(including transfer of funds)

(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 113 STAT. 1272required 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 FUND” 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 United States 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) Resolution of Housing Unit Conflicts.—The Operation Walking Shield program shall resolve any conflicts among request of Indian tribes for housing units under subsection (a) before 113 STAT. 1273submitting 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; 25 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 section should be construed as congressional direction to liquidate or pay any claims that otherwise would not have been adjudicated in favor of the claimant. Sec. 8158. Of the funds appropriated in title II of this Act under the heading “Operation and Maintenance, Defense-Wide”, $8,000,000 shall be available only for a community retraining, reinvestment, and manufacturing initiative to be conducted by an academic consortia with existing programs in manufacturing and retraining: Provided, That the $8,000,000 made available in this section shall be obligated by grant not later than 15 days after the enactment of this Act. Sec. 8159. (a) Report Required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the management of the chemical weapons demilitarization program. (b) Report Elements.—The report under subsection (a) shall include the following: (1) A description and assessment of the current management structure of the chemical weapons demilitarization program, including the management of the assembled chemical weapons assessment (ACWA) program. (2) An assessment of the feasibility and advisability for the management of the chemical weapons demilitarization program of the assignment of a panel for oversight of the management of program, which panel would— (A) consist of officials of the Department of Defense and of other departments and agencies of the Federal Government having an interest in the safe and timely demilitarization of chemical weapons; and (B) prepare annual reports on the schedule, cost, and effectiveness of the program.113 STAT. 1274 (3) Any other matters relating to the management of the chemical weapons demilitarization program, including the improvement of the management of the program, that the Secretary considers appropriate. Sec. 8160. Notwithstanding any other provision of law, all military construction projects for which funds were appropriated in Public Law 106–52 are hereby authorized. Sec. 8161. The Secretary of Defense may treat the opening of the National D-Day Museum in New Orleans, Louisiana, as an official event of the Department of Defense for the purposes of the provision of support for ceremonies and activities related to that opening. Sec. 8162. Dwight D. Eisenhower Memorial. (a) Findings.—Congress finds that— (1) the people of the United States feel a deep debt of gratitude to Dwight D. Eisenhower, who served as Supreme Commander of the Allied Forces in Europe in World War II and subsequently as 34th President of the United States; and (2) an appropriate permanent memorial to Dwight D. Eisenhower should be created to perpetuate his memory and his contributions to the United States. (b) Commission.—There is established a commission to be known as the “Dwight D. Eisenhower Memorial Commission” (referred to in this section as the “Commission”). (c) Membership.—The Commission shall be composed of— (1) four persons appointed by the President, not more than two of whom may be members of the same political party; (2) four Members of the Senate appointed by the President Pro Tempore of the Senate in consultation with the Majority Leader and Minority Leader of the Senate, of which not more than two appointees may be members of the same political party; and (3) four Members of the House of Representatives appointed by the Speaker of the House of Representatives in consultation with the Majority Leader and Minority Leader of the House of Representatives, of which not more than two appointees may be members of the same political party. (d) Chair and Vice Chair.—The members of the Commission shall select a Chair and Vice Chair of the Commission. The Chair and Vice Chair shall not be members of the same political party. (e) Vacancies.—Any vacancy in the Commission shall not affect its powers if a quorum is present, but shall be filled in the same manner as the original appointment. (f) Meetings.— (1) Initial meeting.—Not later than 45 days after the date on which a majority of the members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.—The Commission shall meet at the call of the Chair. (g) Quorum.—A majority of the members of the Commission shall constitute a quorum but a lesser number of members may hold hearings. (h) No Compensation.—A member of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission.113 STAT. 1275 (i) Duties.—The Commission shall consider and formulate plans for such a permanent memorial to Dwight D. Eisenhower, including its nature, design, construction, and location. (j) Powers.—The Commission may— (1) make such expenditures for services and materials for the purpose of carrying out this section as the Commission considers advisable from funds appropriated or received as gifts for that purpose; (2) accept gifts to be used in carrying out this section or to be used in connection with the construction or other expenses of the memorial; and (3) hold hearings, enter into contracts for personal services and otherwise, and do such other things as are necessary to carry out this section. (k) Reports.—The Commission shall— (1) report the plans under subsection (i), together with recommendations, to the President and the Congress at the earliest practicable date; and (2) in the interim, make annual reports on its progress to the President and the Congress. (l) Applicability of Other Laws.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (m) Appropriation of Funds.—In addition to amounts provided elsewhere in this Act, there is appropriated to the Commission $300,000, to remain available until expended. Sec. 8163. (a) The Secretary of the Air Force may accept contributions from the State of New York for the project at Rome Research Site, Rome, New York authorized in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2000, for purposes of carrying out military construction relating to the consolidation of Air Force Research Laboratory facilities at the Rome Research Site, Rome, New York. Any contributions received from the State of New York shall be in addition to the funds authorized for the project in section 2304(a)(1) of the National Defense Authorization Act for Fiscal Year 2000. (b) The item for “New York, Rome Research Site”, in the table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2000 is amended by striking “12,800,000” and inserting “25,800,000”. Sec. 8164. Chapter 1 of title I of division B of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277; 112 Stat. 2681–553) is amended in the paragraph under the heading “Operation and Maintenance, Defense-Wide” by inserting before the period at the end the following: “: Provided further, That an amount not to exceed $75,000,000 of the funds provided under this heading shall remain available without fiscal year limitation after transfer from this account: Provided further, That, notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer the funds referred to in the immediately preceding proviso to other activities of the Federal Government pursuant to section 1535 of title 31, United States Code (referred to as the ‘Economy Act’)”. Sec. 8165. Review of Low Density, High Demand Assets. (a) Report to Congressional Defense Committees.—The Secretary of Defense shall submit to the congressional defense committees a report assessing the requirements, plans, and resources needed to maintain, update, modernize, restore, and expand the 113 STAT. 1276Department of Defense fleet of specialized aircraft and related equipment commonly described as “Low Density, High Demand Assets”. The report shall be submitted no later than May 15, 2000 and shall be submitted in both classified and unclassified versions. (b) Assets to be Covered.—The report shall cover the following aircraft and equipment: (1) Electronic warfare aircraft and specialized jamming equipment. (2) Intelligence, surveillance, and reconnaissance (ISR) platforms and major systems, including— (A) U–2 aircraft; (B) AWACS aircraft; (C) JSTARS aircraft; (D) RIVET JOINT aircraft; (E) tactical unmanned aerial vehicles (UAVs); (F) interoperable/secure communications; (G) command and control systems; (H) new data links; and (I) data fusion capability. (3) Strategic and tactical airlift aircraft. (4) Aerial refueling aircraft. (5) Strategic bomber aircraft. (c) Report Elements.—The report shall include for each asset specified in subsection (b) the following: (1) A description of— (A) inventory, age, capabilities, current deficiencies, usage rates, current and remaining service life, and expected rates of fatigue; (B) ability to provide logistical support; (C) planned replacement dates; and (D) number of sorties, percentage of inventory used, and overall effectiveness in Operation Desert Fox and in Operation Allied Force. (2) A comparison of the Department’s plans and resource requirements to update, replace, modernize, or restore the asset as contained in the Future Years Defense Plan for fiscal year 2000 with those plans and resource requirements for that asset as contained in the Future Years Defense Plan for fiscal year 2001, and an explanation for any significant difference in those plans and requirements. (3) A detailed fisting, by fiscal year, of— (A) the total amount required to fulfill mission needs statements and documented inventory objectives for the asset in order to improve critical warfighting capabilities over the next 10 years; and (B) of that total amount for each such year, the portion (stated as an amount and as a percentage) that is not included in the fiscal year 2001 Future Years Defense Plan. Sec. 8166. Of the funds appropriated in title II of this Act under the heading “Operation and Maintenance, Army”, $5,000,000 shall be available only for a grant to the Chicago Public Schools for conversion and expansion of the former Eighth Regiment National Guard Armory (Bronzeville). Sec. 8167. Notwithstanding any other provision of law, $10,000,000, is hereby appropriated and authorized for “Military 113 STAT. 1277Construction, Army National Guard”, to remain available until September 30, 2004, for construction, and, contributions therefor, of an Army Aviation Support Facility at West Bend, Wisconsin. Sec. 8168. (a) Purpose.—The purpose of this section is to evaluate and demonstrate methods for more efficient operation of military installations through improved capital asset management and greater reliance on the public or private sector for less-costly base support services, where available. (b) Authority.—(1) The Secretary of the Air Force may carry out at Brooks Air Force Base, Texas, a demonstration project to be known as the “Base Efficiency Project” to improve mission effectiveness and reduce the cost of providing quality installation support at Brooks Air Force Base. (2) The Secretary may carry out the Project in consultation with the Community to the extent the Secretary determines such consultation is necessary and appropriate. (3) The authority provided in this section is in addition to any other authority vested in or delegated to the Secretary, and the Secretary may exercise any authority or combination of authorities provided under this section or elsewhere to carry out the purposes of the Project. (c) Efficient Practices.—(1) The Secretary may convert services at or for the benefit of the Base from accomplishment by military personnel or by Department civilian employees (appropriated fund or non-appropriated fund), to services performed by contract or provided as consideration for the lease, sale, or other conveyance or transfer of property. (2) Notwithstanding section 2462 of title 10, United States Code, a contract for services may be awarded based on “best value” if the Secretary determines that the award will advance the purposes of a joint activity conducted under the Project and is in the best interest of the Department. (3) Notwithstanding that such services are generally funded by local and State taxes and provided without specific charge to the public at large, the Secretary may contract for public services at or for the benefit of the Base in exchange for such consideration, if any, the Secretary determines to be appropriate. (4)(A) The Secretary may conduct joint activities with the Community, the State, and any private parties or entities on or for the benefit of the Base. (B) Payments or reimbursements received from participants for their share of direct and indirect costs of joint activities, including the costs of providing, operating, and maintaining facilities, shall be in an amount and type determined to be adequate and appropriate by the Secretary. (C) Such payments or reimbursements received by the Department shall be deposited into the Project Fund. (d) Lease Authority.—(1) The Secretary may lease real or personal property located on the Base and not required at other Air Force installations to any lessee upon such terms and conditions as the Secretary considers appropriate and in the interest of the United States, if the Secretary determines that the lease would facilitate the purposes of the Project. (2) Consideration for a lease under this subsection shall be determined in accordance with subsection (g). (3) A lease under this subsection—113 STAT. 1278 (A) may be for such period as the Secretary determines is necessary to accomplish the goals of the Project; and (B) may give the lessee the first right to purchase the property at fair market value if the lease is terminated to allow the United States to sell the property under any other provision of law. (4)(A) The interest of a lessee of property leased under this subsection may be taxed by the State or the Community. (B) A lease under this subsection shall provide that, if and to the extent that the leased property is later made taxable by State governments or local governments under Federal law, the lease shall be renegotiated. (5) The Department may furnish a lessee with utilities, custodial services, and other base operation, maintenance, or support services performed by Department civilian or contract employees, in exchange for such consideration, payment, or reimbursement as the Secretary determines appropriate. (6) All amounts received from leases under this subsection shall be deposited into the Project Fund. (7) A lease under this subsection shall not be subject to the following provisions of law: (A) Section 2667 of title 10, United States Code, other than subsection (b)(1) of that section. (B) Section 321 of the Act of June 30, 1932 (40 U.S.C. 303b). (C) The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (e) Property Disposal.—(1) The Secretary may sell or otherwise convey or transfer real and personal property located at the Base to the Community or to another public or private party during the Project, upon such terms and conditions as the Secretary considers appropriate for purposes of the Project. (2) Consideration for a sale or other conveyance or transfer of property under this subsection shall be determined in accordance with subsection (g). (3) The sale or other conveyance or transfer of property under this subsection shall not be subject to the following provisions of law: (A) Section 2693 of title 10, United States Code. (B) The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (4) Cash payments received as consideration for the sale or other conveyance or transfer of property under this subsection shall be deposited into the Project Fund. (f) Leaseback of Property Leased or Disposed.—(1) The Secretary may lease, sell, or otherwise convey or transfer real property at the Base under subsections (b) and (e), as applicable, which will be retained for use by the Department or by another military department or other Federal agency, if the lessee, purchaser, or other grantee or transferee of the property agrees to enter into a leaseback to the Department in connection with the lease, sale, or other conveyance or transfer of one or more portions or all of the property leased, sold, or otherwise conveyed or transferred, as applicable. (2) A leaseback of real property under this subsection shall be an operating lease for no more than 20 years unless the Secretary of the Air Force determines that a longer term is appropriate.113 STAT. 1279 (3)(A) Consideration, if any, for real property leased under a leaseback entered into under this subsection shall be in such form and amount as the Secretary considers appropriate. (B) The Secretary may use funds in the Project Fund or other funds appropriated or otherwise available to the Department for use at the Base for payment of any such cash rent. (4) Notwithstanding any other provision of law, the Department or other military department or other Federal agency using the real property leased under a leaseback entered into under this subsection may construct and erect facilities on or otherwise improve the leased property using funds appropriated or otherwise available to the Department or other military department or other Federal agency for such purpose. (g) Consideration.—(1) The Secretary shall determine the nature, value, and adequacy of consideration required or offered in exchange for a lease, sale, or other conveyance or transfer of real or personal property or for other actions taken under the Project. (2) Consideration may be in cash or in-kind or any combination thereof. In-kind consideration may include the following: (A) Real property. (B) Personal property. (C) Goods or services, including operation, maintenance, protection, repair, or restoration (including environmental restoration) of any property or facilities (including non-appropriated fund facilities). (D) Base operating support services. (E) Improvement of Department facilities. (F) Provision of facilities, including office, storage, or other usable space, for use by the Department on or off the Base. (G) Public services. (3) Consideration may not be for less than the fair market value. (h) Project Fund.—(1) There is established on the books of the Treasury a fund to be known as the “Base Efficiency Project Fund” into which all cash rents, proceeds, payments, reimbursements, and other amounts from leases, sales, or other conveyances or transfers, joint activities, and all other actions taken under the Project shall be deposited. All amounts deposited into the Project Fund are without fiscal year limitation. (2) Amounts in the Project Fund may be used only for operation, base operating support services, maintenance, repair, or improvement of Department facilities, payment of consideration for acquisitions of interests in real property (including payment of rentals for leasebacks), and environmental protection or restoration, in addition to or in combination with other amounts appropriated for these purposes. (3) Subject to generally prescribed financial management regulations, the Secretary shall establish the structure of the Project Fund and such administrative policies and procedures as the Secretary considers necessary to account for and control deposits into and disbursements from the Project Fund effectively. (4) All amounts in the Project Fund shall be available for use for the purposes authorized in paragraph (2) at the Base. (i) Federal Agencies.—(1)(A) Any Federal agency, its contractors, or its grantees shall pay rent, in cash or services, for the 113 STAT. 1280use of facilities or property at the Base, in an amount and type determined to be adequate by the Secretary. (B) Such rent shall generally be the fair market rental of the property provided, but in any case shall be sufficient to compensate the Base for the direct and overhead costs incurred by the Base due to the presence of the tenant agency on the Base. (4) Transfers of real or personal property at the Base to other Federal agencies shall be at fair market value consideration. Such consideration may be paid in cash, by appropriation transfer, or in property, goods, or services. (5) Amounts received from other Federal agencies, their contractors, or grantees, including any amounts paid by appropriation transfer, shall be deposited in the Project Fund. (j) Reports to Congress.—(1) Section 2662 of title 10, United States Code, shall not apply to transactions at the Base during the Project. (2)(A) Not later than March 1 each year, the Secretary shall submit to the appropriate committees of the Congress a report on any transactions at the Base during the preceding fiscal year that would be subject to such section 2662. (B) The report shall include a detailed cost analysis of the financial savings and gains realized through joint activities and other actions under the Project authorized by this section and a description of the status of the Project. (k) Limitation.—None of the authorities in this section shall create any legal rights in any person or entity except rights embodied in leases, deeds, or contracts. (l) Expiration of Authority.—The authority to enter into a lease, deed, permit, license, contract, or other agreement under this section shall expire on September 30, 2004. (m) Definitions.—In this section: (1) The term “Project” means the Base Efficiency Project authorized by this section. (2) The term “Base” means Brooks Air Force Base, Texas. (3) The term “Community” means the City of San Antonio, Texas. (4) The term “Department” means the Department of the Air Force. (5) The term “facility” means a building, structure, or other improvement to real property (except a military family housing unit as that term is used in subchapter IV of chapter 169 of title 10, United States Code). (6) The term “joint activity” means an activity conducted on or for the benefit of the Base by the Department, jointly with the Community, the State, or any private entity, or any combination thereof. (7) The term “Project Fund” means the Base Efficiency Project Fund established by subsection (h). (8) The term “public services” means public services (except public schools, fire protection, and police protection) that are ed by local and State taxes and provided without specific charge to the public at large. (9) The term “Secretary” means the Secretary of the Air Force or the Secretary’s designee, who shall be a civilian official of the Department appointed by the President with the advice and consent of the Senate. (10) The term “State” means the State of Texas.113 STAT. 1281 (n) The authorities provided in this section shall not take effect until June 15, 2000. Sec. 8169. Notwithstanding any other provision of this Act, the total amount appropriated in this Act is hereby reduced by $400,000,000, to be distributed as follows: “Operation and Maintenance, Army”, $115,000,000; “Operation and Maintenance, Navy”, $150,000,000; “Operation and Maintenance, Marine Corps”, $20,000,000; and “Operation and Maintenance, Air Force”, $115,000,000: Provided, That of the unobligated amounts made available in section 2008 of title II, chapter 3 of Public Law 106–31, $400,000,000 shall be made available only for depot level maintenance and repair, as follows: “Operation and Maintenance, Army”, $115,000,000; “Operation and Maintenance, Navy”, $150,000,000; “Operation and Maintenance, Marine Corps”, $20,000,000; and “Operation and Maintenance, Air Force”, $115,000,000. Sec. 8170. Notwithstanding any other provision of this Act, the total amount appropriated in this Act is hereby reduced by $550,000,000, to be distributed as follows: “Operation and Maintenance, Army”, $170,000,000; “Operation and Maintenance, Navy”, $170,000,000; “Operation and Maintenance, Marine Corps”, $40,000,000; and “Operation and Maintenance, Air Force”, $170,000,000: Provided, That of the unobligated amounts made available in section 2007 of title II, chapter 3 of Public Law 106–31, $550,000,000 shall be made available only for spare and repair parts and associated logistical support necessary for the maintenance of weapons systems and equipment, as follows: “Operation and Maintenance, Army”, $170,000,000; “Operation and Maintenance, Navy”, $170,000,000; “Operation and Maintenance, Marine Corps”, $40,000,000; and “Operation and Maintenance, Air Force”, $170,000,000. Sec. 8171. Notwithstanding any other provision of this Act, the total amount appropriated in this Act is hereby reduced by $100,000,000, to be distributed as follows: “Operation and Maintenance, Army”, $60,000,000; “Operation and Maintenance, Navy”, $20,000,000; and “Operation and Maintenance, Air Force”, $20,000,000: Provided, That of the unobligated amounts made available in section 2011 of title II, chapter 3 of Public Law 106–31, $100,000,000 shall be made available only for base operations support costs at Department of Defense facilities, as follows: “Operation and Maintenance, Army”, $60,000,000; “Operation and Maintenance, Navy”, $20,000,000; and “Operation and Maintenance, Air Force”, $20,000,000. Sec. 8172. Notwithstanding any other provision of this Act, the total amount appropriated in this Act is hereby reduced by $356,400,000, to be distributed as follows: “Weapons Procurement, Navy”, $50,900,000; “Procurement of Ammunition, Navy and Marine Corps”, $113,500,000; “Aircraft Procurement, Air Force”, $20,800,000; and113 STAT. 1282 “Procurement of Ammunition, Air Force”, $171,200,000: Provided, That the Secretary of Defense shall allocate these reductions to reflect savings available as a result of the increased procurement of munitions resulting from funds made available in title II, chapter 3 of Public Law 106–31. Sec. 8173. (a) Notwithstanding any other provision of this Act, amounts otherwise provided by tins Act in title II for the following accounts and activities are reduced by the following amounts: “Operation and Maintenance, Army”, $1,572,947,000; “Operation and Maintenance, Navy”, $1,874,598,000; “Operation and Maintenance, Marine Corps”, $228,709,000; “Operation and Maintenance, Air Force”, $1,707,150,000; “Operation and Maintenance, Defense-Wide”, $939,341,000; “Operation and Maintenance, Army Reserve”, $120,072,000; “Operation and Maintenance, Navy Reserve”, $77,598,000; “Operation and Maintenance, Marine Corps Reserve”, $11,346,000; “Operation and Maintenance, Air Force Reserve”, $145,393,000; “Operation and Maintenance, Army National Guard”, $258,115,000; “Operation and Maintenance, Air National Guard”, $264,731,000; in all: $7,200,000,000. (b) In addition to amounts appropriated elsewhere in this Act there are hereby appropriated the following amounts for the following accounts: “Operation and Maintenance, Army”, $1,572,947,000; “Operation and Maintenance, Navy”, $1,874,598,000; “Operation and Maintenance, Marine Corps” $228,709,000; “Operation and Maintenance, Air Force”, $1,707,150,000; “Operation and Maintenance, Defense-Wide”, $939,341,000; “Operation and Maintenance, Army Reserve”, $120,072,000; “Operation and Maintenance, Navy Reserve”, $77,598,000; “Operation and Maintenance, Marine Corps Reserve”, $11,346,000; “Operation and Maintenance, Air Force Reserve”, $145,393,000; “Operation and Maintenance, Army National Guard”, $258,115,000; “Operation and Maintenance, Air National Guard”, $264,731,000; in all; $7,200,000,000: Provided, That the entire amount shall be available only to the extent an official budget request for $7,200,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act. Sec. 8174. None of the funds appropriated or otherwise made available in this Act may be used for the American Heritage Rivers Initiative.113 STAT. 1283 Sec. 8175. Notwithstanding any other provision of law, the Department of Defense shall make progress payments based on progress no less than 12 days after receiving a valid billing and the Department of Defense shall make progress payments based on cost no less than 19 days after receiving a valid billing. Sec. 8176. Notwithstanding any other provision of law, the Department of Defense shall make adjustments in payment procedures and policies to ensure that payments are made no less than 29 days after receipt of a proper invoice.