Home > 106th Congressional Bills > S. 1123 (is) To amend the Federal Food, Drug, and Cosmetic Act to improve the safety of imported food, and for other purposes. [Introduced in Senate] ...S. 1123 (is) To amend the Federal Food, Drug, and Cosmetic Act to improve the safety of imported food, and for other purposes. [Introduced in Senate] ...
Sec. 8047. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2001 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2001 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2001 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8048. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2001: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended.
Sec. 8049. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8050. Of the funds appropriated by the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $8,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8051. Amounts collected for the use of the facilities of the
National Science Center for Communications and Electronics during the
current fiscal year pursuant to section 1459(g) of the Department of
Defense Authorization Act, 1986, and deposited to the special account
established under subsection 1459(g)(2) of that Act are appropriated
and shall be available until expended for the operation and maintenance
of the Center as provided for in subsection 1459(g)(2).
Sec. 8052. None of the funds appropriated in this Act may be used
to fill the commander's position at any military medical facility with
a health care professional unless the prospective candidate can
demonstrate professional administrative skills.
Sec. 8053. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30, 1934,
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
Sec. 8054. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to
which a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such contract is
in the interest of the national defense.
Sec. 8055. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
Sec. 8056. Funds appropriated by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2000 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2000.
Sec. 8057. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to
lease real and personal property at Naval Air Facility, Adak, Alaska,
pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other
purposes: Provided, That notwithstanding any other provision of law,
the Secretary of the Navy may remove hazardous materials from
facilities, buildings, and structures at Adak, Alaska, and may demolish
or otherwise dispose of such facilities, buildings, and structures.
(rescissions)
Sec. 8058. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded as of the
date of the enactment of this Act from the following accounts and
programs in the specified amounts:
Under the heading, ``Other Procurement, Air Force, 1999/
2001'', $5,405,000;
Under the heading, ``Missile Procurement, Air Force, 1999/
2001'', $8,000,000 ; and
Under the heading, ``Research, Development, Test and
Evaluation, Air Force, 1999/2000'', $40,000,000.
Sec. 8059. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8060. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8061. During the current fiscal year, funds appropriated in
this Act are available to compensate members of the National Guard for
duty performed pursuant to a plan submitted by a Governor of a State
and approved by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance of such duty,
the members of the National Guard shall be under State command and
control: Provided further, That such duty shall be treated as full-time
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of
title 10, United States Code.
Sec. 8062. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Unified and Specified Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred against
appropriations for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence or counterintelligence
support to Unified Commands, Defense Agencies and Joint Intelligence
Activities, including the activities and programs included within the
National Foreign Intelligence Program (NFIP), the Joint Military
Intelligence Program (JMIP), and the Tactical Intelligence and Related
Activities (TIARA) aggregate: Provided, That nothing in this section
authorizes deviation from established Reserve and National Guard
personnel and training procedures.
Sec. 8063. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 1999 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
(including transfer of funds)
Sec. 8064. (a) None of the funds appropriated in this Act may be
transferred to or obligated from the Pentagon Reservation Maintenance
Revolving Fund, unless the Secretary of Defense certifies that the
total cost for the planning, design, construction and installation of
equipment for the renovation of the Pentagon Reservation will not
exceed $1,222,000,000.
(b) The Secretary shall, in conjunction with the Pentagon
Renovation, design and construct secure secretarial offices and support
facilities and security-related changes to the subway entrance at the
Pentagon Reservation.
Sec. 8065. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
(transfer of funds)
Sec. 8066. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be transferred to other appropriations or funds of the
Department of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the appropriation or
fund to which transferred.
Sec. 8067. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement 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.
Sec. 8068. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8069. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8070. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State which is not contiguous with another State and has an
unemployment rate in excess of the national average rate of
unemployment as determined by the Secretary of Labor, shall include a
provision requiring the contractor to employ, for the purpose of
performing that portion of the contract in such State that is not
contiguous with another State, individuals who are residents of such
State and who, in the case of any craft or trade, possess or would be
able to acquire promptly the necessary skills: Provided, That the
Secretary of Defense may waive the requirements of this section, on a
case-by-case basis, in the interest of national security.
Sec. 8071. During the current fiscal year, the Army shall use the
former George Air Force Base as the airhead for the National Training
Center at Fort Irwin: Provided, That none of the funds in this Act
shall be obligated or expended to transport Army personnel into Edwards
Air Force Base for training rotations at the National Training Center.
Sec. 8072. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense committees, the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate setting forth all
costs (including incremental costs) incurred by the Department of
Defense during the preceding quarter in implementing or supporting
resolutions of the United Nations Security Council, including any such
resolution calling for international sanctions, international
peacekeeping operations, and humanitarian missions undertaken by the
Department of Defense. The quarterly report shall include an aggregate
of all such Department of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the quarterly reports
all efforts made to seek credit against past United Nations
expenditures and all efforts made to seek compensation from the United
Nations for costs incurred by the Department of Defense in implementing
and supporting United Nations activities.
Sec. 8073. (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding any other provision of law, none of the
funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
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