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] ...


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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 

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