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 - Department of Defense

Title IX: Military Land Withdrawals

Chapter 1: Renewal of Military Land Withdrawals

Chapter 2: McGregor Land Withdrawal

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 fun ds 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, 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; and (7) 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 and for National Guard and reserve equipment.

Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 2000 for research, development, test, and evaluation 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 (including a transfer of funds).

Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Department of Defense (DOD) medical and health care programs; (2) the Armed Forces Retirement Home; (3) the destruction of lethal chemical agents and munitions; (4) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (5) 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 - Department of Defense - 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, MLRS Rocket Launcher, Abrams M1A2 upgrade, Bradley M2A3 vehicle, 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. 8072) 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. 8073) 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. 8074) Directs 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. 8078) Authorizes the use of DOD O&M funds in support of U.S. missions and with eligible organizations and activities outside of DOD.

(Sec. 8081) Directs the Secretary, upon the enactment of this Act, to make specified transfers between various DOD accounts.

(Sec. 8083) 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. 8088) 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. 8091) Reduces by $452.1 million the total amount appropriated in this Act to reflect savings from revised economic assumptions, to be allocated among various DOD accounts.

(Sec. 8092) 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. 8093) Authorizes the Secretary to distribute surplus DOD dental equipment to Indian health service facilities and federally-qualified health centers.

(Sec. 8094) Reduces the total amount appropriated in this Act by: (1) $209.3 million, to reflect savings from the pay of civilian personnel; (2) $206.6 million, to reflect savings from favorable foreign currency fluctuations; and (3) $250.3 million, to reflect savings from reductions in the price of bulk fuel. Allocates such savings among various DOD O&M accounts.

(Sec. 8098) Makes Navy-appropriated funds available for the replacement of certain lost and canceled checks.

(Sec. 8099) 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. 8100) 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. 8101) Reduces by over $1.8 billion the total amount appropriated under this Act for military personnel, to reflect amounts appropriated in H.R. 1141, as enacted.

(Sec. 8104) Earmarks specified O&M funds for combating terrorism inside and outside the United States. Requires each budget to separately state the amount requested for such activities.

(Sec. 8106) Authorizes the Secretary of the Air Force to negotiate leases for operational support aircraft.

(Sec. 8107) Amends the Communications Act of 1934 to repeal a requirement that the Federal Communications Commission (FCC) not begin to 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 from the Director of the Office of Management and Budget and from the FCC with respect to such bidding process.

(Sec. 8108) Reduces by $3.1 billion the total amount appropriated under titles II and III of this Act, to reflect certain supplemental appropriations provided under Public Law 106-31.

(Sec. 8109) 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. 8110) Appropriates funds for the Army Test Ranges and Facilities program element.

(Sec. 8111) Transfers from the Navy to DOD the Joint Warfighting Experimentation Program.

(Sec. 8112) Appropriates funds to DOD for a grant to the American Red Cross for armed forces emergency services.

(Sec. 8113) Appropriates funds for U-2 cockpit modifications.

(Sec. 8114) 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. 8115) Earmarks appropriated funds for: (1) the 3-D advanced track acquisition and imaging system; (2) electronic propulsion systems; (3) a ground processing station to support a tropical remote sensing radar; (4) reducing pollution associated with industrial manufacturing waste systems; (5) depot overhaul of the Close In Weapon System; (6) prototyping and testing a water distributor for a certain Army pallet-loading system; (7) alternative missile engine source development; (8) the National Defense Center for Environmental Excellence Pollution Prevention Initiative; (9) a hot gas decontamination facility; (10) establishment of a DOD Center for Medical Informatics; (11) the K-Band Test Obscuration Pairing System; and (12) recombinant vaccine research against biological warfare agents.

(Sec. 8127) Authorizes the Secretary of the Army to convey to Bayonne, New Jersey, all rights and interest to certain firefighting equipment at Military Ocean Terminal in Bayonne.

(Sec. 8128) Earmarks appropriated funds for: (1) basic research on advanced composite materials processing; (2) information warfare vulnerability analysis; (3) the GEO High Resolution Space Object Imaging program; (4) research and development (R&D) of elastin-based artificial tissues and fusion techniques for healing internal injuries; (5) supersonic aircraft noise mitigation R&D; and (6) acquisition workforce training.

(Sec. 8134) 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. 8135) Earmarks appropriated funds for: (1) the Manufacturing Technology Assistance pilot program (2) visual display performance and environmental R&D; (3) the Information System Security Program; and (4) carrying out first-year actions under the DOD Strategy to Address Low-Level Exposures to Chemical Warfare Agents.

(Sec. 8139) Expresses the sense of Congress praising the skill and professionalism displayed by the B-2 bomber personnel of Whiteman Air Force Base, Missouri, in carrying out Operation Allied Force bombings against Yugoslavia.

(Sec. 8140) Earmarks appropriated funds for: (1) U-2 aircraft defensive system modernization; (2) R&D relating to Persian Gulf illnesses; (3) procurement of the F-15A-B data link for the Air National Guard; and (4) the MK-43 machine gun conversion program.

(Sec. 8144) Authorizes the Secretary of the Navy to develop Ford Island, Hawaii, in a manner compatible with the Navy mission, as long as: (1) such Secretary submits to the appropriate congressional committees a master plan for such development; and (2) 30 calendar days have elapsed since such submission. Provides conveyance and lease authorities with respect to such development, requiring the same congressional notification and waiting period. Establishes in the Treasury the Ford Island Improvement Account for development and transaction costs. Prohibits such Secretary from using such funds to acquire, construct, or improve military housing or ancillary support facilities on such Island. Authorizes transfers to the Account from specified military housing funds.

(Sec. 8145) 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. 8146) Earmarks appropriated funds for: (1) R&D on polymer cased ammunition; and (2) a study at the Army Ammunition Plant, Wisconsin, evaluating the cost-effectiveness of various technologies for the demolition and cleanup of facilities contaminated with chemical residue during the production of weapons and ammunition.

(Sec. 8148) Earmarks appropriated funds for: (1) a study of the costs and feasibility of a project to remove ordnance from the Toussaint River; and (2) C-5 aircraft modernization.

(Sec. 8150) Prohibits funds from being made available for reconstruction activities in the Republic of Serbia as long as Slobodan Milosevic remains President of Yugoslavia.

(Sec. 8151) Directs DOD's Office of Net Assessment and the United States Pacific Command to report to Congress addressing certain issues relating to the military balance between Taiwan and mainland China and its effects on U.S. military policy.

(Sec. 8152) Expresses the sense of Congress that: (1) there should be a thorough investigation of the accidental death of a civilian employee of the Navy installation in Vieques, Puerto Rico, and the wounding of four other civilian during a live-ammunition weapons test there; (2) the Secretary should not authorize further live ammunition testing there until certain certifications are made to the defense committees with respect to safety and other aspects of such testing; and (3) the Secretary should advise and consult with the Governor of Puerto Rico on measures being taken to protect civilians in Vieques during such testing.

(Sec. 8153) Earmarks appropriated funds for: (1) Army space control technology; (2) range reconfiguration to accommodate space launch vehicles; (3) the advanced integrated helmet system program; and (4) retrofitting and improving the current inventory of Patriot missiles.

(Sec. 8155) Prohibits funds made available under the Emergency Supplemental Appropriations Act from being used to implement a long- term, regional program of development or reconstruction in Southeastern Europe except pursuant to specific statutory authorization.

(Sec. 8158) 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. 8159) Authorizes the Secretary to waive any domestic source or content requirement and thereby authorize procurements of items that are grown, reprocessed, reused, produced, or manufactured: (1) inside a foreign country the government of which is a party to a reciprocal defense memorandum of understanding with the Secretary; (2) inside the United States or its possessions; or (3) inside the United States or its possessions partly or wholly from components grown, reprocessed, reused, produced, or manufactured outside the United States or its possessions. Allows such a waiver only if the Secretary determines that: (1) the application of such requirement would impede the reciprocal procurement of defense items under an agreement between the United States and such country; and (2) such country does not discriminate against the United States to a greater degree than the United States discriminates against such country in the procurement of defense items.

(Sec. 8160) Increases the amount appropriated for Air Force procurement under this Act for the procurement of four F-15E aircraft. Reduces by a corresponding amount certain other procurement accounts.

(Sec. 8161) Expresses the sense of the Senate that: (1) the United States must continue the investigation of the bombing of Khobar Towers in Saudi Arabia, which killed 19 Air Force personnel and injured hundreds more, until every terrorist involved is identified and held accountable; (2) the FBI, which is conducting the investigation, should report to Congress on its status; and (3) once responsibility is established, the United States must take steps to punish the parties involved.

Title IX: Military Land Withdrawals - Chapter 1: Renewal of Military Land Withdrawals - Military Lands Withdrawal Renewal Act of 1999 - Withdraws from all forms of appropriation under the public land laws specified lands in: (1) Otero County, New Mexico; (2) the Big Delta and Granite Creek Areas, Alaska; and (3) the Fourth Judicial District, Alaska. Reserves all such withdrawn lands for specified military uses. Requires the Secretary of the Interior to publish and file maps and legal descriptions of the withdrawn lands. Directs such Secretary, through the Bureau of Land Management, to manage such withdrawn lands pursuant to the Federal Land Policy and Management Act of 1976 and related Acts. Allows the continuation of prevailing activities on such lands, but makes all nonmilitary uses subject to the military uses. Authorizes the Secretary of the military department concerned to close areas of such lands as necessary for military operations, public safety, or national security.

Directs such Secretary to develop and implement a management plan for each withdrawn area. Requires the Secretary concerned to conduct an analysis of, and report to Congress on, the degree to which the management of such lands conforms to Federal land management laws.

(Sec. 9006) Directs the Secretary concerned to provide for the environmental restoration of such lands.

(Sec. 9007) Authorizes the Secretary concerned to relinquish all or any part of the lands withdrawn, after undertaking appropriate environmental decontamination.

(Sec. 9008) Authorizes the delegation of the authority of the Secretary of the Interior or a military department for actions taken under this title

(Sec. 9009) Outlines provisions, with respect to the withdrawn lands, concerning: (1) water rights; (2) hunting, fishing, and trapping, and (3) mining and mineral leasing authority.

Chapter 2: McGregor Land Withdrawal - McGregor Range Withdrawal Act - Withdraws from all forms of appropriation under the public land laws specified lands in Otero County, New Mexico, and located within the McGregor Range. Directs the Secretary of the Interior to file maps and legal descriptions of the withdrawn lands. Directs the Secretary of the Army to manage the withdrawn lands and to use them for military training and testing. Authorizes such Secretary to close areas as appropriate to conduct such training and testing. Directs the Secretary of the Interior to manage all withdrawn and acquired mineral resources within the boundaries of the McGregor Range. Directs the Secretaries of the Army and the Interior to: (1) jointly develop a natural resources management plan for lands withdrawn under this Chapter; and (2) enter into a memorandum of understanding to implement this Chapter and the management plan.

(Sec. 9057) Terminates such withdrawal 50 years after the date of enactment of this Act, but allows the Secretary of the Army to apply for an extension for continuing military purposes. Authorizes the relinquishment of such lands from the Secretary of the Army to the Secretary of the Interior during the authorized withdrawal period, requiring appropriate land decontamination and remediation. Authorizes the Secretary of the Interior, under appropriate circumstances, to: (1) refuse acceptance of contaminated lands; or (2) revoke the withdrawal authorized under this Chapter.

(Sec. 9059) Authorizes the delegation of the authority of the Secretaries of the Army and the Interior under this Chapter.

Title X: Suspension of Certain Sanctions Against India and Pakistan - Suspends 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) or the Export Import Bank Act of 1945 against India and Pakistan for a five-year period. Waives with respect to such countries the imposition of a specified sanction arising prior to enactment of this Act that would deny any license for the export of any dual-use article or technology that would not contribute directly to missile development or to a nuclear weapons program. Authorizes the waiver of restrictions on assistance to such countries mandated under the Arms Export Control Act if the President determines that such restrictions would not be in the national security interest. Expresses the sense of the Senate that: (1) no waiver should be granted with respect to any party that initiates or supports activities that jeopardize peace and security in Jammu and Kashmir; (2) 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 (3) 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 congressional foreign relations committees listing those entities whose activities contribute to such programs. Authorizes the President to renew the suspension of such sanctions after the five-year period, after certifying to such committees that it is in the national security interest to do so.