law.

(Sec. 8151) Earmarks funds for assistance to public school systems that have unusually high concentrations of special needs military dependents enrolled.

(Sec. 8155) Authorizes the Secretary of the Air Force to convey to Indian tribes in North Dakota, South Dakota, Montana, and Minnesota excess relocatable military housing units from Grand Forks and Minot Air Force Base.

(Sec. 8156) Earmarks funds for: (1) certain costs under an agreement between DOD and the Israeli Ministry of Defense for the Arrow Deployability Program; and (2) a community retraining, reinvestment, and manufacturing initiative to be conducted by an academic consortia in conjunction with existing programs in manufacturing and retraining.

(Sec. 8159) Requires a report from the Secretary to the defense committees on the management of the chemical weapons demilitarization program.

(Sec. 8160) Authorizes all military construction projects for which funds were appropriated under the Military Construction Appropriations Act, 2000.

(Sec. 8162) Establishes the Dwight D. Eisenhower Memorial Commission to consider and formulate plans for a permanent memorial. Appropriates Commission funds.

(Sec. 8163) Authorizes the Secretary of the Air Force to accept contributions from the State of New York for a previously authorized military construction project at the Rome Research Site, Rome, New York. Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 2000 to increase the amount authorized for such project.

(Sec. 8165) Directs the Secretary to report to the defense committees assessing the requirements, plans, and resources needed to maintain, update, modernize, restore, and expand the DOD fleet of specialized aircraft and related equipment commonly described as low density, high demand assets.

(Sec. 8166) Earmarks funds for: (1) a grant to the Chicago Public Schools for conversion and expansion of the former Eighth Regiment National Guard Armory (Bronzeville); and (2) construction of an Army aviation support facility at West Bend, Wisconsin.

(Sec. 8168) Authorizes the Secretary of the Air Force to carry out at Brooks Air Force Base, Texas, a Base Efficiency Project to improve mission effectiveness and reduce the cost of providing quality installation support at such Base. Authorizes the Secretary, as part of such Project, to convert services currently performed by military personnel or civilian DOD employees to services performed by contract or otherwise. Provides lease and property disposal authority in connection with the Project. Establishes the Base Efficiency Project Fund for the deposit of rents, lease proceeds, and any other funds received under the Project. Provides authorized Fund uses. Requires annual reports from such Secretary to Congress on Base transactions. Terminates on September 30, 2004, the authority to enter into any lease or other agreement in connection with the Project.

(Sec. 8169) Reduces by specified amounts the total amount appropriated in this Act, such reductions to be realized from reductions in various O&M and procurement accounts. Provides that, of the unobligated amounts made available under title II of the 1999 Emergency Supplemental Appropriations Act, corresponding amounts shall be made available only for: (1) depot level maintenance and repair; (2) spare and repair parts for the maintenance of weapons systems and related equipment; and (3) base operations support costs at DOD facilities.

(Sec. 8172) Reduces by $356.4 million the total amount appropriated in this Act, to reflect savings available as a result of the increased procurement of munitions resulting from funds made available in title II of the 1999 Emergency Supplemental Appropriations Act.

(Sec. 8173) Reduces by specified amounts funds available for specified O&M accounts under this Act, provided that the entire amount: (1) shall be available only to the extent that an official budget request for $7.2 billion, which includes designation of such amount as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), is transmitted by the President to Congress; and (2) is designated by Congress as an emergency requirement.

(Sec. 8174) Prohibits funds appropriated or otherwise available by this Act from being used for the American Heritage Rivers Initiative.

(Sec. 8175) Requires DOD to: (1) make progress payments within specified periods; and (2) make adjustments in payment procedures and policies to ensure that payments are made no less than 29 days after receipt of a proper invoice.

Title IX: Waiver of Certain Sanctions Against India and Pakistan - Authorizes the President, in the national security interest, to waive the application of certain nuclear proliferation sanctions that would otherwise arise under the Arms Export Control Act (contained in provisions concerning nuclear enrichment transfers, nuclear reprocessing transfers, illegal exports for nuclear explosive devices, transfers of nuclear explosive devices, and nuclear detonations), the Export Import Bank Act of 1945, or the Foreign Assistance Act of 1961 against India and Pakistan. Terminates such waiver authority with respect to either of such countries if that country detonates a nuclear explosive device after the date of enactment of this Act or otherwise takes an action reportable by the President under the above Acts. Expresses the sense of Congress that: (1) the broad application of export controls to nearly 300 Indian and Pakistani entities (entities) as part of the export control list is inconsistent with national security interests and needs refinement; and (2) export controls should be applied only to those entities that make direct and material contribution to weapons of mass destruction and missile programs and only to those items that can contribute to such programs. Requires a report from the President to the appropriate congressional committees listing those entities whose activities contribute to such programs. Repeals, effective October 21, 1999, the India-Pakistan Relief Act.