(rescissions)

(rescissions) Sec. 8090. Of the funds provided in the Department of Defense Appropriations Act, 1999 (Public Law 105–262), $452,100,000, to reflect savings from revised economic assumptions, is hereby rescinded as of the date of the enactment of this Act, or October 1, 1999, whichever is later, from the following accounts in the specified amounts: “Aircraft Procurement, Army”, $8,000,000; “Missile Procurement, Army”, $7,000,000; “Procurement of Weapons and Tracked Combat Vehicles, Army”, $9,000,000; “Procurement of Ammunition, Army”, $6,000,000; “Other Procurement, Army”, $19,000,000; “Aircraft Procurement, Navy”, $44,000,000; “Weapons Procurement, Navy”, $8,000,000; “Procurement of Ammunition, Navy and Marine Corps”, $3,000,000; “Shipbuilding and Conversion, Navy”, $37,000,000; “Other Procurement, Navy”, $23,000,000; “Procurement, Marine Corps”, $5,000,000; “Aircraft Procurement, Air Force”, $46,000,000; “Missile Procurement, Air Force”, $14,000,000; “Procurement of Ammunition, Air Force”, $2,000,000; “Other Procurement, Air Force”, $44,400,000; “Procurement, Defense-Wide”, $5,200,000; “Chemical Agents and Munitions Destruction, Army”, $5,000,000; “Research, Development, Test and Evaluation, Army”, $20,000,000; “Research, Development, Test and Evaluation, Navy”, $40,900,000; “Research, Development, Test and Evaluation, Air Force”, $76,900,000; and113 STAT. 1253 “Research, Development, Test and Evaluation, Defense-Wide”, $28,700,000: Provided, That these reductions shall be applied proportionally to each budget activity, activity group and subactivity group and each program, project, and activity within each appropriation account. Sec. 8091. The budget of the President for fiscal year 2001 submitted to the Congress pursuant to section 1105 of title 31, United States Code, and each annual budget request thereafter, shall include budget activity groups (known as “subactivities”) in all appropriations accounts provided in this Act, as may be necessary, to separately identify all costs incurred by the Department of Defense to support the North Atlantic Treaty Organization and all Partnership For Peace programs and initiatives. The budget justification materials submitted to the Congress in support of the budget of the Department of Defense for fiscal year 2001, and subsequent fiscal years, shall provide complete, detailed estimates for all such costs. Sec. 8092. None of the funds made available in this Act may be used to approve or license the sale of the F–22 advanced tactical fighter to any foreign government. Sec. 8093. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country. (b) Subsection (a) applies with respect to— (1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and (2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a). (c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of the Harmonized Tariff Schedule and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. (d) None of the funds appropriated or otherwise provided for the Department of Defense in this or any other Act for any fiscal year may be obligated or expended for procurement of a nuclear-capable shipyard crane from a foreign source. Subsection (a) does not apply to the limitation in the preceding sentence. Sec. 8094. Funds made available to the Civil Air Patrol in this Act under the heading “Drug Interdiction and Counter-Drug Activities, Defense” may be used for the Civil Air Patrol Corporation’s counterdrug program, including its demand reduction program involving youth programs, as well as operational and training 113 STAT. 1254drug reconnaissance missions for Federal, State, and local government agencies; for administrative costs, including the hiring of Civil Air Patrol Corporation employees; for travel and per diem expenses of Civil Air Patrol Corporation personnel in support of those missions; and for equipment needed for mission support or performance: Provided, That of these funds, $300,000 shall be made available to establish and operate a distance learning program: Provided further, That the Department of the Air Force should waive reimbursement from the Federal, State, and local government agencies for the use of these funds. Sec. 8095. Notwithstanding any other provision of law, the TRICARE managed care support contracts in effect, of in final stages of acquisition as of September 30, 1999, may be extended for 2 years: Provided, That any such extension may only take place if the Secretary of Defense determines that it is in the best interest of the Government: Provided further, That any contract extension shall be based on the price in the final best and final offer for the last year of the existing contract as adjusted for inflation and other factors mutually agreed to by the contractor and the Government: Provided further, That notwithstanding any other provision of law, all future TRICARE managed care support contracts replacing contracts in effect, or in the final stages of acquisition as of September 30, 1999, may include a base contract period for transition and up to seven 1-year option periods. Sec. 8096. None of the funds in this Act may be used to compensate an employee of the Department of Defense who initiates a new start program without notification to the Office of the Secretary of Defense, the Office of Management and Budget, and the congressional defense committees, as required by Department of Defense financial management regulations. Sec. 8097. In addition to the amounts provided elsewhere in this Act, notwithstanding any other provision of law, $5,000,000 is hereby appropriated to the Office of the Secretary of Defense, and is available only for a grant to the Women in Military Service for America Memorial Foundation, Inc., only for costs associated with completion of the “Women in Military Service For America” memorial at Arlington National Cemetery. Sec. 8098. Training and Other Programs. (a) Prohibition.—None of the funds made available by this Act may be used to support any training program involving a unit of the security forces of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. (b) Monitoring.—The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces. (c) Waiver.—The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if he determines that such waiver is required by extraordinary circumstances. (d) Report.—Not more than 15 days after the exercise of any waiver under subsection (c), the Secretary of Defense shall submit a report to the congressional defense committees describing the 113 STAT. 1255extraordinary circumstances, the purpose and duration of the training program, the United States forces and the foreign security forces involved in the training program, and the information relating to human rights violations that necessitates the waiver. Sec. 8099. The Secretary of Defense, in coordination with the Secretary of Health and Human Services, may carry out a program to distribute surplus dental equipment of the Department of Defense, at no cost to the Department of Defense, to Indian health service facilities and to federally-qualified health centers (within the meaning of section 1905(1)(2)(B) of the Social Security Act (42 U.S.C. 1396d(1)(2)(B))). Sec. 8100. Notwithstanding any other provision in this Act, the total amount appropriated in this Act is hereby reduced by $123,200,000 to reflect savings from the pay of civilian personnel, to be distributed as follows: “Operation and Maintenance, Army”, $30,900,000; “Operation and Maintenance, Navy”, $66,600,000; “Operation and Maintenance, Air Force”, $9,200,000; and “Operation and Maintenance, Defense-Wide”, $16,500,000. Sec. 8101. Notwithstanding any other provision in this Act, the total amount appropriated in this Act is hereby reduced by $171,000,000 to reflect savings from favorable foreign currency fluctuations, to be distributed as follows: “Military Personnel, Army”, $19,100,000; “Military Personnel, Navy”, $2,200,000; “Military Personnel, Air Force”, $9,900,000; “Operation and Maintenance, Army”, $80,700,000; “Operation and Maintenance, Navy”, $13,700,000; “Operation and Maintenance, Air Force,” $26,900,000; “Operation and Maintenance, Defense-Wide”, $8,700,000; and “Defense Health Program”, $9,800,000. Sec. 8102. Notwithstanding any other provision of law, the Secretary of Defense may retain all or a portion of the family housing at Fort Buchanan, Puerto Rico, as the Secretary deems necessary to meet military family housing needs arising out of the relocation of elements of the United States Army South to Fort Buchanan. Sec. 8103. From within amounts made available in title II of this Act, under the heading “Operation and Maintenance, Army”, and notwithstanding any other provision of law, $12,500,000 shall be available only for repairs and safety improvements to the segment of Fort Irwin Road which extends from Interstate 15 northeast toward the boundary of Fort Irwin, California and the originating intersection of Irwin Road: Provided, That these funds shall remain available until expended: Provided further, That the authorized scope of work includes, 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.113 STAT. 1256 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-for-dollar 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 B–52 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 A–76 Reviews of Work Performed by DOD Employees.—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 113 STAT. 1257or 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. (b) 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 public-private 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 the 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.