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] ...
Defense and refunds attributable to official Government travel arranged
by Government Contracted Travel Management Centers may be credited to
the accounts current when the refunds are received that are available
for the same purposes as the accounts originally charged.
Sec. 8087. Notwithstanding 31 U.S.C. 3902, during the current
fiscal year, interest penalties may be paid by the Department of
Defense from funds financing the operation of the military department
or defense agency with which the invoice or contract payment is
associated.
Sec. 8088. (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.
Sec. 8089. 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 drug 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 the
Department of the Air Force should waive reimbursement from the
Federal, State and local government agencies for the use of these
funds.
Sec. 8090. Notwithstanding any other provision of law, the TRICARE
managed care support contracts in effect, or in final stages of
acquisition as of September 30, 1999, may be extended for two 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, 1998, may
include a base contract period for transition and up to seven one-year
option periods.
Sec. 8091. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $452,100,000
to reflect savings from revised economic assumptions, to be distributed
as follows:
``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; and
``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. 8092. 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.
Sec. 8093. 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(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
Sec. 8094. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $209,300,000
to reflect savings from the pay of civilian personnel, to be
distributed as follows:
``Operation and Maintenance, Army'', $45,100,000;
``Operation and Maintenance, Navy'', $74,400,000;
``Operation and Maintenance, Air Force'', $59,800,000; and
``Operation and Maintenance, Defense-Wide'', $30,000,000.
Sec. 8095. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $206,600,000
to reflect savings from favorable foreign currency fluctuations, to be
distributed as follows:
``Operation and Maintenance, Army'', $138,000,000;
``Operation and Maintenance, Navy'', $10,600,000;
``Operation and Maintenance, Marine Corps'', $2,000,000;
``Operation and Maintenance, Air Force'', $43,000,000; and
``Operation and Maintenance, Defense-Wide'', $13,000,000.
Sec. 8096. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $250,307,000
to reflect savings from reductions in the price of bulk fuel, to be
distributed as follows:
``Operation and Maintenance, Army'', $56,000,000;
``Operation and Maintenance, Navy'', $67,000,000;
``Operation and Maintenance, Marine Corps'', $7,700,000;
``Operation and Maintenance, Air Force'', $62,000,000;
``Operation and Maintenance, Defense-Wide'', $34,000,000;
``Operation and Maintenance, Army Reserve'', $4,107,000;
``Operation and Maintenance, Navy Reserve'', $2,700,000;
``Operation and Maintenance, Air Force Reserve'',
$5,000,000;
``Operation and Maintenance, Army National Guard''
$8,700,000; and
``Operation and Maintenance, Air National Guard'',
$3,100,000.
Sec. 8097. 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. 8098. 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.
Sec. 8099. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration in the case of a lease of personal property
for a period not in excess of one year to--
(1) any department or agency of the Federal Government;
(2) any State or local government, including any interstate
organization established by agreement of two or more States;
(3) any organization determined by the Chief of the
National Guard Bureau, or his designee, to be a youth or
charitable organization; or
(4) any other entity that the Chief of the National Guard
Bureau, or his designee, approves on a case-by-case basis.
Sec. 8100. In the current fiscal year and hereafter, funds
appropriated for the Pacific Disaster Center may be obligated to carry
out such missions as the Secretary of Defense may specify for disaster
information management and related supporting activities in the
geographic area of responsibility of the Commander in Chief, Pacific
and beyond in support of a global disaster information network:
Provided, That the Secretary may enable the Pacific Disaster Center and
its derivatives to enter into flexible public-private cooperative
arrangements for the delegation or implementation of some or all of its
missions and accept and provide grants, or other remuneration to or
from any agency of the Federal government, state or local government,
private source or foreign government to carry out any of its
activities: Provided further, That the Pacific Disaster Center may not
accept any remuneration or provide any service or grant which could
compromise national security.
Sec. 8101. Notwithstanding any other provision in this Act, the
total amount appropriated in Title I of this Act is hereby reduced by
$1,838,426,000 to reflect amounts appropriated in H.R. 1141, as
enacted. This amount is to be distributed as follows:
``Military Personnel, Army'', $559,533,000;
``Military Personnel, Navy'', $436,773,000;
``Military Personnel, Marine Corps'', $177,980,000;
``Military Personnel, Air Force'', $471,892,000;
``Reserve Personnel, Army'', $40,574,000;
``Reserve Personnel, Navy'', $29,833,000;
``Reserve Personnel, Marine Corps'', $7,820,000;
``Reserve Personnel, Air Force'', $13,143,000;
``National Guard Personnel, Army'', $70,416,000; and
``National Guard Personnel, Air Force'', $30,462,000.
Sec. 8102. Notwithstanding any other provision of law, that not
more than twenty-five per centum of funds provided in this Act, may be
obligated for environmental remediation under indefinite delivery/
indefinite quantity contracts with a total contract value of
$130,000,000 or higher.
Sec. 8103. Of the funds made available under the heading
``Operation and Maintenance, Air Force'', $5,000,000 shall be
transferred to the Department of Transportation to enable the Secretary
of Transportation to realign railroad track on Elmendorf Air Force
Base.
Sec. 8104. (a) Of the amounts provided in Title II of this Act, not
less than $1,353,900,000 shall be available for the missions of the
Department of Defense related to combating terrorism inside and outside
the United States.
(b) The budget of the United States Government submitted to
Congress under section 1105 of title 31, United States Code, for each
fiscal year after fiscal year 2000 shall set forth separately for a
single account the amount requested for the missions of the Department
of Defense related to combating terrorism inside and outside the United
States.
Sec. 8105. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department
of Defense that procures malt beverages and wine with nonappropriated
funds for resale (including such alcoholic beverages sold by the drink)
on a military installation located in the United States unless such
malt beverages and wine are procured within that State, or in the case
of the District of Columbia, within the District of Columbia, in which
the military installation is located: Provided, That in a case in which
the military installation is located in more than one State, purchases
may be made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt beverages
and wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another State:
Provided further, That alcoholic beverages other than wine and malt
beverages, in contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other factors
considered.
Sec. 8106. (a) The Secretary of the Air Force may obtain
transportation for operational support purposes, including
transportation for combatant Commanders in Chief, by lease of aircraft,
on such terms and conditions as the Secretary may deem appropriate,
consistent with this section, through an operating lease consistent
with OMB Circular A-11.
(b) The term of any lease into which the Secretary enters under
this section shall not exceed ten years from the date on which the
lease takes effect.
(c) The Secretary may include terms and conditions in any lease
into which the Secretary enters under this section that are customary
in the leasing of aircraft by a nongovernmental lessor to a
nongovernmental lessee.
(d) The Secretary may, in connection with any lease into which the
Secretary enters under this section, to the extent the Secretary deems
appropriate, provide for special payments to the lessor if either the
Secretary terminates or cancels the lease prior to the expiration of
its term or the aircraft is damaged or destroyed prior to the
expiration of the term of the lease. In the event of termination or
cancellation of the lease, the total value of such payments shall not
exceed the value of one year's lease payment.
(e) Notwithstanding any other provision of law any payments
required under a lease under this section, and any payments made
pursuant to subsection (d), may be made from--
(1) appropriations available for the performance of the
lease at the time the lease takes effect;
(2) appropriations for the operation and maintenance
available at the time which the payment is due; and
(3) funds appropriated for those payments.
(f) The authority granted to the Secretary of the Air Force by this
section is separate from and in addition to, and shall not be construed
to impair or otherwise affect, the authority of the Secretary to
procure transportation or enter into leases under a provision of law
other than this section.
Sec. 8107. The Communications Act is amended in section 337(b) (47
U.S.C. 337(b)), by deleting paragraph (2). Upon enactment of this
provision, the FCC shall initiate the competitive bidding process in
fiscal year 1999 and shall conduct the competitive bidding in a manner
that ensures that all proceeds of such bidding are deposited in
accordance with section 309(j)(8) of the Act not later than September
30, 2000. To expedite the assignment by competitive bidding of the
frequencies identified in section 337(a)(2) of the Act, the rules
governing such frequencies shall be effective immediately upon
publication in the Federal Register, notwithstanding 5 U.S.C. 553(d),
801(a)(3), 804(2), and 806(a). Chapter 6 of such title, 15 U.S.C. 632,
and 44 U.S.C. 3507 and 3512, shall not apply to the rules and
competitive bidding procedures governing such frequencies.
Notwithstanding section 309(b) of the Act, no application for an
instrument of authorization for such frequencies shall be granted by
the Commission earlier than 7 days following issuance of public notice
by the Commission of the acceptance for filing of such application or
of any substantial amendment thereto. Notwithstanding section 309(d)(1)
of such Act, the Commission may specify a period (no less than 5 days
following issuance of such public notice) for the filing of petitions
to deny any application for an instrument of authorization for such
frequencies.
Sec. 8108. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act for Titles II and III is hereby
reduced by $3,100,000,000 to reflect supplemental appropriations
provided under Public Law 106-31 for Readiness/Munitions; Operational
Other Popular 106th Congressional Bills Documents:
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