[House Report 106-710]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-710
======================================================================
MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, FAMILY HOUSING, AND
BASE REALIGNMENT AND CLOSURE FOR THE DEPARTMENT OF DEFENSE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES
_______
June 29, 2000.--Ordered to be printed
_______
Mr. Hobson, from the committee on conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4425]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4425) ``making appropriations for military construction, family
housing, and base realignment and closure for the Department of
Defense for the fiscal year ending September 30, 2001, and for
other purposes'', having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
DIVISION A--FISCAL YEAR 2001 MILITARY CONSTRUCTION APPROPRIATIONS
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated for military
construction, family housing, and base realignment and closure
functions administered by the Department of Defense, for the
fiscal year ending September 30, 2001, and for other purposes,
namely:
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military installations,
facilities, and real property for the Army as currently
authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the
purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $909,245,000, to remain available until
September 30, 2005: Provided, That of this amount, not to
exceed $109,306,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of his determination and the reasons
therefor.
Military Construction, Navy
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $928,273,000, to remain
available until September 30, 2005: Provided, That of this
amount, not to exceed $73,335,000 shall be available for study,
planning, design, architect and engineer services, as
authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of his determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently
authorized by law, $870,208,000, to remain available until
September 30, 2005: Provided, That of this amount, not to
exceed $74,628,000 shall be available for study, planning,
design, architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of his
determination and the reasons therefor.
Military Construction, Defense-wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $814,647,000, to
remain available until September 30, 2005: Provided, That such
amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military
construction or family housing as he may designate, to be
merged with and to be available for the same purposes, and for
the same time period, as the appropriation or fund to which
transferred: Provided further, That of the amount appropriated,
not to exceed $77,505,000 shall be available for study,
planning, design, architect and engineer services, as
authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of his determination and the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$281,717,000, to remain available until September 30, 2005.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$203,829,000, to remain available until September 30, 2005.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $108,738,000, to remain available until
September 30, 2005.
Military Construction, Naval Reserve
(including rescissions)
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and Marine
Corps as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts,
$64,473,000, to remain available until September 30, 2005:
Provided further, That the funds appropriated for ``Military
Construction, Naval Reserve'' under Public Law 105-45,
$2,400,000 is hereby rescinded.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $36,591,000, to remain
available until September 30, 2005.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized in Military
Construction Authorization Acts and section 2806 of title 10,
United States Code, $172,000,000, to remain available until
expended.
Family Housing, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension and alteration and for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construction,
$235,956,000, to remain available until September 30, 2005; for
Operation and Maintenance, and for debt payment, $951,793,000;
in all $1,187,749,000.
Family Housing, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension and alteration and for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construction,
$418,155,000, to remain available until September 30, 2005; for
Operation and Maintenance, and for debt payment, $881,567,000;
in all $1,299,722,000.
Family Housing, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension and alteration and for operation
andmaintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, as follows: for Construction, $251,982,000, to remain available
until September 30, 2005; for Operation and Maintenance, and for debt
payment, $820,879,000; in all $1,072,861,000.
Family Housing, Defense-wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the military
departments) for construction, including acquisition,
replacement, addition, expansion, extension and alteration, and
for operation and maintenance, leasing, and minor construction,
as authorized by law, for Operation and Maintenance,
$44,886,000.
Base Realignment and Closure Account, Part IV
For deposit into the Department of Defense Base Closure
Account 1990 established by section 2906(a)(1) of the
Department of Defense Authorization Act, 1991 (Public Law 101-
510), $1,024,369,000, to remain available until expended:
Provided, That not more than $865,318,000 of the funds
appropriated herein shall be available solely for environmental
restoration, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of his determination and the reasons therefor.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in Military
Construction Appropriations Acts shall be expended for payments
under a cost-plus-a-fixed-fee contract for construction, where
cost estimates exceed $25,000, to be performed within the
United States, except Alaska, without the specific approval in
writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds appropriated to the Department of Defense
for construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds appropriated to the Department of Defense
for construction may be used for advances to the Federal
Highway Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized therein
are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds appropriated in this Act may be
used to begin construction of new bases inside the continental
United States for which specific appropriations have not been
made.
Sec. 105. No part of the funds provided in Military
Construction Appropriations Acts shall be used for purchase of
land or land easements in excess of 100 percent of the value as
determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or his designee; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds appropriated in Military
Construction Appropriations Acts shall be used to: (1) acquire
land; (2) provide for site preparation; or (3) install
utilities for any family housing, except housing for which
funds have been made available in annual Military Construction
Appropriations Acts.
Sec. 107. None of the funds appropriated in Military
Construction Appropriations Acts for minor construction may be
used to transfer or relocate any activity from one base or
installation to another, without prior notification to the
Committees on Appropriations.
Sec. 108. No part of the funds appropriated in Military
Construction Appropriations Acts may be used for the
procurement of steel for any construction project or activity
for which American steel producers, fabricators,
andmanufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
Sec. 110. None of the funds appropriated in Military
Construction Appropriations Acts may be used to initiate a new
installation overseas without prior notification to the
Committees on Appropriations.
Sec. 111. None of the funds appropriated in Military
Construction Appropriations Acts may be obligated for architect
and engineer contracts estimated by the Government to exceed
$500,000 for projects to be accomplished in Japan, in any NATO
member country, or in countries bordering the Arabian Gulf,
unless such contracts are awarded to United States firms or
United States firms in joint venture with host nation firms.
Sec. 112. None of the funds appropriated in Military
Construction Appropriations Acts for military construction in
the United States territories and possessions in the Pacific
and on Kwajalein Atoll, or in countries bordering the Arabian
Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of a
United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20
percent: Provided further, That this section shall not apply to
contract awards for military construction on Kwajalein Atoll
for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the
appropriate committees of Congress, including the Committees on
Appropriations, of the plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either
temporary or permanent, are anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the appropriations in
Military Construction Appropriations Acts which are limited for
obligation during the current fiscal year shall be obligated
during the last 2 months of the fiscal year.
(transfer of funds)
Sec. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current session
of Congress.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise expired
or lapsed for obligation, expired or lapsed funds may be used
to pay the cost of associated supervision, inspection,
overhead, engineering and design on those projects and on
subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds appropriated to a military department or defense agency
for the construction of military projects may be obligated for
a military construction project or contract, or for any portion
of such a project or contract, at any time before the end of
the fourth fiscal year after the fiscal year for which funds
for such project were appropriated if the funds obligated for
such project: (1) are obligated from funds available for
military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which
the cost of such project is increased pursuant to law.
(transfer of funds)
Sec. 118. During the 5-year period after appropriations
available to the Department of Defense for military
construction and family housing operation and maintenance and
construction have expired for obligation, upon a determination
that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments
to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction,
Defense'' to be merged with and to be available for the same
time period and for the same purposes as the appropriation to
which transferred.
Sec. 119. The Secretary of Defense is to provide the
Committees on Appropriations of the Senate and the House of
Representatives with an annual report by February 15,
containing details of the specific actions proposed to be taken
by the Department of Defense during the current fiscal year to
encourage other member nations of the North Atlantic Treaty
Organization, Japan, Korea, and United States allies bordering
the Arabian Gulf to assume a greater share of the common
defense burden of such nations and the United States.
(transfer of funds)
Sec. 120. During the current fiscal year, in addition to
any other transfer authority available to the Department of
Defense, proceeds deposited to the Department of Defense Base
Closure Account established by section 207(a)(1) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526) pursuant to section 207(a)(2)(C) of such
Act, may be transferred to the account established by section
2906(a)(1)of the Department of Defense Authorization Act, 1991,
to be merged with, and to be available for the same purposes and the
same time period as that account.
Sec. 121. (a) No funds appropriated pursuant to this Act
may be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
(b) No funds made available under this Act shall be made
available to any person or entity who has been convicted of
violating the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 122. (a) In the case of any equipment or products that
may be authorized to be purchased with financial assistance
provided under this Act, it is the sense of the Congress that
entities receiving such assistance should, in expending the
assistance, purchase only American-made equipment and products.
(b) In providing financial assistance under this Act, the
Secretary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
(transfer of funds)
Sec. 123. Subject to 30 days prior notification to the
Committees on Appropriations, such additional amounts as may be
determined by the Secretary of Defense may be transferred to
the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund: Provided, That
appropriations made available to the Fund shall be available to
cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169, title 10, United
States Code, pertaining to alternative means of acquiring and
improving military family housing and supporting facilities.
Sec. 124. None of the funds appropriated or made available
by this Act may be obligated for Partnership for Peace Programs
in the New Independent States of the former Soviet Union.
Sec. 125. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for
military family housing the Secretary of the military
department concerned shall submit to the congressional defense
committees the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice
of any guarantee (including the making of mortgage or rental
payments) proposed to be made by the Secretary to the private
party under the contract involved in the event of--
(A) the closure or realignment of the installation
for which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units
stationed at such installation.
(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal Government
with respect to the guarantee.
(c) In this section, the term ``congressional defense
committees'' means the following:
(1) The Committee on Armed Services and the
Military Construction Subcommittee, Committee on
Appropriations of the Senate.
(2) The Committee on Armed Services and the
Military Construction Subcommittee, Committee on
Appropriations of the House of Representatives.
(transfer of funds)
Sec. 126. During the current fiscal year, in addition to
any other transfer authority available to the Department of
Defense, amounts may be transferred from the account
established by section 2906(a)(1) of the Department of Defense
Authorization Act, 1991, to the fund established by section
1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses
associated with the Homeowners Assistance Program. Any amounts
transferred shall be merged with and be available for the same
purposes and for the same time period as the fund to which
transferred.
Sec. 127. Notwithstanding this or any other provision of
law, funds appropriated in Military Construction Appropriations
Acts for operations and maintenance of family housing shall be
the exclusive source of funds for repair and maintenance of all
family housing units, including flag and general officer
quarters: Provided, That not more than $25,000 per unit may be
spent annually for the maintenance and repair of any general or
flag officer quarters without 30 days advance prior
notification of the appropriate committees of Congress:
Provided further, That the Under Secretary of Defense
(Comptroller) is to report annually to the Committees on
Appropriations all operations and maintenance expenditures for
each individual flag and general officer quarters for the prior
fiscal year.
Sec. 128. The Army, Navy, Marine Corps, and Air Force are
directed to submit to the appropriate committees of the
Congress by July 1, 2001, a Family Housing Master Plan
demonstrating how they plan to meet the year 2010 housing goals
with traditional construction, operation and maintenance
support, as well as privatization initiative proposals. Each
plan shall include projected life cycle costs for family
housing construction, basic allowance for housing, operation
and maintenance, other associated costs, and a time line for
housing completions each year.
(rescission of funds)
Sec. 129. Of the funds provided in previous Military
Construction Appropriations Acts, $100,000,000 is hereby
rescinded as of the date of the enactment of this Act.
(transfer of funds)
Sec. 130. During fiscal year 2001, in addition to any other
transfer authority available to the Department of Defense,
funds appropriated in the Military Construction Appropriations
Act, 2000 (Public Law 106-52; 113 Stat. 259) under the heading
``Military Construction, Naval Reserve'' and still unobligated
may be transferred to the account for ``Military Construction,
Navy''. Amounts transferred under this section shall be merged
with, and be available for the same period as, the amounts in
the account to which transferred and shall be available to
construct, under the authority of section 2805 of title 10,
United States Code, an elevated water storage tank at the Naval
Support Activity Midsouth, Millington, Tennessee.
Sec. 131. (a) The Secretary of the Army may accept funds
from the Federal Highway Administration, or the State of
Kentucky, and credit them to the appropriate Department of the
Army accounts for the purpose of funding all costs associated
with the realignment, requested by the State of Kentucky, of
the military construction project involving a rail connector
located at Fort Campbell, Kentucky, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2763).
(b) The Secretary may use the funds accepted for the
realignment, in addition to funds authorized and appropriated
for the rail connector project, notwithstanding the amount
authorized in section 2101(a) of Public Law 104-201. The funds
accepted shall remain available until expended.
(c) The costs associated with the realignment of the rail
connector project include but are not limited to redesign
costs, additional construction costs, additional costs due to
construction delays related to the realignment, and additional
real estate costs.
(d) The authority provided in this section shall be
effective upon the date of the enactment of this Act.
(rescission of funds)
Sec. 132. Of the funds available to the Secretary of
Defense in the ``Foreign Currency Fluctuations, Construction,
Defense'' account, $83,000,000 is hereby rescinded.
(transfer of funds)
Sec. 133. Amendments.--Section 131 of the Military
Construction Appropriations Act, 1988 (Public Law 100-202), is
amended--
(1) by striking subsection (c)(1), and inserting
the following:
``(c)(1) The Secretary shall use amounts paid to the
Secretary under subsection (b) for the acquisition of suitable
sites for military family housing; or, the acquisition,
construction, or revitalization of military family housing in
the San Diego region, either through conventional military
construction or through use of any of the alternative
authorities contained in subchapter IV, chapter 169 of title
10, United States Code.''.
(2) by adding after subsection (c)(2) the following
new subparagraph:
``(3) Any funds received by the Secretary under subsection
(b) and not deposited into the general fund of the Treasury
under subsection (c)(2) may be transferred into the Department
of Defense Family Housing Improvement Fund in accordance with
section 2883 in subchapter IV, chapter 169 of title 10, United
States Code.''.
Sec. 134. Section 412(c) of the Woodrow Wilson Memorial
Bridge Authority Act of 1995 (112 Stat. 160) is amended by
inserting before the period at the end of the sentence the
following: ``, and up to $170,000,000 for dredging and
foundation activities for construction'': Provided, That this
section becomes effective immediately upon enactment of this
Act.
Sec. 135. Notwithstanding any other provision of law, the
Secretary of the Navy is authorized to use funds received
pursuant to section 2601 of title 10, United States Code, for
the construction, improvement, repair, and maintenance of the
historic residences located at Marine Corps Barracks, 8th and I
Streets, Washington, D.C.: Provided, That the Secretary
notifies the appropriate committees of Congress 30 days in
advance of the intended use of such funds: Provided further,
That this section becomes effective immediately upon enactment
of this Act.
brooks air force base development demonstration project
Sec. 136. (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. The
section supersedes, and shall be used in lieu of the authority
provided in, section 8168 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1277).
(b) Authority.--(1) Subject to paragraph (4), 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.
(4) The Secretary may not exercise any authority under this
section until after the end of the 30-day period beginning on
the date the Secretary submits to the appropriate committees of
the Congress a master plan for the development of the Base.
(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-appropriatedfund), 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--
(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.
(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. Subject to
paragraph (2), amounts deposited into the Project Fund shall be
available without fiscal year limitation.
(2) To the extent provided in advance in appropriations
Acts, amounts in the Project Fund shall be available to the
Secretary for use at the base 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. The use of such amounts may be 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.
(i) Federal Agencies.--(1)(A) Any Federal agency, its
contractors, or its grantees shall pay rent, in cash or
services, for the use 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.
(2) 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.
(3) 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 apply to transactions at the Base
during 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 June 1, 2005.
(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 funded 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.
(n) This section becomes effective immediately upon
enactment of this Act.
Sec. 137. Of the funds made available in the Military
Construction Appropriations Act, 1999 (Public Law 105-237)
under the heading ``Military Construction, Defense-Wide'' for
planning and design, not less than $1,000,000 shall be
available for the design of an elementary school for the
Central Kitsap School District to meet the educational needs of
military dependents at the Naval Submarine Base, Bangor,
Washington: Provided, That this section becomes effective
immediately upon enactment of this Act.
Sec. 138. The total amount of appropriated funds that may
be expended for the military construction project at the
Military Academy at West Point, New York, to construct and
renovate the Cadet Physical Development Center shall not exceed
$77,500,000, regardless of the fiscal year for which the funds
were or are appropriated: Provided, That this section becomes
effective immediately upon enactment of this Act.
Sec. 139. (a) Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on construction,
security and operation of Forward Operating Locations (FOL) in
Manta, Ecuador, Aruba, Curacao, and El Salvador.
(b) The report required by subsection (a) shall address the
following: (1) a schedule for making each Forward Operating
Location (FOL) fully operational, including cost estimates,
time line of contracting and construction with completion
dates, a description of the potential capabilities for each
proposed location and an explanation of how the FOL
architecture fits into the overall counter-drug strategy; (2) a
plan that identifies the operating requirements at FOL for the
United States Coast Guard, United States Customs Service, Drug
Enforcement Administration, Intelligence community and the
Department of Defense and how these requirements will be
addressed; (3) a security plan to ensure that FOL facilities
and personnel working at these sites are safeguarded from
outside threats; and (4) a safety plan to ensure operations
conducted at FOLs are in accordance with standard operating
procedures.
This division may be cited as the ``Military Construction
Appropriations Act, 2001''.
DIVISION B
FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2000, and for other purposes, namely:
TITLE I--KOSOVO AND OTHER NATIONAL SECURITY MATTERS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $23,883,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $20,565,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $37,155,000: Provided, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of theBalanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $38,065,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
of the funds appropriated under this heading, $8,000,000 shall
be made available only for use in federally owned educational
facilities located on military installations for the purpose of
transferring title of such facilities to the local educational
authorities.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For necessary expenses to provide assistance to Vieques,
Puerto Rico, $40,000,000, to remain available until September
30, 2003: Provided, That such funds shall be in addition to
amounts otherwise available for such purposes: Provided
further, That the Secretary of Defense may transfer funds to
any agency or office of the United States Government in order
to implement the projects for which funds are provided under
this heading 30 days after the Director of the Office of
Management and Budget notifies the House and Senate Committees
on Appropriations of each proposed transfer: Provided further,
That each notification transmitted to the Committees shall
identify the specific amount, recipient agency and purpose for
which such transfer is proposed: Provided further, That
appropriations made available under this heading may be
transferred and obligated for the following purposes: a study
of the health of Vieques residents; fire-fighting related
equipment and facilities at Antonio Rivera Rodriguez Airport;
construction or refurbishment of a commercial ferry pier and
terminal and associated navigational improvements;
establishment and construction of an artificial reef; reef
conservation, restoration, and management activities; payments
to registered Vieques commercial fishermen of an amount
determined by the National Marine Fisheries Service for each
day they are unable to use existing waters because the Navy is
conducting training; expansion and improvement of major cross-
island roadways and bridges; an apprenticeship/training program
for young adults; preservation and protection of natural
resources; an economic development office and economic
development activities; and conducting a referendum among the
residents of Vieques regarding further use of the island for
military training programs: Provided further, That for purposes
of providing assistance to Vieques, any agency or office of the
United States Government to which these funds are transferred
may utilize, in addition to any authorities available in this
paragraph, any authorities available to that agency or office
for carrying out related activities, including utilization of
such funds for administrative expenses: Provided further, That
any amounts transferred to the Department of Housing and Urban
Development, ``Community development block grants'', shall be
available only for assistance to Vieques, notwithstanding
section 106 of the Housing and Community Development Act of
1974: Provided further, That the Department of Commerce may
make direct payments to registered Vieques commercial
fishermen: Provided further, That the Department of the Navy
may provide fire-fighting training and funds provided in this
paragraph may be used to provide fire-fighting related
facilities at the Antonio Rivera Rodriguez Airport: Provided
further, That funds made available under this heading may be
transferred to the Army Corps of Engineers to construct or
modify a commercial ferry pier and terminal and associated
navigational improvements: Provided further, That except for
amounts provided for the health study, fire-fighting related
equipment and facilities, and certain activities in furtherance
of the preservation and protection of natural resources, funds
provided in this paragraph shall not become available until 30
days after the Secretary of the Navy has certified to the
congressional defense committees that the integrity and
accessibility of the training range is uninterrupted, and
trespassing and other intrusions on the range have ceased:
Provided further, That the Secretary of the Navy shall
recertify to the congressional defense committees the status of
the range 90 days after the initial certification, and each 90
days thereafter: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $2,174,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $2,851,000: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for the ``Overseas Contingency
Operations Transfer Fund'', $2,050,400,000, to remain available
until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
Secretary of Defense may transfer the funds provided herein
only to appropriations for military personnel; operation and
maintenance, including Overseas Humanitarian, Disaster, and
Civic Aid; procurement; research, development, test and
evaluation; the Defense Health Program; and working capital
funds: Provided further, That the funds transferred shall be
merged with and shall be available for the same purposes and
for the same time period, as the appropriation to which
transferred: Provided further, That the transfer authority
provided in this paragraph is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for
the purposes provided herein, such amounts may be transferred
back to this appropriation.
PROCUREMENT
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $73,000,000, to remain available for obligation until
September 30, 2001: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $5,700,000, to remain available for
obligation until September 30, 2001, only for continued test
activities under the Tactical High Energy Laser (THEL) program.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$3,533,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 101. (a) Minimum Rates of Basic Allowance for Housing
for Members of the Uniformed Services.--During the period
beginning on January 1, 2000, and ending on September 30, 2001
(or such earlier date as the Secretary of Defense considers
appropriate), a member of the uniformed services entitled to a
basic allowance for housing for a military housing area in the
United States shall be paid the allowance at a monthly rate not
less than the rate in effect on December 31, 1999, in that area
for members serving in the same pay grade and with the same
dependency status as the member.
(b) Annual Limitation on Allowance.--In light of the rates
for the basic allowance for housing authorized by subsection
(a), the Secretary of Defense may exceed the limitation on the
total amount paid during fiscal year 2000 and 2001 for the
basic allowance for housing in the United States otherwise
applicable under section 403(b)(3) of title 37, United States
Code.
(c) Sense of the Congress Regarding Military Families on
Food Stamps.--It is the sense of the Congress that members of
the Armed Forces and their dependents should not have to rely
on the food stamp program, and the President and the Congress
should take action to ensure that the income level of members
of the Armed Forces is sufficient so that no member meets the
income standards of eligibility in effect under the food stamp
program.
(including transfer of funds)
Sec. 102. In addition to amounts appropriated or otherwise
made available elsewhere in this Act for the Department of
Defense or in the Department of Defense Appropriations Act,
2000 (Public Law 106-79), $1,556,200,000 is hereby appropriated
to the Department of Defense for the ``Defense-Wide Working
Capital Fund'' and shall remain available until expended, for
price increases resulting from worldwide increases in the price
of petroleum: Provided, That the Secretary of Defense shall
transfer $1,556,200,000 in excess collections from the
``Defense-Wide Working Capital Fund'' not later than September
30, 2001 to the operation and maintenance; research,
development, test and evaluation; and working capital funds:
Provided further, That the transfer authority provided in this
section is in addition to the transfer authority provided to
the Department of Defense in this Act or any other Act:
Provided further, That the entire amount made available in this
section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Sec. 103. In addition to the amounts provided elsewhere in
this Act or in the Department of Defense Appropriations Act,
2000 (Public Law 106-79), $90,000,000 is hereby appropriated
for ``Aircraft Procurement, Air Force'', only for F-15 aircraft
or associated components, systems, or subsystems.
Sec. 104. In addition to the amounts provided elsewhere in
this Act or in the Department of Defense Appropriations Act,
2000 (Public Law 106-79), $163,700,000 is hereby appropriated
for ``Procurement of Weapons and Tracked Combat Vehicles,
Army'', only for procurement, advance procurement, or economic
order quantity procurement of Abrams M1A2 SEP Upgrades under
multiyear contract authority provided under section 8008 of the
Department of Defense Appropriations Act, 2000: Provided, That
none of the funds under this section shall be obligated until
the Secretary of the Army certifies to the congressional
defense committees that these funds will be used to upgrade
vehicles for an average unit cost (for 307 vehicles) that does
not exceed $5,900,000.
Sec. 105. In addition to the amounts provided in the
Department of Defense Appropriations Act, 2000 (Public Law 106-
79), $615,600,000 is hereby appropriated for ``Defense Health
Program'', to remain available for obligation until September
30, 2001: Provided, That such funds shall be available only for
the purposes described and in accordance with section 106 of
this chapter: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Sec. 106. (a) Of the amounts provided in section 105 of
this chapter for ``Defense Health Program''--
(1) not to exceed $90,300,000 shall be available
for obligations and adjustments to obligations required
to cover unanticipated increases in TRICARE contract
costs that (but for insufficient funds) would have been
properly chargeable to the Defense Health Program
account for fiscal year 1998 or fiscal year 1999; and
(2) not to exceed $525,300,000 shall be available
for obligations and adjustments to obligations required
to cover unanticipated increases in TRICARE contract
costs that are properly chargeable to the Defense
Health Program account for fiscal year 2000 or fiscal
year 2001.
(b) The Secretary of Defense shall notify the congressional
defense committees before charging an obligation or an
adjustment to obligations under this section.
(c) The Secretary of Defense shall submit to the
congressional defense committees a report on obligations made
under this section no later than 30 days after the end of
fiscal year 2000.
Sec. 107. In addition to the amounts provided in the
Department of Defense Appropriations Act, 2000 (Public Law 106-
79), $695,900,000 is hereby appropriated for ``Defense Health
Program'', to remain available for obligation until September
30, 2002: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Sec. 108. In addition to the amounts appropriated or
otherwise made available in this Act or in the Department of
Defense Appropriations Act, 2000 (Public Law 106-79),
$27,000,000 is hereby appropriated to the Department of Defense
and is available only for the Basic Allowance for Housing
Program: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Sec. 109. (a) Military Recruiting, Advertising, and
Retention Programs.--In addition to amounts appropriated or
otherwise made available for the Department ofDefense elsewhere
in this Act or in the Department of Defense Appropriations Act, 2000
(Public Law 106-79), there is hereby appropriated to the Department of
Defense, to remain available for obligation until September 30, 2001,
and to be available only for military personnel (to include full-time
manning), recruiting, advertising, and retention programs,
$357,288,000, as follows:
For military personnel accounts, $204,226,000, as
follows:
``Military Personnel, Army'', $99,900,000;
``Military Personnel, Navy'', $23,500,000;
``Military Personnel, Marine Corps'',
$4,000,000;
``Military Personnel, Air Force'',
$7,500,000;
``Reserve Personnel, Army'', $32,500,000;
and
``National Guard Personnel, Army'',
$36,826,000.
For operation and maintenance accounts,
$153,062,000, as follows:
``Operation and Maintenance, Army'',
$38,110,000;
``Operation and Maintenance, Navy'',
$29,222,000;
``Operation and Maintenance, Marine
Corps'', $8,100,000;
``Operation and Maintenance, Air Force'',
$29,040,000;
``Operation and Maintenance, Army
Reserve'', $18,890,000;
``Operation and Maintenance, Navy
Reserve'', $6,700,000;
``Operation and Maintenance, Marine Corps
Reserve'', $2,000,000;
``Operation and Maintenance, Air Force
Reserve'', $4,000,000;
``Operation and Maintenance, Army National
Guard'', $12,000,000; and
``Operation and Maintenance, Air National
Guard'', $5,000,000.
(b) Emergency Designation.--The entire amount made
available in this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 110. (a) Depot-Level Maintenance and Repair.--In
addition to amounts appropriated or otherwise made available
for the Department of Defense elsewhere in this Act or in the
Department of Defense Appropriations Act, 2000 (Public Law 106-
79), $220,000,000 is hereby appropriated for ``Operation and
Maintenance, Navy'', to remain available for obligation until
September 30, 2001, only for ship depot maintenance.
(b) Emergency Designation.--The entire amount made
available in this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 111. (a) High Priority Support to Deployed Forces.--In
addition to amounts appropriated or otherwise made available
elsewhere in this Act for the Department of Defense or in the
Department of Defense Appropriations Act, 2000 (Public Law 106-
79), there is hereby appropriated to the Department of Defense,
to support deployed United States forces, $503,900,000, as
follows:
(1) For operation and maintenance accounts, to
remain available for obligation until September 30,
2001, $96,000,000 as follows:
``Operation and Maintenance, Navy'',
$20,000,000;
``Operation and Maintenance, Air Force'',
$41,900,000;
``Operation and Maintenance, Defense-
Wide'', $10,000,000; and
``Operation and Maintenance, Air National
Guard'', $24,100,000.
(2) For procurement accounts, to remain available
for obligation until September 30, 2003, $344,900,000,
as follows:
``Aircraft Procurement, Army'', $25,000,000
(for Apache helicopter safety and reliability
modifications);
``Aircraft Procurement, Navy'', $52,800,000
(of which $27,000,000 is for CH-46 helicopter
engine safety procurement and $25,800,000 for
EP-3 sensor improvement modifications);
``Aircraft Procurement, Air Force'',
$212,700,000 (of which $111,600,000 is for U-2
reconnaissance aircraft sensor improvements and
modifications, and $101,100,000 is for flight
and mission trainers and simulators);
``Other Procurement, Air Force'',
$41,400,000; and
``Procurement, Defense-Wide'', $13,000,000.
(3) For research, development, test and evaluation
accounts, to remain available for obligation until
September 30, 2002, $63,000,000, as follows:
``Research, Development, Test and
Evaluation, Army'', $5,000,000 (for the WARSIMS
program); and
``Research, Development, Test and
Evaluation, Defense-Wide'', $58,000,000.
(b) Emergency Designation.--The entire amount made
available in this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 112. To ensure the availability of biometrics
technologies in the Department of Defense, the Secretary of the
Army shall be the Executive Agent to lead, consolidate, and
coordinate all biometrics information assurance programs of the
Department of Defense: Provided, That there is hereby
appropriated for fiscal year 2000, in addition to other amounts
appropriated for such fiscal year by other provisions of this
Act, $5,000,000 for Operation and Maintenance, Army, for
carrying out the biometrics assurance programs and for
continuing the biometrics information assurance programs of the
Information System Security Program: Provided further, That
there is hereby appropriated for fiscal year 2000, in addition
to other amounts appropriated for such fiscal year by other
provisions of this Act, $1,000,000 for Operation and
Maintenance, Navy, and $1,000,000 for Operation and
Maintenance, Air Force, for carrying out the biometrics
assurance programs with the Army, as Executive Agent, to lead,
consolidate, and coordinate such programs.
Sec. 113. In addition to amounts appropriated or otherwise
made available for the Department of Defense elsewhere in this
Act or in the Department of Defense Appropriations Act, 2000
(Public Law 106-79), $125,000,000 is hereby appropriated to the
Department of Defense to remain available until September 30,
2002, to be available only for the Patriot missile program:
Provided, That not later than 30 days after the enactment of
this Act the Department shall submit a revised Patriot missile
program plan to the congressional defense committees: Provided
further, That the entire amount made available in this section
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 114. In addition to amounts provided elsewhere in this
Act for the Department of Defense, $300,000 is hereby
appropriated to be available only for Operation Walking Shield
for technical assistance and transportation of excess housing
to Indian tribes located in the States of North Dakota, South
Dakota, Montana and Minnesota, in accordance with section 8155
of Public Law 106-79.
Sec. 115. In addition to amounts appropriated or otherwise
made available for the Department of Defense elsewhere in this
Act or in the Department of Defense Appropriations Act, 2000
(Public Law 106-79), there is hereby appropriated to the
Department of Defense, for the cost of peacekeeping and
humanitarian assistance operations in East Timor and
Mozambique, $61,500,000, to be distributed as follows:
``Operation and Maintenance, Navy'', $6,400,000;
``Operation and Maintenance, Marine Corps'',
$8,100,000; and
``Operation and Maintenance, Air Force'',
$47,000,000:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
(transfer of funds)
Sec. 116. (a) Transfer of Funds.--Notwithstanding any other
provision of law, of the funds appropriated by title II of the
Department of Defense Appropriations Act, 2000 (Public Law 106-
79) under the heading ``Operation and Maintenance, Defense-
Wide'', $9,642,000 shall be transferred to the Macalloy Special
Account administered by the Administrator of the Environmental
Protection Agency to pay for response actions by, or on behalf
of, the Environmental Protection Agency under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) at the Macalloy site in Charleston,
South Carolina.
(b) Treatment of Funds.--Any of the funds transferred
pursuant to subsection (a) that are used to pay for response
actions at the Macalloy site shall be credited against any
liability of the United States with respect to the site under
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980.
Sec. 117. Notwithstanding any other provision of law, there
is appropriated to the Department of Defense $8,000,000 for
communications, communications infrastructure, logistical
support, resources and operational assistance required by the
Salt Lake Organizing Committee to stage the 2002 Olympic and
Paralympic Winter Games, such sums to remain available until
expended.
Sec. 118. The Ballistic Missile Defense Organization and
its subordinate offices and associated contractors, including
the Lead Systems Integrator, shall notify the congressional
defense committees 15 days prior to issuing any type of
information or proposal solicitation under the NMD Program with
a potential annual contract value greater than $5,000,000 or a
total contract value greater than $30,000,000.
Sec. 119. (a) Requirement for Sale of Navy Drydock No. 9.--
Notwithstanding any other provision of law, the Secretary of
the Navy shall sell Navy Drydock No. 9 (AFDM-3), located in
Mobile, Alabama, to the Bender Shipbuilding and Repair Company,
Inc., which is the current lessee of the drydock from the Navy.
(b) Consideration.--As consideration for the sale of the
drydock under subsection (a), the Secretary shall receive an
amount equal to the fair market value of the drydock at the
time of the sale, as determined by the Secretary.
Sec. 120. Subsection (b) of section 509 of title 32, United
States Code, is amended by striking ``Federal'' and inserting
``Department of Defense''.
Sec. 121. Use of Department of Defense Facilities as
Polling Places. (a) In General.--Notwithstanding any other
provision of law, the Secretary of Defense shall not prohibit
the designation or use of any Department of Defense facility,
currently designated by a State or local election official, or
used since January 1, 1996, as an official polling place in
connection with a local, State, or Federal election, as such
official polling place.
(b) Effective Date.--The prohibition under subsection (a)
shall apply to any election occurring on or after the date of
the enactment of this section and before December 31, 2000.
Sec. 122. Section 8114 of the Department of Defense
Appropriations Act, 1999 (Public Law 105-262; 112 Stat. 2326),
is amended--
(1) in the matter preceding the first proviso, by
striking ``$20,000,000'' and inserting ``$30,000,000'';
and
(2) in the second proviso, by inserting after
``property damages'' the following: ``, and for other
claims under applicable Status-of-Forces Agreements,''.
(rescissions)
Sec. 123. 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 in the specified amounts:
Under the heading ``Shipbuilding and Conversion,
Navy, 1989/1993'':
DDG-51 destroyer program, $9,100,000;
T-AO fleet oiler program, $6,645,000;
T-AGOS surveillance ship program,
$3,420,000;
Outfitting and post delivery, $1,293,000;
``Research, Development, Test and
Evaluation, Air Force, 1999/2000'', $7,000,000;
``Military Personnel, Army, 2000'',
$98,700,000;
``Military Personnel, Navy, 2000'',
$49,127,000;
``Military Personnel, Air Force, 2000'',
$82,000,000;
``Reserve Personnel, Air Force, 2000'',
$4,500,000; and
``National Guard Personnel, Army, 2000'',
$24,826,000.
Sec. 124. Funds appropriated by this Act, or made available
by the transfer of funds in 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).
Sec. 125. The following provisions of law are repealed:
sections 8175 and 8176 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79), as amended by
sections 214 and 215, respectively, of H.R. 3425 of the 106th
Congress (113 Stat. 1501A-297), as enacted into law by section
1000(a)(5) of Public Law 106-113.
Sec. 126. Any amount appropriated in this chapter that is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, shall not be available
for obligation unless all such amounts are designated by the
President, upon enactment of this Act, as emergency
requirements pursuant to such section.
CHAPTER 2
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
general investigations
For an additional amount for ``General Investigations'',
$3,500,000, to remain available until expended, of which
$1,500,000 shall be for a feasibility study and report of a
project to provide flood damage reduction for the town of
Princeville, North Carolina, and of which $2,000,000 shall be
for preconstruction engineering and design of an emergency
outlet from Devils Lake, North Dakota, to the Sheyenne River:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
construction, general
For an additional amount for ``Construction, General'',
$3,000,000, to remain available until expended, for the Johnson
Creek, Arlington, Texas, project authorized by section
101(b)(14) of Public Law 106-53: Provided, That the entire
amount shall be available only to the extent an official budget
request for $3,000,000, 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 the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance,
General'', $200,000, to remain available until expended, for
dredging of the authorized navigation project at Saxon Harbor,
Wisconsin: Provided, That the entire amount shall be available
only to the extent an official budget request for $200,000,
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 the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
For an additional amount for ``Water and Related
Resources'', $600,000, to remain available until expended, to
carry out the provisions of the Lewis and Clark Rural Water
System Act of 2000: Provided, That the entire amount shall be
available only to the extent an official budget request for
$600,000, 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
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
Weapons Activities
For an additional amount for ``Weapons activities'',
$96,500,000, to remain available until expended: Provided, That
the entire amount shall be available only to the extent an
official budget request for $96,500,000, 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 the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
other defense activities
For an additional amount for ``Other defense activities'',
$38,000,000, to remain available until expended: Provided, That
the entire amount shall be available only to the extent an
official budget request for $38,000,000, 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
Department is authorized to initiate design of the Highly
Enriched Uranium Blend Down Project.
ENERGY PROGRAMS
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for ``Uranium enrichment
decontamination and decommissioning fund'', $58,000,000, to be
derived from the Fund, to remain available until expended:
Provided, That the entire amount shall be available only to the
extent an official budget request for $58,000,000, 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 the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 201. Funds appropriated in this or any other Act and
hereafter may not be used to pay on behalf of the United States
or a contractor or subcontractor of the United States for
posting a bond or fulfilling any other financial responsibility
requirement relating to closure or post-closure care and
monitoring of the Waste Isolation Pilot Plant. The State of New
Mexico or any other entity may not enforce against the United
States or a contractor or subcontractor of the United States,
in this or any subsequent fiscal year, a requirement to post
bond or any other financial responsibility requirement relating
to closure or post-closure care and monitoring of the Waste
Isolation Pilot Plant. Any financial responsibility requirement
in a permit or license for the Waste Isolation Pilot Plant on
the date of the enactment of this section may not be enforced
against the United States or its contractors or subcontractors
at the Plant.
Sec. 202. Notwithstanding any other provision of law, no
funds provided in this or any other Act may be used to further
reallocate Central Arizona Project water or to prepare an
Environmental Assessment, Environmental Impact Statement, or
Record of Decision providing for a reallocation of Central
Arizona Project water until further Act of Congress authorizing
and directing the Secretary of the Interior to make allocations
and enter into contracts for delivery of Central Arizona
Project water.
Sec. 203. Of the funds provided in Public Laws 106-60 and
105-245 and prior Energy and Water Development Appropriations
Acts for the Department of Energy under the heading
``Science'', $1,000,000 shall be made available for the design,
planning and construction of the interdisciplinary science
facility at the University of Alabama at Tuscaloosa.
Sec. 204. Of the funds provided in Public Law 106-60 and
prior Energy and Water Development Appropriations Acts for the
Department of Energy under the heading ``Energy Supply'',
$1,000,000 shall be made available for the Nome diesel upgrade.
Sec. 205. Of the funds provided in Public Law 106-60 and
prior Energy and Water Development Appropriations Acts for the
Department of Energy under the heading ``Weapons Activities'',
$5,000,000 shall be made available to move the Atlas pulsed
power experimental facility to the Nevada Test Site.
Sec. 206. Of the funds provided in Public Law 106-60 and
prior Energy and Water Development Appropriations Acts for the
Department of Energy under the heading ``Science'', $2,500,000
shall be made available for the Natural Energy Laboratory of
Hawaii.
Sec. 207. Of the funds provided in Public Law 106-60 for
the Department of Energy under the heading ``Science'',
$1,000,000 shall be made available for the Burbank Hospital
Regional Center in Fitchburg, Massachusetts.
Sec. 208. Of the funds provided in Public Law 106-60 for
the Department of Energy under the heading ``Science'',
$1,000,000 shall be made available for the Center for Research
on Aging at Rush-Presbyterian-St. Luke's Medical Center in
Chicago, Illinois.
Sec. 209. Of the funds provided in Public Law 106-60 for
the Department of Energy under the heading ``Science'',
$1,000,000 shall be made available for the North Shore-Long
Island Jewish Health System.
Sec. 210. Of the funds provided in Public Law 106-60 for
the Department of Energy under the heading ``Energy Supply'',
$1,000,000 shall be made available for the Materials Science
Center in Tempe, Arizona.
Sec. 211. No funds appropriated to the Nuclear Regulatory
Commission for fiscal years 2000 and 2001 may be used to
relocate, or to plan or prepare for the relocation of, the
functions or personnel of the Technical Training Center from
its location at Chattanooga, Tennessee.
CHAPTER 3
MILITARY CONSTRUCTION
GENERAL PROVISIONS--THIS CHAPTER
Sec. 301. In addition to amounts appropriated or otherwise
made available in the Military Construction Appropriations Act,
2000, the following amounts are hereby appropriated as
authorized by section 2854 of title 10, United States Code, as
follows:
``Military Construction, Army Reserve'',
$12,348,000;
``Family Housing, Army'', $2,000,000;
``Family Housing, Navy and Marine Corps'',
$3,000,000; and
``Family Housing, Air Force'', $1,700,000:
Provided, That the funds in this section remain available until
September 30, 2004: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent that an
official budget request for $19,048,000, 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.
Sec. 302. Notwithstanding any other provision of law, in
addition to amounts appropriated or otherwise made available in
the Military Construction Appropriations Act, 2000, $1,000,000
is hereby appropriated to the ``Military Construction, Defense-
Wide'' account, to remain available until September 30, 2004:
Provided, That such amount shall be available for study,
planning, design, architect and engineer services, as
authorized by law: Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request for $1,000,000 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.
(including rescission)
Sec. 303. (a) In addition to the amounts provided in Public
Law 106-52, $35,000,000 is appropriated under the heading
``Military Construction, Navy'' to remain available until
September 30, 2004: Provided, That such funds are authorized
and shall be available for the acquisition of land at Blount
Island, Florida.
(b) Of the funds provided in the Military Construction
Appropriations Act, 1996 (Public Law 104-32), $35,000,000 is
hereby rescinded as of the date of the enactment of this Act.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
Coast Guard
operating expenses
For an additional amount for ``Operating expenses'',
$77,000,000, to remain available until September 30, 2001; of
which $5,000,000 shall be available for military basic pay;
$18,000,000 shall be available for costs related to the
delivery of health care to Coast Guard personnel, retirees, and
their dependents; $15,000,000 shall be available for basic
allowance for housing; $2,000,000 shall be available for the
military housing areas cost of living adjustment; $15,000,000
shall be available for recruiting and retention bonuses;
$1,000,000 shall be available for fixed wing aviator retention
bonuses; $8,000,000 shall be available for the clean up and
repair of shore facilities from hurricane damage; and,
$13,000,000 shall be available for operational fuel and unit
level operational readiness: Provided, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount provided shall be available
only to the extent an official budget request for $77,000,000,
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.
acquisition, construction, and improvements
For an additional amount for ``Acquisition, construction,
and improvements'', $578,000,000, to remain available until
expended; of which $110,000,000 shall be available for the
Great Lakes Icebreaker replacement; and of which $468,000,000
shall be available for acquisition and conversion of six C-130J
maritime patrol aircraft, as authorized under section
812(b)(1)(G) of the Western Hemisphere Drug Elimination Act:
Provided, That the procurement of maritime patrol aircraft
funded under this heading shall not, in any way, influence the
procurement strategy, program requirements, or down-select
decision pertaining to the Coast Guard's Deepwater Capability
Replacement Project: Provided further, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount provided shall be available
only to the extent an official budget request for $578,000,000,
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.
CHAPTER 5
GENERAL PROVISIONS--THIS TITLE
Sec. 501. For an additional amount for the Agency for
International Development, ``International Disaster
Assistance'', $25,000,000, for rehabilitation and
reconstruction assistance for Mozambique, Madagascar, and
southern Africa, to remain available until expended: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount provided
shall be available only to the extent an official budget
request that includes designation of the entire amount 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.
Sec. 502. For an additional amount for ``Assistance for
Eastern Europe and the Baltic States'', $50,000,000, to remain
available until September 30, 2001: Provided, That this amount
shall only be available for assistance for Montenegro and
Croatia, and not to exceed $12,400,000 for assistance for
Kosova: Provided further, That the amountspecified in the
previous proviso for assistance for Kosova may be made available only
for police activities: Provided further, That funds made available in
the preceding provisos shall be available subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
TITLE II
NATURAL DISASTER ASSISTANCE AND OTHER SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
For an additional amount for necessary expenses to carry
out title IX of Public Law 106-78, $1,350,000: Provided, That
the entire amount necessary to carry out this section shall be
available only to the extent an official budget request for
$1,350,000, 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.
Farm Service Agency
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$77,560,000, to remain available until expended: Provided, That
the entire amount shall be available only to the extent an
official budget request for $77,560,000, 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.
Rural Housing Service
rural housing insurance fund program account
For additional gross obligations for the principal amount
of direct loans as authorized by title V of the Housing Act of
1949 for section 515 rental housing to be available from funds
in the rural housing insurance fund to meet needs resulting
from Hurricane Dennis, Floyd, or Irene, $40,000,000.
For the additional cost of direct loans for section 515
rental housing, including the cost of modifying loans, as
defined in section 502 of the Congressional Budget Act of 1974,
to remain available until expended, $15,872,000: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
rental assistance program
For an additional amount for rental assistance agreements
entered into or renewed pursuant to section 521(a)(2) of the
Housing Act of 1949 for emergency needs resulting from
Hurricane Dennis, Floyd, or Irene, $13,600,000, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2101. With respect to any 1999 crop year loan made by
the Commodity Credit Corporation to a cooperative marketing
association established under the laws of North Carolina, and
to any person or entity in North Carolina obtaining a 1999 crop
upland cotton marketing assistance loan, the Corporation shall
reduce the amount of such outstanding loan indebtedness in an
amount up to 75 percent of the amount of the loan applicable to
any collateral (in the case of cooperative marketing
associations of upland cotton producers and upland cotton
producers, not to exceed $5,000,000 for benefits to such
associations and such producers for up to 75 percent of the
loss incurred by such associations and such producers with
respect to upland cotton that had been placed under loan) that
was produced in a county in which either the Secretary of
Agriculture or the President of the United States declared a
major disaster or emergency due to the occurrence of Hurricane
Dennis, Floyd, or Irene if the Corporation determines that such
collateral suffered any quality loss as a result of said
hurricane: Provided, That if a person or entity obtains a
benefit under this section with respect to a quantity of a
commodity, no marketing loan gain or loan deficiency payment
shall be made available under the Federal Agricultural
Improvement and Reform Act of 1996 with respect to such
quantity: Provided further, That no more than $81,000,000 of
the funds of the Corporation shall be available to carry out
this section: Provided further, That the entire amount shall be
available only to the extent an official budget request for
$81,000,000, 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 entireamount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Sec. 2102. In lieu of imposing, where applicable, the
assessment for producers provided for in subsection (d)(8) of 7
U.S.C. 7271 (section 155 of the Agricultural Market Transition
Act), the Secretary shall, as necessary to offset remaining
loan losses for the 1999 crop of peanuts, borrow such amounts
as would have been collected under 7 U.S.C. 7271(d)(8) from the
Commodity Credit Corporation. Such borrowing shall be against
all excess assessments to be collected under 7 U.S.C. 7271(g)
for crop year 2000 and subsequent years. For purposes of the
preceding sentence, an assessment shall be considered to be an
``excess'' assessment to the extent that it is not used, or
will not be used, under the provisions of 7 U.S.C. 7271(d), to
offset losses on peanuts for the crop year in which the
assessment is collected. The Commodity Credit Corporation shall
retain in its own account sums collected under 7 U.S.C. 7271(g)
as needed to recover the borrowing provided for in this section
to the extent that such collections are not used under 7 U.S.C.
7271(d) to cover losses on peanuts: Provided, That the entire
amount necessary to carry out this section shall be available
only to the extent an official budget request for the entire
amount, 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.
CHAPTER 2
DEPARTMENT OF JUSTICE
Salaries and Expenses, United States Attorneys
For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $12,000,000, to remain available
until expended, to be divided equally between the States of
Texas, New Mexico, Arizona, and California, to reimburse county
and municipal governments only for Federal costs associated
with the handling and processing of illegal immigration and
drug and alien smuggling cases. The use of these funds is
limited to: court costs, courtroom technology, the building of
holding spaces, administrative staff, and indigent defense
costs: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That such
amount shall be available only to the extent that an official
budget request for a specific dollar amount, 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.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$181,000,000, to remain available until expended, which shall
be deposited in the Telecommunications Carrier Compliance Fund:
Provided, That, hereafter, in the discretion of the Attorney
General, any expenditures from the Fund to pay or reimburse
pursuant to sections 104(e) and 109(a) of Public Law 103-414,
may be made directly to any parties specified in section 401(a)
thereof, and may be made either pursuant to the regulations
promulgated under such section 109, or pursuant to firm fixed-
price agreements, upon provision of such information as the
Attorney General may require: Provided further, That such
amount shall be available only to the extent that an official
budget request for a specific dollar amount, 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 the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Office of Justice Programs
justice assistance
For an additional amount for ``Justice Assistance'' for
grants to counties with populations of less than 150,000, and
Indian reservations, in Arizona that are adjacent to the United
States-Mexico border, $2,000,000: Provided, That such grants
shall be allocated in proportion to the population of each such
county and Indian reservation: Provided further, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the extent
that an official budget request for a specific dollar amount,
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.
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'', $55,800,000, to remain availableuntil
expended, for planning, public works grants and revolving loan funds
for communities affected by Hurricane Floyd and other recent hurricanes
and disasters: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amount shall be available only to
the extent that an official budget request for a specific dollar
amount, 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, is transmitted by the President
to the Congress.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research and
Facilities'', $30,700,000, to remain available until expended,
to provide disaster assistance pursuant to section 312(a) of
the Magnuson-Stevens Fishery Conservation Management Act,
including compensation to fishermen for losses and equipment
damage, resulting from Hurricane Floyd and other recent
hurricanes and fishery disasters in the Long Island Sound
lobster fishery and the west coast groundfish fishery, and for
the repair of the National Oceanic and Atmospheric
Administration hurricane reconnaissance aircraft: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That of such amount, $13,300,000
shall be available only to the extent that an official budget
request for a specific dollar amount, 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.
DEPARTMENT OF STATE
International Commissions
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission, as authorized by treaties
between the United States and Canada or Great Britain,
$2,150,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent that an official budget request, 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.
Other
united states commission on international religious freedom
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $2,000,000, to remain available until expended:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request,
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.
RELATED AGENCY
Small Business Administration
disaster loans program account
For an additional amount for the cost of direct loans,
$15,500,000, to remain available until expended to subsidize
additional gross obligations for the principal amount of direct
loans: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974; and for direct administrative
expenses to carry out the disaster loan program, an additional
$25,400,000, to remain available until expended, which may be
transferred to and merged with appropriations for ``Salaries
and Expenses'': Provided further, That no funds shall be
transferred to and merged with appropriations for ``Salaries
and Expenses'' for indirect administrative expenses: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request,
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.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2201. For an additional amount for ``Operations,
Research, and Facilities'', for emergency expenses for
fisheries disaster relief pursuant to section 312(a) ofthe
Magnuson-Stevens Fishery Conservation and Management Act, as amended,
for the Pribilof Island and East Aleutian area of the Bering Sea,
$10,000,000 to remain available until expended: Provided, That in
implementing this section, the Secretary of Commerce shall make
$7,000,000 available for disaster assistance and $3,000,000 for Bering
Sea ecosystem research including $1,000,000 for the State of Alaska to
develop a cooperative research plan to restore the crab fishery:
Provided further, That the Secretary of Commerce declares a fisheries
failure pursuant to section 312(a) of the Magnuson-Stevens Fishery
Conservation and Management Act, as amended: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official budget
request for $10,000,000, 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.
Sec. 2202. For an additional amount for ``Operations,
Research, and Facilities'', $10,000,000 to provide emergency
disaster assistance for the commercial fishery failure
determined under section 308(b)(1) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(b)(1)) with respect to
the Northeast multispecies fishery, which shall be used to
support a voluntary fishing capacity reduction program in the
Northeast multispecies fishery that permanently revokes
multispecies, limited access fishing permits so as to obtain
the maximum sustained reduction in fishing capacity at the
least cost and in the minimum period of time and to prevent the
replacement of fishing capacity removed by the program:
Provided, That the entire amount made available in this section
is designated by Congress as an emergency requirement under
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request for $10,000,000, 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.
Sec. 2203. For an additional amount for the account
entitled ``Operations, Research, and Facilities'', to remain
available until expended, $7,000,000, of which $2,000,000 shall
be for studies relating to long-line interactions with sea
turtles in the North Pacific and commercial fishing activities
in the Northwest Hawaiian Islands, and of which $5,000,000
shall be for observer coverage for the Hawaiian long-line
fishery: Provided, That the entire amount in this section is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request for $7,000,000, 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.
Sec. 2204. North Pacific Marine Research Institute.--Public
Law 101-380, as amended, is further amended by--
(a) inserting after section 5007 the following new
section:
``SEC. 5008. NORTH PACIFIC MARINE RESEARCH INSTITUTE.
``(a) Institute Established.--The Secretary of Commerce
shall establish a North Pacific Marine Research Institute
(hereafter in this section referred to as the `Institute') to
be administered at the Alaska SeaLife Center by the North
Pacific Research Board.
``(b) Functions.--The Institute shall--
``(1) conduct research and carry out education and
demonstration projects on or relating to the North
Pacific marine ecosystem with particular emphasis on
marine mammal, sea bird, fish, and shellfish
populations in the Bering Sea and Gulf of Alaska
including populations located in or near Kenai Fjords
National Park and the Alaska Maritime National Wildlife
Refuge; and
``(2) lease, maintain, operate, and upgrade the
necessary research equipment and related facilities
necessary to conduct such research at the Alaska
SeaLife Center.
``(c) Evaluation and Audit.--The Secretary of Commerce may
periodically evaluate the activities of the Institute to ensure
that funds received by the Institute are used in a manner
consistent with this section. The Comptroller General of the
United States, and any of his or her duly authorized
representatives, shall have access, for purposes of audit and
examination, to any books, documents, papers, and records of
the Institute that are pertinent to the funds received and
expended by the Institute.
``(d) Status of Employees.--Employees of the Institute
shall not, by reason of such employment, be considered to be
employees of the Federal Government for any purpose.
``(e) Use of Funds.--No funds made available to carry out
this section may be used to initiate litigation, or for the
acquisition of real property (other than facilities leased at
the Alaska SeaLife Center). No more than 10 percent of the
funds made available to carry out subsection (b)(1) may be used
to administer the Institute.
``(f) Availability of Research.--The Institute shall
publish and make available to any person on request the results
of all research, educational, and demonstration projects
conducted by the Institute. The Institute shall provide a copy
of all research, educational, and demonstration projects
conducted by the Institute to the National Park Service, the
United States Fish and Wildlife Service, and the National
Oceanic and Atmospheric Administration.''; and
(b) in section 5006 by inserting at the end the following
new subsection:
``(c) Section 5008.--Amounts in the Fund shall be
available, without further appropriation and without fiscal
year limitation, to carry out section 5008(b), in an amount not
to exceed $5,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request 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.''.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$200,000,000, to remain available until expended, for emergency
rehabilitation and wildfire suppression activities: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That $100,000,000 shall be available
only to the extent that an official budget request for a
specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined by
such Act, is transmitted by the President to the Congress.
land acquisition
For an additional amount for ``Land Acquisition'',
$2,000,000, to remain available until expended, for acquisition
of additional lands known as the Douglas Tract on the Potomac
River in the State of Maryland, to be derived from the Land and
Water Conservation Fund: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$2,000,000 shall be available only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted by
the President to the Congress.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For an additional amount for ``Regulation and Technology'',
$9,821,000, to remain available until expended for the
regulatory program of the State of West Virginia, of which
$6,222,000, not subject to section 705(a) of the Surface Mining
Control and Reclamation Act, shall be available for regulatory
program enhancements for the surface mining regulatory program
of the State of West Virginia: Provided, That the balance of
the funds shall be made available to the State to augment
staffing and provide relative support expenses for the State's
regulatory program: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request for $9,821,000, 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.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
For an additional amount for ``National Forest System'' for
emergency expenses resulting from damages from wind storms,
$2,000,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request for a specific
dollar amount, that includes designation of the entire amount
of therequest as an emergency requirement as defined by such
Act, is transmitted by the President to the Congress.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$150,000,000, to remain available until expended, for emergency
rehabilitation, presuppression, and wildfire suppression:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That this amount shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of the
entire amount as an emergency requirement as defined by such
Act, is transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2301. Notwithstanding any other provision of law, the
Indian Health Service is authorized to improve municipal,
private or tribal lands with respect to the new construction of
the clinic for the community of King Cove, Alaska authorized
under section 353 of Public Law 105-277 (112 Stat. 2681-303).
Sec. 2302. From funds previously appropriated in Public Law
105-277 or other Interior and Related Agencies Appropriations
Acts under the heading ``Department of Energy, Fossil Energy
Research and Development'', the Secretary of Energy shall make
available within 30 days after enactment of this Act $750,000
for the purpose of executing proposal No. FT40770.
Sec. 2303. (a) Using funds appropriated by section 501(d)
of the Emergency Supplemental Appropriations Act, 1999 (Public
Law 106-31), the Secretary shall provide interim compensation
within 60 days of the date of the enactment of this Act to--
(1) Dungeness fishing vessel crew members eligible
for interim compensation under the existing National
Park Service program (64 Fed. Reg. 145);
(2) United States fish processors which have been
negatively affected by restrictions on fishing for
Dungeness crab in Glacier Bay National Park and which
previously received interim compensation; and
(3) Buy N Pack Seafoods, a United States fish
processor located in Hoonah, Alaska and which has been
severely and negatively impacted by restrictions on
fishing in Glacier Bay National Park, for estimated
1999 and 2000 losses based on an average net income
derived from processing product harvested from Glacier
Bay fisheries from 1995 through 1998.
Payments made to processors under paragraph (2) are intended to
compensate recipients for losses incurred in 2000 and shall not
exceed compensation provided for losses incurred in 1999. The
Park Service shall not delay the scheduled public involvement
process for the Glacier Bay compensation plan.
(b) The amount of final compensation paid to any entity
shall be reduced by the total dollar amount of any interim
compensation payments received.
(c) Funds appropriated for the purpose of making payments
authorized by section 123(b) of the Department of the Interior
and Related Agencies Appropriations Act, 1999 (section 101(e)
of division A of Public Law 105-277, as amended) shall also be
available for making payments authorized in subsection (c) of
that section.
CHAPTER 4
DEPARTMENT OF LABOR
Mine Safety and Health Administration
salaries and expenses
The matter under this heading in the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113) is amended by striking
``including not to exceed $750,000 may be collected by the
National Mine Health and Safety Academy'' and inserting ``and,
in addition, not to exceed $750,000 may be collected by the
National Mine Health and Safety Academy''.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For ``Health Resources and Services'' for special projects
of regional and national significance under section 501(a)(2)
of the Social Security Act, $20,000,000, which shall become
available on October 1, 2000, and shall remain available until
September 30, 2001: Provided, That such amount shall not be
counted toward compliance with the allocation required in
section 502(a)(1) of such Act: Provided further, That such
amount shall be used only for making competitive grants to
provide abstinence education (as defined in section 510(b)(2)
of such Act) to adolescents and for evaluations (including
longitudinal evaluations) of activities under the grants and
for Federal costs of administering the grant: Provided further,
That such grants shall be made only to public and private
entities which agree that, with respect to an adolescent to
whom the entities provide abstinence education under such
grant, the entities will not provide to that adolescent any
other education regarding sexual conduct, except that, in the
case of an entity expressly required by law to provide health
information or services the adolescent shall not be precluded
from seeking health information or services from the entity in
a different setting than the setting in which the abstinence
education was provided: Provided further, That the funds
expended for such evaluations may not exceed 2.5 percent of
such amount.
For an additional amount for ``Health Resources and
Services'', $3,000,000 to remain available until September 30,
2001, for renovation and construction of a children's
psychiatric services facility in Wading River, New York:
Provided, That the entire amount is hereby designated by the
Congress to be an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount provided shall be made available only after
submission to the Congress of a formal budget request by the
President 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.
Centers for Disease Control and Prevention
disease control, research, and training
(including transfer of funds)
For an additional amount for ``Disease Control, Research,
and Training'', $12,000,000 for international HIV/AIDS
programs, to remain available until September 30, 2001:
Provided, That the entire amount is hereby designated by the
Congress to be an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount provided shall be made available only after
submission to the Congress of a formal budget request by the
President 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.
For an additional amount for ``Disease Control, Research,
and Training'', $460,000, to be derived by transfer from the
amount made available for fiscal year 2000 for ``Health
Resources and Services Administration-Health Resources and
Services'' for construction and renovation of health care and
other facilities.
Administration for Children and Families
payments to states for foster care and adoption assistance
For an additional amount for ``Payments to States for
Foster Care and Adoption Assistance'' for payments for fiscal
year 2000, $35,000,000.
low income home energy assistance
For an additional amount for ``Low Income Home Energy
Assistance'' for emergency assistance under section 2602(e) of
the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C.
8621(e)), $600,000,000, to remain available until expended:
Provided, That the entire amount is hereby designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That this
amount shall be available only to the extent an official budget
request for a specific dollar amount that includes designations
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.
refugee and entrant assistance
Funds appropriated under this heading in the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113) for fiscal year 2000,
pursuant to section 414(a) of the Immigration and Nationality
Act, shall be available for the costs of assistance provided
and other activities through September 30, 2002.
Administration on Aging
aging services programs
The matter under this heading in the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113) is amended by inserting after
``$934,285,000'' the following:``, of which $2,200,000 shall be
for the Anchorage, Alaska Senior Center, and shall remain available
until expended''.
Office of the Secretary
general departmental management
(rescission)
Of the amounts appropriated under this heading in title II
of the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2000 (as
enacted into law by section 1000(a)(4) of Public Law 106-113),
$20,000,000 is rescinded: Provided, That the amount rescinded
is from the amount designated to become available on October 1,
2000, and to remain available until September 30, 2001.
public health and social services emergency fund
(including rescission)
For an additional amount for ``Public Health and Social
Services Emergency Fund'', $31,200,000, to remain available
until expended for the National Pharmaceutical Stockpile:
Provided, That the entire amount is hereby designated by the
Congress to be an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount provided shall be made available only after
submission to the Congress of a formal budget request by the
President 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.
In addition, $43,200,000 of the funds appropriated under
this heading in the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2000 (as enacted into law by section 1000(a)(4) of Public
Law 106-113) is hereby rescinded: Provided, That of such
rescission, $12,000,000 shall be derived from the amount
specified under such heading for international HIV/AIDS
programs; and $31,200,000 shall be derived from the amount
specified under such heading for activities related to
countering potential biological, disease and chemical threats
to civilian populations.
General Provision--Department of Health and Human Services
Sec. 2401. Section 206 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113) is amended by inserting
before the period at the end the following: ``: Provided
further, That this section shall not apply to funds
appropriated under the heading `Centers for Disease Control and
Prevention--Disease Control, Research, and Training', funds
made available to the Centers for Disease Control and
Prevention under the heading `Public Health and Social Services
Emergency Fund', or any other funds made available in this Act
to the Centers for Disease Control and Prevention''.
DEPARTMENT OF EDUCATION
special education
The matter under this heading in the Department of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113 is amended by inserting after
the words ``Salt Lake City Organizing Committee'' the words ``,
or a governmental agency or not-for-profit organization
designated by the Salt Lake City Organizing Committee''.
vocational and adult education
The matter under this heading in the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113) is amended by striking
``$858,150,000'' and inserting ``$882,650,000'', and by
striking the last proviso, and inserting ``Provided further,
That of the funds provided to become available on July 1, 2000,
$19,000,000 shall be for Youth Offender Grants, of which
$5,000,000 shall be used in accordance with section 601 of
Public Law 102-73 as that section was in effect prior to the
enactment of Public Law 105-220.''.
higher education
Funds appropriated under this heading in Public Law 105-78
to carry out title X-E of the Higher Education Act shall be
available for obligation by the states through September 30,
2000, and funds appropriated under this heading in Public Law
105-277 to carry out title VIII-D of the Higher Education
Amendments of 1998 shall be available for obligation by the
states through September 30, 2001.
For an additional amount for ``Higher Education'' for
carrying out part B of title VII of the Higher Education Act of
1965, $750,000, to remain available until expended, which shall
be awarded to the College of New Jersey, in Ewing, New Jersey,
for creation of a center for inquiry and design-based learning
in mathematics, science and technology education: Provided,
That the entire amount is hereby designated by the Congress to
be an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount provided
shall be made available only after submission to the Congress
of a formal budget request by the President that includes
designation of the entire amount of the request as an emergency
requirement as defined in theBalanced Budget and Emergency
Deficit Control Act of 1985, as amended.
education research, statistics, and improvement
(including transfer of funds)
The matter under this heading in the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113) is amended--
(1) by striking ``North Babylon Community Youth
Services for an educational program'' and inserting
``Town of Babylon Youth Bureau for an educational
program'';
(2) by striking ``to promote participation among
youth in the United States democratic process'' and
inserting ``to expand access to and improve advanced
education'';
(3) by striking ``$500,000 shall be awarded to
Shedd Aquarium/Brookfield Zoo for science education/
exposure programs for local elementary school
students'' and inserting ``$500,000 shall be awarded to
Shedd Aquarium/Brookfield Zoo for science education
programs for local school students'';
(4) by striking ``Oakland Unified School District
in California for an African American Literacy and
Culture Project'' and inserting ``California State
University, Hayward, for an African-American Literacy
and Culture Project carried out in partnership with the
Oakland Unified School District in California''; and
(5) by striking ``$900,000 shall be awarded to the
Boston Music Education Collaborative comprehensive
interdisciplinary music program and teacher resource
center in Boston, Massachusetts'' and inserting
``$462,000 shall be awarded to the Boston Symphony
Orchestra for the teacher resource center and $370,000
shall be awarded to the Boston Music Education
Collaborative for an interdisciplinary music program,
in Boston, Massachusetts''.
For an additional amount for ``Education Research,
Statistics, and Improvement'' to carry out part A of title X of
the Elementary and Secondary Education Act of 1965, $368,000,
to be derived by transfer from the amount made available for
fiscal year 2000 for ``Health Resources and Services
Administration--Health Resources and Services'' for
construction and renovation of health care and other
facilities: Provided, That such amount shall be awarded to the
George Mason University Center for Services to Families and
Schools to expand a program for schools and families of
children suffering from attentional, cognitive, and behavioral
disorders.
RELATED AGENCIES
Social Security Administration
limitation on administrative expenses
For an additional amount for ``Limitation on Administrative
Expenses'', $35,000,000, to be available through September 30,
2001: Provided, That the entire amount is hereby designated by
the Congress to be an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount provided shall be made available only after
submission to the Congress of a formal budget request by the
President 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.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2402. Section 513 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113) is amended by inserting
before the period at the end the following: ``: Provided
further, That the provisions of this section shall not apply to
any funds appropriated to the Centers for DiseaseControl and
Prevention or to the Department of Education''.
Sec. 2403. Section 403(a)(5) of the Social Security Act (42
U.S.C. 603(a)(5)), as amended by section 806(b) of the
Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 2000 (as enacted into
law by section 1000(a)(4) of Public Law 106-113) is amended--
(1) in subparagraph (F), by striking ``$1,500,000''
and inserting ``$15,000,000'';
(2) in subparagraph (G), by striking ``$900,000''
and inserting ``$9,000,000''; and
(3) in subparagraph (H), by striking ``$300,000''
and inserting ``$3,000,000''.
Sec. 2404. (a) The Workforce Investment Act of 1998 (20
U.S.C. 2841) is amended--
(1) in section 503--
(A) by striking ``under Public Law 88-210
(as amended; 20 U.S.C. 2301 et seq.)'' each
place it appears and inserting ``under Public
Law 105-332 (20 U.S.C. 2301 et seq.)''; and
(B) by adding at the end the following:
``(d) Notwithstanding any other provision of this section,
for fiscal year 2000, the Secretary shall not consider the
expected levels of performance under Public Law 105-332 (20
U.S.C. 2301 et seq.) and shall not award a grant under
subsection (a) based on the levels of performance for that
Act.''.
(b) Section 111 (a)(1)(C) of the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2321) is amended
by striking ``fiscal years 2000'' and inserting ``fiscal years
2001''.
Sec. 2405. Of the funds made available in the Departments
of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113) for section 10105 of
part A of title X of the Elementary and Secondary Education Act
of 1965, $2,250,000 of the amount appropriated shall be
available October 1, 1999 for evaluation, technical assistance,
and school networking activities, and up to 1 percent of the
amount appropriated shall be available October 1, 1999, for
peer review of applications.
Sec. 2406. Section 508(f)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 794d(f)(1)) is amended--
(1) in subparagraph (A), by striking ``Effective''
and all that follows through ``1998,'' and inserting
``Effective 6 months after the date of publication by
the Access Board of final standards described in
subsection (a)(2),''; and
(2) in subparagraph (B), by striking ``2 years''
and all that follows and inserting ``6 months after the
date of publication by the Access Board of final
standards described in subsection (a)(2).''.
Sec. 2407. For an additional amount for ``Health Resources
and Services Administration, Health Resources and Services'',
$3,500,000, for the Saint John's Lutheran Hospital in Libby,
Montana, for construction and renovation of health care and
other facilities and an additional amount for the ``Economic
Development Administration'', $8,000,000, only for a grant to
the City of Libby, Montana, such amount to be transferred to
the City upon its request, notwithstanding the provisions of
any other law and without any local matching share or award
conditions: Provided, That the entire amounts in this section
are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amounts provided within this section
shall be available only to the extent an official budget
request that includes designation of the entire amounts 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.
CHAPTER 5
LEGISLATIVE BRANCH
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
fire safety
For an additional amount for the Architect of the Capitol
for expenses for fire safety, $17,480,000, to remain available
until expended, of which $7,039,000 shall be for ``Capitol
Buildings and Grounds--Capitol Buildings--Salaries and
Expenses''; $2,314,000 shall be for ``Senate Office
Buildings''; $4,213,000 shall be for ``House Office
Buildings''; $3,000 shall be for ``Capitol Power Plant'';
$26,000 shall be for ``Botanic Garden--Salaries and Expenses'';
and $3,885,000 shall be for ``Architect of the Capitol--Library
Buildings and Grounds--Structural and Mechanical Care'':
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2501. Section 127(e)(1) of division A of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277; 19 U.S.C. 2213 note) is amended by
striking ``12 months'' and insert ``15 months''.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Coast Guard
acquisition, construction, and improvements
(including rescission of funds)
For an additional amount for ``Acquisition, construction,
and improvements'', $45,000,000 shall be available until
expended for acquisition of one C-37A command and control
aircraft: Provided, That the Commandant of the Coast Guard
shall sell the current VC-11A command and control aircraft and
credit the proceeds from that sale as offsetting collections to
the appropriation under this heading: Provided further, That
such proceeds may not be obligated without further
appropriation: Provided further, That of the available balances
under this heading from previous appropriations Acts,
$11,400,000 are rescinded.
Federal Aviation Administration
operations
(airport and airway trust fund)
For an additional amount for ``Operations'', $75,000,000,
to be derived from the Airport and Airway Trust Fund and to be
available until September 30, 2001: Provided, That the entire
amount under this heading is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request
for $75,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined by such
Act, is transmitted by the President to the Congress.
RELATED AGENCY
National Transportation Safety Board
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$19,739,000, for emergency expenses associated with the
investigation of the Egypt Air 990 and Alaska Air 261
accidents, to remain available until expended: Provided, That
such funds shall be available for wreckage location and
recovery facilities, technical support, testing, and wreckage
mock-up: Provided further, That in the event the Arab Republic
of Egypt reimburses the National Transportation Safety Board
for wreckage location and recovery, family assistance, and
interagency expenses, the Secretary of the Treasury shall
reduce the appropriation under this heading by an amount equal
to the reimbursement, less $5,000,000: Provided further, That
the Secretary of the Treasury shall not credit the
appropriation under this heading with a reimbursement in excess
of $8,983,000: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2601. Notwithstanding any other provision of law, of
the funds available under section 104(a) of title 23, United
States Code, $1,200,000 shall be available for the Paso Del
Norte International Bridge in the state of Texas; $9,000,000
shall be available for the US 82 Mississippi River Bridge in
the state of Mississippi; $2,000,000 shall be available for the
Union Village/Cambridge Junction bridges in the state of
Vermont; $5,000,000 shall be available for the Naheola Bridge
in the state of Alabama; $3,000,000 shall be available for the
Hoover Dam Bypass in the states of Arizona and Nevada;
$3,000,000 shall be available for the Witt-Penn Bridge in the
state of New Jersey; and $12,000,000 shall be available for the
Florida Memorial Bridge in the state of Florida.
Sec. 2602. Of the funds transferred to the Department of
Transportation for Year 2000 conversion of Federal information
technology systems and related expenses pursuant to Public Law
105-277, $26,600,000 of the unobligated balance are hereby
rescinded: Provided, That the Department of Transportation
shall allocate this rescission among the appropriate accounts
within the Department and report such allocation to the House
and Senate Committees on Appropriations.
Sec. 2603. (a) The Administrator of the Environmental
Protection Agency shall make a grant for the purpose of
carrying out the first year of a 2-year program to implement in
five metropolitan areas pilot design programs developed under
section 365(a)(2) of the Department of Transportation and
Related Agencies Appropriations Act, 2000 (113 Stat. 1028-
1029).
(b) The Administrator shall ensure that each pilot design
program is implemented in accordance with recommendations
developed by the National Telecommuting and Air Quality
Steering Committee, in consultation with the local design
teams.
(c) Grants received under subsection (a) may be used for--
(1) protocol development in the five metropolitan
areas;
(2) marketing of the telecommute, emissions
reduction, pollution credits strategy and recruitment
of participating employers; and
(3) data gathering on emissions reductions.
(d) In addition to the grant under subsection (a), for the
purpose of carrying out the second year of the 2-year program
referred to in subsection (a), the Administrator shall--
(1) make a grant of $750,000 to the National
Environmental Policy Institute (a nonprofit private
entity incorporated under the laws of and located in
the District of Columbia); and
(2) make grants totaling $1,250,000 to local
agencies within the five metropolitan areas referred to
in subsection (a).
(e) Not later than 360 days from first day of the second
year of the 2-year program referred to in subsection (a), the
Administrator shall transmit to Congress a report on the
results of the program.
(f) The Administrator shall carry out this section in
collaboration with the Secretary of Transportation.
(g) There is appropriated to the Department of
Transportation, ``Office of the Assistant Secretary for
Policy'', $2,000,000 to carry out this section. Such amounts
shall be transferred to and administered by the Environmental
Protection Agency and shall remain available until expended:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request for a
specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined by
such Act, is transmitted by the President to the Congress.
Sec. 2604. Notwithstanding any other provision of law,
hereafter, funds apportioned under section 104(b)(3) of title
23 which are applied to projects involving the elimination of
hazards of railway-highway crossings, including the separation
or protection of grades at crossings, the reconstruction of
existing railroad grade crossing structures, and the relocation
of highways to eliminate grade crossings, may have a Federal
share up to 100 percent of the cost of construction.
Sec. 2605. Notwithstanding any other provision of law, for
necessary expenses for planning, preliminary engineering and
design of the Metro-North Danbury to Norwalk commuter rail line
re-electrification project, $2,000,000, to be derived from the
Mass Transit Account of the Highway Trust Fund and to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted by
the President to the Congress.
Sec. 2606. Notwithstanding any other provision of law, for
necessary expenses for the Second Avenue Subway in New York
City, New York, $3,000,000, to be derived from the Mass Transit
Account of the Highway Trust Fund and to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined by such Act, is transmitted by the
President to the Congress.
Sec. 2607. Notwithstanding any other provision of law, for
necessary expenses relating to a study of improvements to
Highway 8, from the Minnesota border to Highway 51 in the state
of Wisconsin, $500,000, to be derived from the Highway Account
of the Highway Trust Fund and to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined by such Act, is transmitted by the
President to the Congress.
Sec. 2608. Notwithstanding any other provision of law, for
necessary expenses relating to construction of, and
improvements to, Halls Mill Road in Monmouth County, New
Jersey, $1,000,000, to be derived from the Highway Account of
the Highway Trust Fund and to remain available until expended:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request for a
specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined by
such Act, is transmitted by the President to the Congress.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For an additional amount, $24,900,000 for the Secretary of
the Treasury to establish and operate an in-service firearms
training facility for the United States Customs Service and
other agencies, to remain available until expended: Provided,
That the Secretary is authorized to designate a lead agency to
oversee the development, implementation and operation of the
facility and to conduct training: Provided further, That the
land identified as the Sleepy Hollow Partnership and Marcus
Enterprises tract (44,-R), Harpers Ferry Magisterial District,
Jefferson County, West Virginia, together with a forty-five
foot right-of-way over the lands of Valley Blox, Inc. as
described in the deed from Joel T. Broyhill Enterprises, Inc.
to Sleepy Hollow Partnership, et al., in a Deed dated March 29,
1989, and recorded in the Jefferson County Clerk's Office in
Deed Book 627, Page 494, originally acquired by the United
States Fish and Wildlife Service as a proposed site for a
training center but not selected for that purpose and presently
held by the United States Fish and Wildlife Service in an
administrative capacity, shall be managed by the National Park
Service pursuant to a cooperative management agreement between
the United States Fish and Wildlife Service and the National
Park Service, consistent with the laws (including regulations)
generally applicable to the National Park Service: Provided
further, That administrative jurisdiction of a suitable portion
of said land that is necessary for the creation of a Department
of the Treasury training facility, to be identified by the
National Park Service, shall be transferred under a lease-type
arrangement at no cost within 120-days of the date of the
enactment of this Act to the Department of the Treasury for
such time as required by the Department of the Treasury:
Provided further, That the training to be conducted at the
facility shall be configured in a manner so that it does not
duplicate or displace any Federal law enforcement program of
the Federal Law Enforcement Training Center: Provided further,
That training currently being conducted at a Federal Law
Enforcement Training Center facility shall not be moved to the
new training facility: Provided further, That at such time as
the land is no longer required for training purposes,
administrative jurisdiction shall be transferred back to the
Department of the Interior in a manner and condition acceptable
to the Department of the Interior: Provided further, That the
total amount made available under this section is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an
official budget request that includes designation of the entire
amount 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.
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount into the account
established under section 3113(d) of title 31, United States
Code, to reduce the public debt, $4,000,000,000: Provided, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the extent
that an official budget request, 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, is transmitted by the President to the Congress.
United States Secret Service
salaries and expenses
For an additional amount for ``Salaries and Expenses''
related to planning, coordination and implementation of
security for national special security and major protective
events, $10,000,000: Provided, That the entire amount in this
section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent that an official budget request for a
specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined by
such Act, is transmitted by the President to the Congress.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Office of Administration
information technology
For necessary expenses of the Office of Administration for
restoration and reconstruction of certain electronic mail
messages and for inclusion of such messages in the Automated
Records Management System, $8,400,000, which shall remain
available until September 30, 2002: Provided, That such funds
may not be obligated until the Office of Administration submits
to the Committees on Appropriations an independent verification
and validation of the initial and projected costs of the tape
restoration and reconstruction project: Provided further, That
such submission shall include the final report prepared by the
independent verification and validation contractor to the
Office of Administration relating to the initial and projected
cost estimates: Provided further, That the entire amount in
this section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent that an official budget request for a
specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined by
such Act, is transmitted by the President to the Congress.
INDEPENDENT AGENCIES
General Services Administration
policy and operations
For an additional amount, $3,300,000 to remain available
until expended for the Salt Lake 2002 Winter Olympic and
Paralympic Games doping control program: Provided, That the
entire amount in this section is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as
defined by such Act, is transmitted by the Presdient to the
Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2701. Notwithstanding section 1345 of title 31, United
States Code, or section 610 of the Treasury and General
Government Appropriations Act, 2000 (Public Law 106-58; 113
Stat. 467), funds made available for fiscal year 2000 for any
other department or agency of the Federal Government with
authority to conduct counterdrug intelligence activities may be
available to finance an appropriate share of the administrative
costs incurred by the Department of Justice for the Counterdrug
Intelligence Executive Secretariat authorized by the General
Counterdrug Intelligence Plan of February 12, 2000, except that
the total amount that may be used under this section for such
purpose shall not exceed $1,100,000.
Sec. 2702. (a) The unobligated balance as of September 30,
2000, of funds appropriated under the heading ``Internal
Revenue Service, Information Technology Investments'' in the
Treasury Department Appropriations Act, 1998, title I of Public
Law 105-61, is rescinded.
(b) Subsection (a) shall be effective September 30, 2000.
(c) The amount rescinded pursuant to subsection (a) is
appropriated for the capital asset acquisition of information
technology systems, including management and related
contractual costs of said acquisitions, including contractual
costs associated with operations authorized by 5 U.S.C. 3109,
which shall be available through September 30, 2001: Provided,
That none of these funds shall be obligated until the Internal
Revenue Service submits to Congress and Congress approves a
plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the
Office of Management and Budget, including OMB Circular A-11
part 3; (2) complies with the Internal Revenue Service's
enterprise architecture, including the modernization blueprint;
(3) conforms with the Internal Revenue Service's enterprise
life cycle methodology; (4) is approved by the Internal Revenue
Service, the Department of the Treasury, and the Office of
Management and Budget; (5) has been reviewed by the General
Accounting Office; and (6) complies with the acquisition rules,
requirements, guidelines, and systemsacquisition management
practices of the Federal Government.
Sec. 2703. Restoration of Medicare Trust Funds. (a)
Correction of Trust Fund Holdings.--
(1) In general.--Within 120 days after the
effective date of this Act, the Secretary of the
Treasury shall take the actions described in paragraph
(2) with respect to each trust fund with the goal being
that, after the actions are taken, the holdings of the
trust fund will replicate, to the extent practicable in
the judgement of the Secretary of the Treasury, in
consultation with the Secretary of Health and Human
Services, the obligations that would have been held by
the trust fund if the clerical error had not occurred.
(2) Obligations issued and redeemed.--The Secretary
of the Treasury shall--
(A) issue to each trust fund obligations
under chapter 31 of title 31, United States
Code, that bear issue dates, interest rates,
and maturity dates as the obligations that--
(i) would have been issued to the
trust fund if the clerical error had
not occurred; or
(ii) were issued to the trust fund
and were redeemed by reason of the
clerical error; and
(B) redeem from each trust fund obligations
that--
(i) would not have been issued to
the trust fund if the clerical error
had not occurred; or
(ii) would have been redeemed from
the trust fund if the clerical error
had not occurred.
(b) Correction of Interest Income.--
(1) Transfer of excess interest income.--Within 120
days after the effective date of this Act, the
Secretary of the Treasury shall transfer from the
Federal Hospital Insurance Trust Fund to the Federal
Supplementary Medical Insurance Trust Fund an amount
determined by the Secretary of the Treasury, in
consultation with the Secretary of Health and Human
Services, to be equal to the amount of interest income
that was credited to the Federal Hospital Insurance
Trust Fund that would not have been credited if the
clerical error had not occurred.
(2) Credit of lost interest income.--Within 120
days after the effective date of this Act, there is
hereby appropriated to the Federal Supplementary
Medical Insurance Trust Fund, out of any money in the
Treasury not otherwise appropriated, an amount
determined by the Secretary of the Treasury, in
consultation with the Secretary of Health and Human
Services, to be equal to the difference between--
(A) the interest income lost by that trust
fund through the date of credit by reason of
the clerical error; and
(B) the amount transferred to that trust
fund under paragraph (1).
(c) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Clerical error.--The term ``clerical error''
means the erroneous transfers of moneys between the
investment accounts and uninvested transfer accounts of
the trust funds that occurred in the fiscal year ending
September 30, 1999, as described in the Department of
Health and Human Services' ``Accountability Report for
Fiscal Year 1999: Federal Managers Financial Integrity
Act Report on Systems and Controls''.
(2) Trust fund.--The term ``trust fund'' means
either the Federal Hospital Insurance Trust Fund or the
Federal Supplementary Medical Insurance Trust Fund.
Sec. 2704. (a) In General.--Of the amounts provided to the
Office of National Drug Control Policy for fiscal year 2000,
pursuant to section 237 of H.R. 3425 of the 106th Congress, as
enacted into law by section 1000(a)(5) of Public Law 106-113,
the Director of such Office shall make a direct payment of
$3,000,000 to the United States Olympic Committee for the
conduct of anti-doping activities through the United States
Anti-Doping Agency.
(b) Direct Payments.--Effective on the date of the
enactment of this Act, the Director of the Office of National
Drug Control Policy is authorized and directed to make a direct
payment to the United States Olympic Committee for the conduct
of anti-doping activities through the United States Anti-Doping
Agency.
Sec. 2705. (a) The unobligated balance as of September 30,
2000, of funds transferred to the United States Secret Service
pursuant to the second sentence of section 240 of H.R. 3425 of
the 106th Congress, as enacted into law by section 1000(a)(5)
of Public Law 106-113, is rescinded.
(b) Subsection (a) shall be effective September 30, 2000.
(c) The amount rescinded pursuant to subsection (a) is
appropriated to the United States Secret Service for salaries
and expenses, to remain available until September 30, 2001.
Sec. 2706. Of the amounts provided in Public Law 106-58 in
the Policy and Operations account, the General Services
Administration is hereby authorized to provide $225,000, to
remain available until expended, for the Nebraska State Patrol
Digital Distance Learning project.
CHAPTER 8
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development block grants
The referenced statement of the managers in the sixth
undesignated paragraph under this heading in title II of Public
Law 106-74 is deemed to be amended by striking ``Montgomery''
in reference to the planning and construction of a regional
learning center at Spring Hill College, and inserting
``Mobile''.
The referenced statement of the managers in the fourth
undesignated paragraph under this heading in title II of Public
Law 106-74 for neighborhood initiatives for specified grants to
the City of Yankton, South Dakota, for the restoration of the
downtown area and the development of the Fox Run Industrial
Park is deemed to be amended by adding after the word ``Park''
the following: ``and for activities to facilitate economic
development, including infrastructure improvements''.
For an additional amount for targeted economic development
initiatives under the Community Development Block Grants
program, $27,500,000: Provided, That the statement of the
managers accompanying Public Law 106-74 is deemed to be amended
to include in the description of targeted economic development
initiatives the following:
``--$1,300,000 to the City of Park Falls, Wisconsin
for economic development, including purchase of
municipal equipment and infrastructure improvements in
industrial parks and the City of Park Falls;
``--$250,000 to the Lake Superior BTC cultural
center in Washburn, Wisconsin for restoration of
facilities and equipment destroyed by fire;
``--$900,000 to the City of Hatley, Wisconsin for
the cost of water, wastewater and sewer system
improvements;
``--$50,000 to the City of Hamlet, North Carolina
for demolition and removal of buildings and equipment
destroyed by fire; and
``--$25,000,000 to the City of Youngstown, Ohio for
site acquisition, planning, architectural design, and
construction of a convocation and community center.'':
Provided, That the entire amount under this paragraph shall be
available only to the extent that an official budget request
for a specific dollar amount, 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 the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
home investment partnerships program
For an additional amount for the HOME investment
partnerships program, as authorized under title II of the
Cranston-Gonzalez National Affordable Housing Act (Public Law
101-625), as amended, $36,000,000: Provided, That of said
amount, $11,000,000 shall be provided to the New Jersey
Department of Community Affairs and $25,000,000 shall be
provided to the North Carolina Housing Finance Agency for the
purpose of providing temporary assistance in obtaining rental
housing, and for construction of affordable replacement
housing: Provided further, That assistance provided under this
paragraph shall be for very low-income families displaced by
floodingcaused by Hurricane Floyd and surrounding events:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to the
extent that an official budget request for a specific dollar amount,
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.
homeless assistance grants
Of the amounts made available under this heading in title
II of Public Law 106-74, the Secretary of Housing and Urban
Development shall, for each request described in the following
proviso, make a 1-year grant to the entity making the request
in the amount under the second proviso: Provided, That a
request described in this proviso is a request for a grant
under subtitle C of title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11381 et seq.) for permanent
housing for homeless persons with disabilities or subtitle F of
such title (42 U.S.C. 11403 et seq.) that: (1) was submitted in
accordance with the eligibility requirements established by the
Secretary and pursuant to the notice of funding availability
for fiscal year 1999 covering such programs, but was not
approved; (2) was made by an entity that received such a grant
pursuant to the notice of funding availability for a previous
fiscal year; and (3) requested renewal of funding made under
such previous grant for use for eligible activities because
funding under such previous grant expires during calendar year
2000: Provided further, That the amount under this proviso is
the amount necessary, as determined by the Secretary, to renew
funding for the eligible activities under the grant request for
a period of only 1 year, taking into consideration the amount
of funding requested for the first year of funding under the
grant request: Provided further, That in the third proviso
under this heading in Public Law 106-74, insert ``and
management and information systems'' after ``technical
assistance''.
Management and Administration
salaries and expenses
The Secretary of Housing and Urban Development is
prohibited from using any funds in Public Law 106-74 or any
other Act to employ more than 9,100 full-time equivalent
employees at the Department of Housing and Urban Development in
fiscal year 2000.
office of inspector general
(including rescission of funds)
Of the amounts made available under this heading in Public
Law 106-74, $6,000,000 provided for the ``Office of Inspector
General'' is rescinded. For an additional amount for the
``Office of Inspector General'', $6,000,000, to remain
available until September 30, 2001: Provided, That these funds
shall be made available under the same terms and conditions as
authorized for the funds under this heading in Public Law 106-
74.
INDEPENDENT AGENCIES
Corporation for National and Community Service
national and community service programs
operating expenses
(rescission of funds)
Of the amounts available in the National Service Trust
account from previous appropriations Acts, $1,000,000 shall be
rescinded.
office of inspector general
For an additional amount for the ``Office of Inspector
General'' for reviews and audits of the State Commissions on
National and Community Service (including alternative
administrative entities) established under section 178 of the
National and Community Service Act of 1990 (42 U.S.C. 12638),
$1,000,000, to remain available until September 30, 2001.
Environmental Protection Agency
environmental programs and management
(including transfer of funds)
Of the amount appropriated under this heading in title III
of Public Law 106-74, $2,374,900, in addition to amounts made
available for the following in prior Acts, shall be and have
been available to award grants for work on the Buffalo Creek
and other New York watersheds and for aquifer protection work
in and around Cortland County, New York, including work on the
Upper Susquehanna watershed.
Of the amount appropriated under this heading in title III
of Public Law 105-276 to establish a regional environmental
data center and to develop an integrated, automated water
quality monitoring and information system for watersheds
impacting Chesapeake Bay, $2,600,000 shall be transferred to
the ``State and tribal assistance grants'' account to remain
available until expended for grants for wastewater and sewer
infrastructure improvements for Smithfield Township, Monroe
County ($800,000); the Municipal Authority of the Borough of
Milford, Pike County ($800,000); the City of Carbondale,
Lackawanna County ($200,000); Throop Borough, Lackawanna County
($200,000); and Dickson City, Lackawanna County ($600,000),
Pennsylvania.
None of the funds made available for fiscal years 2000 and
2001 for the Environmental Protection Agency may be used to
make a final determination on or implement any new rule
relative to the Proposed Revisions to the National Pollutant
Discharge Elimination System Program and Federal
Antidegradation Policy and the Proposed Revisions to the Water
Quality Planning and Management Regulations Concerning Total
Maximum Daily Load, published in the Federal Register on August
23, 1999.
state and tribal assistance grants
The referenced statement of the managers under this heading
in title III of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations
Act, 2000 (Public Law 106-74), is deemed to be amended by
striking ``in the town of Waynesville'' in reference to water
and wastewater infrastructure improvements as identified in
project number 102, and by inserting ``Haywood County''; by
adding the words ``for the Fourpole Pumping Station'' after the
word ``improvements'' in reference to water and wastewater
infrastructure improvements as identified in project number
135; and by striking the words ``at the West County Wastewater
Treatment Plant'' in reference to wastewater infrastructure
improvements within the Metropolitan Sewer District at
Louisville, Kentucky as identified in project number 50.
Federal Emergency Management Agency
disaster relief
Of the unobligated balances made available under the second
paragraph under this heading in Public Law 106-74, in addition
to other amounts made available, up to $50,000,000 may be used
by the Director of the Federal Emergency Management Agency for
the buyout or elevation of properties which are principal
residences that have been made uninhabitable by floods in areas
which were declared Federal disasters in fiscal years 1999 and
2000: Provided, That such properties are located in a 100-year
floodplain: Provided further, That no homeowner may receive any
assistance for buyouts in excess of the pre-flood fair market
value of the residence (reduced by any proceeds from insurance
or any other source paid or owed as a result of the flood
damage to the residence): Provided further, That each state
shall ensure that there is a contribution from non-Federal
sources of not less than 25 percent in matching funds (other
than administrative costs) for any funds allocated to the State
for buyout assistance: Provided further, That all buyouts under
this section shall be subject to the terms and conditions
specified under 42 U.S.C. 5170c(b)(2)(B): Provided further,
That none of the funds made available for buyouts under this
paragraph may be used in any calculation of a State's section
404 allocation: Provided further, That the Director shall
report quarterly to the House and Senate Committees on
Appropriations on the use of all funds allocated under this
paragraph and certify that the use of all funds are consistent
with all applicable laws and requirements: Provided further,
That no funds shall be allocated for buyouts under this
paragraph except in accordance with regulations promulgated by
the Director: Provided further, That the entire amount shall be
available only to the extent an official budget request, that
includes designation of the entire amount of the request as an
emergency requirement as defined by 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 the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
National Aeronautics and Space Administration
science, aeronautics and technology
For an additional amount for ``Science, aeronautics and
technology'', $1,500,000, to remain available until September
30, 2001: Provided, That the entire amount shall be available
only to the extent an official budget request, that includes
designation of the entire amount of the request as an emergency
requirement as defined by 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 the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2801. Title V, subtitle C, section 538 of Public Law
106-74, is amended by striking ``during any period that the
assisted family continues residing in the same project in which
the family was residing on the date of the eligibility event
for the project, if'' and inserting the following: ``the
assisted family may elect to remain in the same project in
which the family was residing on the date of the eligibility
event for the project, and if, during any period the family
makes such an election and continues to so reside,''.
Sec. 2802. Section 175 of Public Law 106-113 is amended by
striking ``as a grant for Special Olympics in Anchorage, Alaska
to develop the Ben Boeke Arena and Hilltop Ski Area,'' and
inserting the following ``to the Organizing Committee for the
2001 Special Olympics World Winter games to be used in support
of related activities in Alaska,''.
Sec. 2803. (a) Technical Revision to Public Law 106-74.--
Title II of Public Law 106-74 is amended--
(1) under the heading ``Urban Empowerment Zones'',
by striking ``$3,666,000'' and inserting
``$3,666,666''; and
(2) under the heading ``Community Development Block
Grants'' under the fourth undesignated paragraph, by
striking ``$23,000,000'' and inserting ``$22,750,000''.
(b) Technical Revision to Public Law 106-113.--Section
242(a) of Appendix E of Public Law 106-113 is amended--
(1) by striking ``seventh'' and inserting
``sixth''; and
(2) by striking ``$250,175,000'' and inserting
``$250,900,000''.
(c) Effective Dates.--The amendments made by--
(1) subsection (a) shall be construed to have taken
effect on October 20, 1999; and
(2) subsection (b) shall be construed to have taken
effect on November 29, 1999.
Sec. 2804. Section 235 Rescission. Section 208(3) of the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2000
is amended--
(1) by striking ``235(r)'' and inserting ``235'';
(2) by inserting after ``104 Stat. 2305)'' the
following: ``for payments under section 235(r) of the
National Housing Act''; and
(3) by striking ``for such purposes''.
CHAPTER 9
GENERAL PROVISION--THIS TITLE
Sec. 2901. For an additional amount for the District of
Columbia Metropolitan Police Department, $4,485,000 for the
reimbursement of certain costs incurred by the District of
Columbia as host of the International Monetary Fund and World
Bank Organization Spring Conference in April 2000: Provided,
That the entire amount shall be available only to the extent an
official budget request for $4,485,000, 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.
TITLE III--COUNTERNARCOTICS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $30,000,000, to remain available for obligation until
September 30, 2002: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount provided shall be available only to the
extent an official budget request 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.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $154,059,000, to remain
available for obligation until expended: Provided,That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
Secretary of Defense may transfer the funds provided herein only to
appropriations for military personnel; operation and maintenance;
procurement; research, development, test and evaluation; and working
capital funds: Provided further, That the funds transferred shall be
merged with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That no funds made available under this
heading may be obligated or expended for training, logistics support,
planning or assistance contracts for any overseas activity until 15
days after the Assistant Secretary of Defense, Special Operations and
Low-Intensity Conflict reports to the congressional defense committees
on the value, duration and purpose of such contracts.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3101. (a) Authority To Provide Support.--Of the amount
appropriated in this Act for the Department of Defense, not to
exceed $45,000,000 shall be available for the provision of
support for counter-drug activities of the Government of
Colombia. The support provided under this section shall be in
addition to support provided for counter-drug activities of the
Government of Colombia under any other provision of law.
(b) Types of Support.--The support that may be provided
using this section shall be limited to the types of support
specified in section 1033(c)(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1882). In addition, using unobligated balances from the
Department of Defense Appropriations Act, 1999 (Public Law 105-
262), the Secretary of Defense may transfer one light
observation aircraft to Colombia for counter-drug activities.
(c) Conditions on Provision of Support.--(1) The Secretary
of Defense may not obligate or expend funds appropriated in
this Act to provide support under this section for counter-drug
activities of the Government of Colombia until the end of the
15-day period beginning on the date on which the Secretary
submits the written certification for fiscal year 2000 pursuant
to section 1033(f)(1) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1882).
(2) The elements of the written certification submitted for
fiscal year 2000 described in section 1033(g) of that Act shall
apply to, and the written certification shall address, the
support provided under this section for counter-drug activities
of the Government of Colombia.
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Department of State
assistance for counternarcotics activities
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support Central and South
America and Caribbean counternarcotics activities,
$1,018,500,000, to remain available until expended: Provided,
That of the funds appropriated under this heading, not less
than $110,000,000 shall be made available for assistance for
Bolivia, of which not less than $85,000,000 may be made
available for alternative development and other economic
activities: Provided further, That of the funds appropriated
under this heading, not less than $20,000,000 may be made
available for assistance for Ecuador, of which not less than
$8,000,000 may be made available for alternative development
and other economic activities: Provided further, That of the
funds appropriated under this heading, not less than
$18,000,000 shall be made available for assistance for other
countries in South and Central America and the Caribbean which
are cooperating with United States counternarcotics objectives:
Provided further, That of the funds appropriated under this
heading not less than $60,000,000 shall be made available for
the procurement, refurbishing, and support for UH-1H Huey II
helicopters for the Colombian Army: Provided further, That of
the funds appropriated under this heading, not less than
$234,000,000 shall be made available for the procurement of and
support for UH-60 Blackhawk helicopters for use by the
Colombian Army and the Colombian National Police: Provided
further, That procurement of UH-60 Blackhawk helicopters from
funds made available under this heading shall be managed by the
United States Defense Security Cooperation Agency: Provided
further, That the President shall ensure that if any helicopter
procured with funds under this heading is used to aid or abet
the operations of an illegal self-defense group or illegal
security cooperative, then such helicopter shall be immediately
returned to the United States: Provided further, That of the
amount appropriated under this heading, $2,500,000 shall be
available for a program for the demobilization and
rehabilitation of child soldiers in Colombia: Provided further,
That funds made available under this heading shall be in
addition to amounts otherwise available for such purposes:
Provided further, That section 482(b) of the Foreign Assistance
Act of 1961 shallnot apply to funds appropriated under this
heading: Provided further, That the Secretary of State, in consultation
with the Secretary of Defense and the Administrator of the United
States Agency for International Development, shall provide to the
Committees on Appropriations not later than 30 days after the date of
the enactment of this Act and prior to the initial obligation of any
funds appropriated under this heading, a report on the proposed uses of
all funds under this heading on a country-by-country basis for each
proposed program, project or activity: Provided further, That at least
20 days prior to the obligation of funds made available under this
heading the Secretary of State shall inform the Committees on
Appropriations: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That the entire amount provided
shall be available only to the extent an official budget request 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.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3201. Conditions on Assistance for Colombia. (a)
Conditions.--
(1) Certification required.--Assistance provided
under this heading may be made available for Colombia
in fiscal years 2000 and 2001 only if the Secretary of
State certifies to the appropriate congressional
committees prior to the initial obligation of such
assistance in each such fiscal year, that--
(A)(i) the President of Colombia has
directed in writing that Colombian Armed Forces
personnel who are credibly alleged to have
committed gross violations of human rights will
be brought to justice in Colombia's civilian
courts, in accordance with the 1997 ruling of
Colombia's Constitutional court regarding
civilian court jurisdiction in human rights
cases; and
(ii) the Commander General of the Colombian
Armed Forces is promptly suspending from duty
any Colombian Armed Forces personnel who are
credibly alleged to have committed gross
violations of human rights or to have aided or
abetted paramilitary groups; and
(iii) the Colombian Armed Forces and its
Commander General are fully complying with
(A)(i) and (ii); and
(B) the Colombian Armed Forces are
cooperating fully with civilian authorities in
investigating, prosecuting, and punishing in
the civilian courts Colombian Armed Forces
personnel who are credibly alleged to have
committed gross violations of human rights; and
(C) the Government of Colombia is
vigorously prosecuting in the civilian courts
the leaders and members of paramilitary groups
and Colombian Armed Forces personnel who are
aiding or abetting these groups.
(D) the Government of Colombia has agreed
to and is implementing a strategy to eliminate
Colombia's total coca and opium poppy
production by 2005 through a mix of alternative
development programs; manual eradication;
aerial spraying of chemical herbicides; tested,
environmentally safe mycoherbicides; and the
destruction of illicit narcotics laboratories
on Colombian territory;
(E) the Colombian Armed Forces are
developing and deploying in their field units a
Judge Advocate General Corps to investigate
Colombian Armed Forces personnel for
misconduct.
(2) Consultative process.--The Secretary of State
shall consult with internationally recognized human
rights organizations regarding the Government of
Colombia's progress in meeting the conditions contained
in paragraph (1), prior to issuing the certification
required under paragraph (1).
(3) Application of existing laws.--The same
restrictions contained in section 564 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (Public Law 106-113) and
section 8098 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79) shall
apply to the availability of funds under this heading.
(4) Waiver.--Assistance may be furnished without
regard to this section if the President determines and
certifies to the appropriate Committees that to do so
is in the national security interest.
(b) Definitions.--In this section:
(1) Aiding or abetting.--The term ``aiding or
abetting'' means direct and indirect support to
paramilitary groups, including conspiracy to allow,
facilitate, or promote the activities of paramilitary
groups.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on International
Relations of the House of Representatives.
(3) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives.
(4) Assistance.--The term ``assistance'' means
assistance appropriated under this heading for fiscal
years 2000 and 2001, and provided under the following
provisions of law:
(A) Section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (Public
Law 101-510; relating to counter-drug
assistance).
(B) Section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public
Law 105-85; relating to counter-drug assistance
to Colombia and Peru).
(C) Section 23 of the Arms Export Control
Act (Public Law 90-629); relating to credit
sales.
(D) Section 481 of the Foreign Assistance
Act of 1961 (Public Law 87-195; relating to
international narcotics control).
(E) Section 506 of the Foreign Assistance
Act of 1961 (Public Law 87-195; relating to
emergency drawdown authority).
Sec. 3202. Regional Strategy. (a) Report Required.--Not
later than 60 days after the date of the enactment of this Act,
the President shall submit to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives, a report on the
current United States policy and strategy regarding United
States counternarcotics assistance for Colombia and neighboring
countries.
(b) Report Elements.--The report required by subsection (a)
shall address the following:
(1) The key objectives of the United States'
counternarcotics strategy in Colombia and neighboring
countries and a detailed description of benchmarks by
which to measure progress toward those objectives.
(2) The actions required of the United States to
support and achieve these objectives, and a schedule
and cost estimates for implementing such actions.
(3) The role of the United States in the efforts of
the Government of Colombia to deal with illegal drug
production in Colombia.
(4) The role of the United States in the efforts of
the Government of Colombia to deal with the insurgency
and paramilitary forces in Colombia.
(5) How the strategy with respect to Colombia
relates to and affects the United States' strategy in
the neighboring countries.
(6) How the strategy with respect to Colombia
relates to and affects the United States' strategy for
fulfilling global counternarcotics goals.
(7) A strategy and schedule for providing material,
technical, and logistical support to Colombia and
neighboring countries in order to defend the rule of
law and to more effectively impede the cultivation,
production, transit, and sale of illicit narcotics.
(8) A schedule for making Forward Operating
Locations (FOL) fully operational, including cost
estimates and a description of the potential
capabilities for each proposed location and an
explanation of how the FOL architecture fits into the
overall the Strategy.
Sec. 3203. Report on Extradition of Narcotics Traffickers.
(a) Not later than 6 months after the date of the enactment of
this title, and every 6 months thereafter, during the period
Plan Colombia resources are made available, the Secretary of
State shall submit to the Committee on Foreign Relations, the
Committee on the Judiciary and the Committee on Appropriations
of the Senate and the Committee on International Relations, the
Committee on the Judiciary, and the Committee on Appropriations
of the House of Representatives a report setting forth--
(1) a list of the persons whose extradition has
been requested from any country receiving counter
narcotics assistance from the United States, indicating
those persons who--
(A) have been surrendered to the custody of
United States authorities;
(B) have been detained by the authorities
and who are being processed for extradition;
(C) have been detained by the authorities
and who are not yet being processed for
extradition; or
(D) are at large;
(2) a determination whether authorities of each
country receiving counternarcotics assistance from the
United States are making good faith efforts to
ensurethe prompt extradition of each of the persons sought by United
States authorities; and
(3) an analysis of--
(A) any legal obstacles in the laws of each
country receiving counternarcotics assistance
from the United States regarding prompt
extradition of persons sought by United States
authorities; and
(B) the steps taken by authorities of the
United States and the authorities of each
country receiving counternarcotics assistance
from the United States to overcome such
obstacles.
Sec. 3204. Limitations on Support for Plan Colombia and on
the Assignment of United States Personnel in Colombia. (a)
Limitation on Support for Plan Colombia.--
(1) Limitation.--Except as provided in paragraph
(2), none of the funds appropriated or otherwise made
available by any Act shall be available for support of
Plan Colombia unless and until--
(A) the President submits a report to
Congress requesting the availability of such
funds; and
(B) Congress enacts a joint resolution
approving the request of the President under
subparagraph (A).
(2) Exceptions.--The limitation in paragraph (1)
does not apply to--
(A) appropriations made by this Act, the
Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001, the
Military Construction Appropriations Act, 2001,
the Commerce, Justice, State and the Judiciary
Appropriations Act, 2001, the Treasury and
General Government Appropriations Act, 2001, or
the Department of Defense Appropriations Act,
2001, for the purpose of support of Plan
Colombia; or
(B) the unobligated balances from any other
program used for their originally appropriated
purpose to combat drug production and
trafficking, foster peace, increase the rule of
law, improve human rights, expand economic
development, and institute justice reform in
the countries covered by Plan Colombia.
(3) Waiver.--The limitations in subsection (a) may
be waived by an Act of Congress.
(b) Limitation on Assignment of United States Personnel in
Colombia.--
(1) Limitation.--Except as provided in paragraph
(2), none of the funds appropriated or otherwise made
available by this or any other Act (including funds
described in subsection (c)) may be available for--
(A) the assignment of any United States
military personnel for temporary or permanent
duty in Colombia in connection with support of
Plan Colombia if that assignment would cause
the number of United States military personnel
so assigned in Colombia to exceed 500; or
(B) the employment of any United States
individual civilian retained as a contractor in
Colombia if that employment would cause the
total number of United States individual
civilian contractors employed in Colombia in
support of Plan Colombia who are funded by
Federal funds to exceed 300.
(2) Exception.--The limitation contained in
paragraph (1) shall not apply if--
(A) the President submits a report to
Congress requesting that the limitation not
apply; and
(B) Congress enacts a joint resolution
approving the request of the President under
subparagraph (A).
(c) Waiver.--The President may waive the limitation in
subsection (b)(1) for a single period of up to 90 days in the
event that the Armed Forces of the United States are involved
in hostilities or that imminent involvement by the Armed Forces
of the United States in hostilities is clearly indicated by the
circumstances.
(d) Statutory Construction.--Nothing in this section may be
construed to affect the authority of the President to carry out
any emergency evacuation of United States citizens or any
search or rescue operation for United States military personnel
or other United States citizens.
(e) Report on Support for Plan Colombia.--Not later than
June 1, 2001, and not later than June 1 and December 1 of each
of the succeeding four fiscal years, the President shall submit
a report to Congress setting forth any costs (including
incremental costs incurred by the Department of Defense)
incurred by any department, agency, or other entity of the
Executive branch of Government during the two previous fiscal
quarters in support of Plan Colombia. Each such report shall
provide an itemization of expenditures by each such department,
agency, or entity.
(f) Bimonthly Reports.--Beginning within 90 days of the
date of the enactment of this joint resolution, and every 60
days thereafter, the President shall submit a report to
Congress that shall include the aggregate number, locations,
activities, and lengths of assignment for all temporary and
permanent United States military personnel and United States
individual civilians retained as contractors involved in the
antinarcotics campaign in Colombia.
(g) Congressional Priority Procedures.--
(1) Joint resolutions defined.--
(A) For purposes of subsection (a)(1)(B),
the term ``joint resolution'' means only a
joint resolution introduced not later than 10
days of the date on which the report of the
President under subsection (a)(1)(A) is
received by Congress, the matter after the
resolving clause of which is as follows: ``That
Congress approves the request of the President
for additional funds for Plan Colombia
contained in the report submitted by the
President under section 3204(a)(1) of the 2000
Emergency Supplemental Appropriations Act.''.
(B) For purposes of subsection (b)(2)(B),
the term ``joint resolution'' means only a
joint resolution introduced not later than 10
days of the date on which the report of the
President under subsection (a)(1)(A) is
received by Congress, the matter after the
resolving clause of which is as follows: ``That
Congress approves the request of the President
for exemption from the limitation applicable to
the assignment of personnel in Colombia
contained in the report submitted by the
President under section 3204(b)(2)(B) of the
2000 Emergency Supplemental Appropriations
Act.''.
(2) Procedures.--Except as provided in subparagraph
(B), a joint resolution described in paragraph (1)(A)
or (1)(B) shall be considered in a House of Congress in
accordance with the procedures applicable to joint
resolutions under paragraphs (3) through (8) of section
8066(c) of the Department of Defense Appropriations
Act, 1985 (as contained in Public Law 98-473; 98 Stat.
1936).
(h) Plan Colombia Defined.--In this section, the term
``Plan Colombia'' means the plan of the Government of Colombia
instituted by the administration of President Pastrana to
combat drug production and trafficking, foster peace, increase
the rule of law, improve human rights, expand economic
development, and institute justice reform.
Sec. 3205. (a) Denial of Visas for Persons Credibly Alleged
To Have Aided and Abetted Colombian Insurgent and Paramilitary
Groups.--None of the funds appropriated or otherwise made
available in this Act for any fiscal year for the Department of
State may be used to issue visas to any person who has been
credibly alleged to have provided direct or indirect support to
the Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), or the United Colombian Self Defense
organization (AUC), including conspiracy to allow, facilitate,
or promote the illegal activities of such groups.
(b) Exemption.--Subsection (a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would otherwise be
excluded under this section is necessary for medical reasons,
or to permit the prosecution of such person in the United
States, or the person has cooperated fully with the
investigation of crimes committed by individuals associated
with the Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Colombian Self
Defense organization (AUC).
(c) Waiver.--The President may waive the limitation in
subsection (a) if the President determines that the waiver is
in the national interest.
Sec. 3206. Limitation on Supplemental Funds for Population
Planning.--Amounts appropriated under this division or under
any other provision of law for fiscal year 2000 that are in
addition to the funds made available under title II of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (as enacted into law by section
1000(a)(2) of Public Law 106-113) shall be deemed to have been
appropriated under title II of such Act and shall be subject to
all limitations and restrictions contained in section 599D of
such Act, notwithstanding section 543 of such Act.
Sec. 3207. Declaration of Support. (a) Certification
Required.--Assistance may be made available for Colombia in
fiscal years 2000 and 2001 only if the Secretary of State
certifies to the appropriate congressional committees, before
the initial obligation of such assistance in each such fiscal
year, that the United States Government publicly supports the
military and political efforts of the Government of Colombia,
consistent with human rights conditions in section 3101,
necessary to effectively resolve the conflicts with the
guerrillas and paramilitaries that threaten the territorial
integrity, economic prosperity, and rule of law in Colombia.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the
following:
(A) The Committees on Appropriations and
Foreign Relations of the Senate.
(B) The Committees on Appropriations and
International Relations of the House of
Representatives.
(2) Assistance.--The term ``assistance'' means
assistance appropriated under this heading for fiscal
years 2000 and 2001, and provided under the following
provisions of law:
(A) Section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (Public
Law 101-510; relating to counter-drug
assistance).
(B) Section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public
Law 105-85; relating to counter-drug assistance
to Colombia and Peru).
(C) Section 23 of the Arms Export Control
Act (Public Law 90-629; relating to credit
sales).
(D) Section 481 of the Foreign Assistance
Act of 1961 (Public Law 87-195; relating to
international narcotics control).
(E) Section 506 of the Foreign Assistance
Act of 1961 (Public Law 87-195; relating to
emergency drawdown authority).
CHAPTER 3
MILITARY CONSTRUCTION, DEFENSE-WIDE
Notwithstanding any other provision of law, for an
additional amount for ``Military Construction, Defense-Wide'',
$116,523,000, to remain available until September 30, 2004:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request
for $116,523,000, 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.
TITLE IV--LEWIS AND CLARK RURAL WATER SYSTEM
SEC. 4101. SHORT TITLE.
This title may be cited as the ``Lewis and Clark Rural
Water System Act of 2000''.
SEC. 4102. DEFINITIONS.
In this title:
(1) Feasibility study.--The term ``feasibility
study'' means the study entitled ``Feasibility Level
Evaluation of a Missouri River Regional Water Supply
for South Dakota, Iowa and Minnesota'', dated September
1993, that includes a water conservation plan,
environmental report, and environmental enhancement
component.
(2) Incremental cost.--The term ``incremental
cost'' means the cost of the savings to the project
were the City of Sioux Falls not to participate in the
water supply system.
(3) Member entity.--The term ``member entity''
means a rural water system or municipality that meets
the requirements for membership as defined by the Lewis
and Clark Rural Water System, Inc. bylaws, dated
September 6, 1990.
(4) Project construction budget.--The term
``project construction budget'' means the description
of the total amount of funds needed for the
construction of the water supply project, as contained
in the feasibility study.
(5) Pumping and incidental operational
requirements.--The term ``pumping and incidental
operational requirements'' means all power requirements
that are necessary for the operation of intake
facilities, pumping stations, water treatment
facilities, reservoirs, and pipelines up to the point
of delivery of water by the water supply system to each
member entity that distributes water at retail to
individual users.
(6) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(7) Water supply project.--
(A) In general.--The term ``water supply
project'' means the physical components of the
Lewis and Clark Rural Water Project.
(B) Inclusions.--The term ``water supply
project'' includes--
(i) necessary pumping, treatment,
and distribution facilities;
(ii) pipelines;
(iii) appurtenant buildings and
property rights;
(iv) electrical power transmission
and distribution facilities necessary
for services to water systems
facilities; and
(v) such other pipelines, pumping
plants, and facilities as the Secretary
considers necessary and appropriate to
meet the water supply, economic, public
health, and environment needs of the
member entities (including water
storage tanks, water lines, and other
facilities for the member entities).
(8) Water supply system.--The term ``water supply
system'' means the Lewis and Clark Rural Water System,
Inc., a nonprofit corporation established and operated
substantially in accordance with the feasibility study.
SEC. 4103. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.
(a) In General.--The Secretary shall make grants to the
water supply system for the planning and construction of the
water supply project.
(b) Service Area.--The water supply system shall provide
for the member entities safe and adequate municipal, rural, and
industrial water supplies, mitigation of wetland areas, and
water conservation in--
(1) Lake County, McCook County, Minnehaha County,
Turner County, Lincoln County, Clay County, and Union
County, in southeastern South Dakota;
(2) Rock County and Nobles County, in southwestern
Minnesota; and
(3) Lyon County, Sioux County, Osceola County,
O'Brien County, Dickinson County, and Clay County, in
northwestern Iowa.
(c) Amount of Grants.--Grants made available under
subsection (a) to the water supply system shall not exceed the
amount of funds authorized under section 4108.
(d) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the
water supply project until--
(1) the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met;
and
(2) a final engineering report and a plan for a
water conservation program are prepared and submitted
to the Congress not less than 90 days before the
commencement of construction of the water supply
project.
SEC. 4104. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation for fish and wildlife losses incurred as a
result of the construction and operation of the water supply
project shall be on an acre-for-acre basis, based on ecological
equivalency, concurrent with project construction, as provided
in the feasibility study.
SEC. 4105. USE OF PICK-SLOAN POWER.
(a) In General.--From power designated for future
irrigation and drainage pumping for the Pick-Sloan Missouri
Basin program, the Western Area Power Administration shall make
available, at the firm power rate, the capacity and energy
required to meet the pumping and incidental operational
requirements of the water supply project during the period
beginning on May 1 and ending on October 31 of each year.
(b) Qualification To Use Pick-Sloan Power.--For operation
during the period beginning May 1 and ending October 31 of each
year, for as long as the water supply system operates on a not-
for-profit basis, the portions of the water supply project
constructed with assistance under this title shall be eligible
to receive firm power from the Pick-Sloan Missouri Basin
program established by section 9 of the Act of December 22,
1944 (chapter 665; 58 Stat. 887), popularly known as the Flood
Control Act of 1944.
SEC. 4106. NO LIMITATION ON WATER PROJECTS IN STATES.
This title does not limit the authorization for water
projects in the States of South Dakota, Iowa, and Minnesota
under law in effect on or after the date of the enactment of
this Act.
SEC. 4107. WATER RIGHTS.
Nothing in this title--
(1) invalidates or preempts State water law or an
interstate compact governing water;
(2) alters the rights of any State to any
appropriated share of the waters of any body of surface
or ground water, whether determined by past or future
interstate compacts or by past or future legislative or
final judicial allocations;
(3) preempts or modifies any Federal or State law,
or interstate compact, governing water quality or
disposal; or
(4) confers on any non-Federal entity the ability
to exercise any Federal right to the waters of any
stream or to any ground water resource.
SEC. 4108. COST SHARING.
(a) Federal Cost Share.--
(1) In general.--Except as provided in paragraph
(2), the Secretary shall provide funds equal to 80
percent of--
(A) the amount allocated in the total
project construction budget for planning and
construction of the water supply project under
section 4103; and
(B) such amounts as are necessary to defray
increases in development costs reflected in
appropriate engineering cost indices after
September 1, 1993.
(2) Sioux falls.--The Secretary shall provide funds
for the City of Sioux Falls, South Dakota, in an amount
equal to 50 percent of the incremental cost to the city
of participation in the project.
(b) Non-Federal Cost Share.--
(1) In general.--Except as provided in paragraph
(2), the non-Federal share of the costs allocated to
the water supply system shall be 20 percent of the
amounts described in subsection (a)(1).
(2) Sioux falls.--The non-Federal cost-share for
the City of Sioux Falls, South Dakota, shall be 50
percent of the incremental cost to the city of
participation in the project.
SEC. 4109. BUREAU OF RECLAMATION.
(a) Authorization.--At the request of the water supply
system, the Secretary may allow the Commissioner of Reclamation
to provide project construction oversight to the water supply
project for the service area of the water supply system
described in section 4103(b).
(b) Project Oversight Administration.--The amount of funds
used by the Commissioner of Reclamation for oversight described
in subsection (a) shall not exceed the amount that is equal to
1 percent of the amount provided in the total project
construction budget for the entire project construction period.
SEC. 4110. PROJECT OWNERSHIP AND RESPONSIBILITY.
The water supply system shall retain title to all project
facilities during and after construction, and shall be
responsible for all operation, maintenance, repair, and
rehabilitation costs of the project.
SEC. 4111. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $213,887,700, to remain available until expended.
TITLE V--GENERAL PROVISIONS THIS DIVISION
Sec. 5101. No part of any appropriation contained in this
division shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
Sec. 5102. Sections 305 and 306 of H.R. 3425 of the 106th
Congress, as enacted into law by section 1000(a)(5) of Public
Law 106-113, are hereby repealed.
repeal of unobligated balance restrictions
Sec. 5103. The final proviso under the heading ``Foreign
Military Financing Program'' in title VI of the Foreign
Operations, Export Financing, and Related Programs as enacted
into law by section 1000(a)(2) of division B of Public Law 106-
113 (113 Stat. 1501A-133), is null and void.
Sec. 5104. Section 216 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113) is repealed.
Sec. 5105. Section 5527 of Public Law 105-33, The Balanced
Budget Act of 1997, is repealed.
Sec. 5106. Section 9305 of Public Law 105-33 (111 Stat.
677) is repealed.
Sec. 5107. Notwithstanding section 251(a) of the Balanced
Budget and Emergency Deficit Control Act of 1985, there shall
be no sequestration under that section to eliminate a fiscal
year 2000 breach or no reductions in discretionary spending
limits for fiscal year 2001 that might be caused by the
appropriations or other provisions in this Act.
Sec. 5108. (a) The enactment of this Act shall be deemed to
fulfill the requirements for enactment of a law for purposes of
section 206(b) of H. Con. Res. 290 (106th Congress).
(b) Section 312(b) of the Congressional Budget Act of 1974
shall not apply in the Senate with respect to fiscal year 2001.
Sec. 5109. Section 207 of H. Con. Res. 290 (106th Congress)
is amended as follows:
(a) by reducing the limit on outlays set forth in
subsection (a)(1) by $2,000,000,000; and
(b) by increasing the limit on outlays set forth in
subsection (a)(2) by $2,000,000,000.
This division may be cited as the ``Emergency Supplemental
Act, 2000''.
DIVISION C
CERRO GRANDE FIRE
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2000, and for other purposes, namely:
TITLE I--CERRO GRANDE FIRE ASSISTANCE ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Cerro Grande Fire
Assistance Act''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) on May 4, 2000, the National Park Service
initiated a prescribed burn on Federal land at
Bandelier National Monument in New Mexico during the
peak of the fire season in the Southwest;
(2) on May 5, 2000, the prescribed burn, which
became known as the ``Cerro Grande Prescribed Fire'',
exceeded the containment capabilities of the National
Park Service, was reclassified as a wildland burn, and
spread to other Federal and non-Federal land, quickly
becoming characterized as a wildfire;
(3) by May 7, 2000, the fire had grown in size and
caused evacuations in and around Los Alamos, New
Mexico, including the Los Alamos National Laboratory,
one of the leading national research laboratories in
the United States and the birthplace of the atomic
bomb;
(4) on May 13, 2000, the President issued a major
disaster declaration for the counties of Bernalillo,
Cibola, Los Alamos, McKinley, Mora, Rio Arriba,
Sandoval, San Juan, San Miguel, Santa Fe, Taos, and
Torrance, New Mexico;
(5) the fire resulted in the loss of Federal,
State, local, tribal, and private property;
(6) the Secretary of the Interior and the National
Park Service have assumed responsibility for the fire
and subsequent losses of property; and
(7) the United States should compensate the victims
of the Cerro Grande fire.
(b) Purposes.--The purposes of this title are--
(1) to compensate victims of the fire at Cerro
Grande, New Mexico, for injuries resulting from the
fire; and
(2) to provide for the expeditious consideration
and settlement of claims for those injuries.
SEC. 103. DEFINITIONS.
In this title:
(1) Cerro grande fire.--The term ``Cerro Grande
fire'' means the fire resulting from the initiation by
the National Park Service of a prescribed burn at
Bandelier National Monument, New Mexico, on May 4,
2000.
(2) Director.--The term ``Director'' means--
(A) the Director of the Federal Emergency
Management Agency; or
(B) if a Manager is appointed under section
104(a)(3), the Manager.
(3) Injured person.--The term ``injured person''
means--
(A) an individual, regardless of the
citizenship or alien status of the individual;
or
(B) an Indian tribe, corporation, tribal
corporation, partnership, company, association,
insurer, county, township, city, State, school
district, or other non-Federal entity
(including a legal representative);
that suffered injury resulting from the Cerro Grande
fire.
(4) Injury.--The term ``injury'' has the same
meaning as the term ``injury or loss of property, or
personal injury or death'' as used in section
1346(b)(1) of title 28, United States Code.
(5) Manager.--The term ``Manager'' means an
Independent Claims Manager appointed under section
104(a)(3).
(6) Office.--The term ``Office'' means the Office
of Cerro Grande Fire Claims established by section
104(a)(2).
SEC. 104. COMPENSATION FOR VICTIMS OF CERRO GRANDE FIRE.
(a) In General.--
(1) Compensation.--Each injured person shall be
entitled to receive from the United States--
(A) compensation for injury suffered by the
injured person as a result of the Cerro Grande
fire; and
(B) damages described in subsection (d)(4),
as determined by the Director.
(2) Office of cerro grande fire claims.--
(A) In general.--There is established
within the Federal Emergency Management Agency
an Office of Cerro Grande Fire Claims.
(B) Purpose.--The Office shall receive,
process, and pay claims in accordance with this
title.
(C) Funding.--The Office--
(i) shall be funded from funds made
available to the Director under this
title;
(ii) may reimburse other Federal
agencies for claims processing support
and assistance;
(iii) may appoint and fix the
compensation of such temporary
personnel as may be necessary, without
regard to the provisions of title 5,
United States Code, governing
appointments in competitive service;
(iv) upon the request of the
Director, the head of any Federal
department or agency may detail, on a
reimbursable basis, any of the
personnel of that department or agency
to the Federal Emergency Management
Agency to assist it in carrying out its
duties under this title; and
(v) shall not diminish the ability
of the Director to carry out the
responsibilities of the Federal
Emergency Management Agency under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5121 et seq.), including the timely
provision of disaster assistance to a
State or territory, an area of which is
the subject of a major disaster or
emergency declaration made by the
President during the period in which
the Director carries out this Act.
(3) Option to appoint independent claims manager.--
The Director may appoint an Independent Claims Manager
to--
(A) head the Office; and
(B) assume the duties of the Director under
this title.
(b) Submission of Claims.--Not later than 2 years after the
date on which regulations are first promulgated under
subsection (f), an injured person may submit to the Director a
written claim for one or more injuries suffered by the injured
person in accordance with such requirements as the Director
determines to be appropriate.
(c) Investigation of Claims.--
(1) In general.--The Director shall, on behalf of
the United States, investigate, consider, ascertain,
adjust, determine, grant, deny, or settle any claim for
money damages asserted under subsection (b).
(2) Applicability of state law.--Except as
otherwise provided in this title, the laws of the State
of New Mexico shall apply to the calculation of damages
under subsection (d)(4).
(3) Extent of damages.--Any payment under this
title--
(A) shall be limited to actual compensatory
damages measured by injuries suffered; and
(B) shall not include--
(i) interest before settlement or
payment of a claim; or
(ii) punitive damages.
(d) Payment of Claims.--
(1) Determination and payment of amount.--
(A) In general.--
(i) Payment.--Not later than 180
days after the date on which a claim is
submitted under this title, the
Director shall determine and fix the
amount, if any, to be paid for the
claim.
(ii) Priority.--The Director, to
the maximum extent practicable, shall
pay subrogation claims submitted under
this title only after paying claims
submitted by injured parties that are
not insurance companies seeking payment
as subrogees.
(B) Parameters of determination.--In
determining and settling a claim under this
title, the Director shall determine only--
(i) whether the claimant is an
injured person;
(ii) whether the injury that is the
subject of the claim resulted from the
fire;
(iii) the amount, if any, to be
allowed and paid under this title; and
(iv) the person or persons entitled
to receive the amount.
(C) Insurance and other benefits.--
(i) In general.--In determining the
amount of, and paying, a claim under
this title, to prevent recovery by a
claimant in excess of actual
compensatory damages, the Director
shall reduce the amount to be paid for
the claim by an amount that is equal to
the total of insurance benefits
(excluding life insurance benefits) or
other payments or settlements of any
nature that were paid, or will be paid,
with respect to the claim.
(ii) Government loans.--This
subparagraph shall not apply to the
receipt by a claimant of any government
loan that is required to be repaid by
the claimant.
(2) Partial payment.--
(A) In general.--At the request of a
claimant, the Director may make one or more
advance or partial payments before the final
settlement of a claim, including final
settlement on any portion or aspect of a claim
that is determined to be severable.
(B) Judicial decision.--If a claimant
receives a partial payment on a claim under
this title, but further payment on the claim is
subsequently denied by the Director, the
claimant may--
(i) seek judicial review under
subsection (i); and
(ii) keep any partial payment that
the claimant received, unless the
Director determines that the claimant--
(I) was not eligible to
receive the compensation; or
(II) fraudulently procured
the compensation.
(3) Rights of insurer or other third party.--If an
insurer or other third party pays any amount to a
claimant to compensate for an injury described in
subsection (a), the insurer or other third party shall
be subrogated to any right that the claimant has to
receive any payment under this title or any other law.
(4) Allowable damages.--
(A) Loss of property.--A claim that is paid
for loss of property under this title may
include otherwise uncompensated damages
resulting from the Cerro Grande fire for--
(i) an uninsured or underinsured
property loss;
(ii) a decrease in the value of
real property;
(iii) damage to physical
infrastructure;
(iv) a cost resulting from lost
tribal subsistence from hunting,
fishing, firewood gathering, timbering,
grazing, or agricultural activities
conducted on land damaged by the Cerro
Grande fire;
(v) a cost of reforestation or
revegetation on tribal or non-Federal
land, to the extent that the cost of
reforestation or revegetation is not
covered by any other Federal program;
and
(vi) any other loss that the
Director determines to be appropriate
for inclusion as loss of property.
(B) Business loss.--A claim that is paid
for injury under this title may include damages
resulting from the Cerro Grande fire for the
following types of otherwise uncompensated
business loss:
(i) Damage to tangible assets or
inventory.
(ii) Business interruption losses.
(iii) Overhead costs.
(iv) Employee wages for work not
performed.
(v) Any other loss that the
Director determines to be appropriate
for inclusion as business loss.
(C) Financial loss.--A claim that is paid
for injury under this title may include damages
resulting from the Cerro Grande fire for the
following types of otherwise uncompensated
financial loss:
(i) Increased mortgage interest
costs.
(ii) An insurance deductible.
(iii) A temporary living or
relocation expense.
(iv) Lost wages or personal income.
(v) Emergency staffing expenses.
(vi) Debris removal and other
cleanup costs.
(vii) Costs of reasonable efforts,
as determined by the Director, to
reduce the risk of wildfire, flood, or
other natural disaster in the counties
specified in section 102(a)(4), to risk
levels prevailing in those counties
before the Cerro Grande fire, that are
incurred not later than the date that
is 3 years after the date on which the
regulations under subsection (f) are
first promulgated.
(viii) A premium for flood
insurance that is required to be paid
on or before May 12, 2002, if, as a
result of the Cerro Grande fire, a
person that was not required to
purchase flood insurance before the
Cerro Grande fire is required to
purchase flood insurance.
(ix) Any other loss that the
Director determines to be appropriate
for inclusion as financial loss.
(e) Acceptance of Award.--The acceptance by a claimant of
any payment under this title, except an advance or partial
payment made under subsection (d)(2), shall--
(1) be final and conclusive on the claimant (but
not on any subrogee of the claimant), with respect to
all claims arising out of or relating to the same
subject matter;
(2) constitute a complete release of all claims
against the United States (including any agency or
employee of the United States) under chapter 171 of
title 28, United States Code (commonly known as the
``Federal Tort Claims Act''), or any other Federal or
State law, arising out of or relating to the same
subject matter; and
(3) shall include a certification by the claimant,
made under penalty of perjury and subject to the
provisions of section 1001 of title 18, United States
Code, that such claim is true and correct.
(f) Regulations and Public Information.--
(1) Regulations.--Notwithstanding any other
provision of law, not later than 45 days after the date
of the enactment of this Act, the Director shall
promulgate and publish in the Federal Register interim
final regulations for the processing and payment of
claims under this title.
(2) Public information.--
(A) In general.--At the time at which the
Director promulgates regulations under
paragraph (1), the Director shall publish, in
newspapers of general circulation in the State
of New Mexico, a clear, concise, and easily
understandable explanation, in English and
Spanish, of--
(i) the rights conferred under this
title; and
(ii) the procedural and other
requirements of the regulations
promulgated under paragraph (1).
(B) Dissemination through other media.--The
Director shall disseminate the explanation
published under subparagraph (A) through
brochures, pamphlets, radio, television, and
other media that the Director determines are
likely to reach prospective claimants.
(g) Consultation.--In administering this title, the
Director shall consult with the Secretary of the Interior, the
Secretary of Energy, the Secretary of Agriculture, the
Administrator of the Small Business Administration, other
Federal agencies, and State, local, and tribal authorities, as
determined to be necessary by the Director to--
(1) ensure the efficient administration of the
claims process; and
(2) provide for local concerns.
(h) Election of Remedy.--
(1) In general.--An injured person may elect to
seek compensation from the United States for one or
more injuries resulting from the Cerro Grande fire by--
(A) submitting a claim under this title;
(B) filing a claim or bringing a civil
action under chapter 171 of title 28, United
States Code; or
(C) bringing an authorized civil action
under any other provision of law.
(2) Effect of election.--An election by an injured
person to seek compensation in any manner described in
paragraph (1) shall be final and conclusive on the
claimant with respect to all injuries resulting from
the Cerro Grande fire that are suffered by the
claimant.
(3) Arbitration.--
(A) In general.--Not later than 45 days
after the date of the enactment of this Act,
the Director shall establish by regulation
procedures under which a dispute regarding a
claim submitted under this title may be settled
by arbitration.
(B) Arbitration as remedy.--On
establishment of arbitration procedures under
subparagraph (A), an injured person that
submits a disputed claim under this title may
elect to settle the claim through arbitration.
(C) Binding effect.--An election by an
injured person to settle a claim through
arbitration under this paragraph shall--
(i) be binding; and
(ii) preclude any exercise by the
injured person of the right to judicial
review of a claim described in
subsection (i).
(4) No effect on entitlements.--Nothing in this
title affects any right of a claimant to file a claim
for benefits under any Federal entitlement program.
(i) Judicial Review.--
(1) In general.--Any claimant aggrieved by a final
decision of the Director under this title may, not
later than 60 days after the date on which the decision
is issued, bring a civil action in the United States
District Court for the District of New Mexico, to
modify or set aside the decision, in whole or in part.
(2) Record.--The court shall hear a civil action
under paragraph (1) on the record made before the
Director.
(3) Standard.--The decision of the Director
incorporating the findings of the Director shall be
upheld if the decision is supported by substantial
evidence on the record considered as a whole.
(j) Attorney's and Agent's Fees.--
(1) In general.--No attorney or agent, acting alone
or in combination with any other attorney or agent,
shall charge, demand, receive, or collect, for services
rendered in connection with a claim submitted under
this title, fees in excess of 10 percent of the amount
of any payment on the claim.
(2) Violation.--An attorney or agent who violates
paragraph (1) shall be fined not more than $10,000.
(k) Waiver of Requirement For Matching Funds.--
(1) In general.--Notwithstanding any other
provision of law, a State or local project that is
determined by the Director to be carried out in
response to the Cerro Grande fire under any Federal
program that applies to an area affected by the Cerro
Grande fire shall not be subject to any requirement for
State or local matching funds to pay the cost of the
project under the Federal program.
(2) Federal share.--The Federal share of the costs
of a project described in paragraph (1) shall be 100
percent.
(l) Applicability of Debt Collection Requirements.--Section
3716 of title 31, United States Code, shall not apply to any
payment under this title.
(m) Indian Compensation.--Notwithstanding any other
provision of law, in the case of an Indian tribe, a tribal
entity, or a member of an Indian tribe that submits a claim
under this title--
(1) the Bureau of Indian Affairs shall have no
authority over, or any trust obligation regarding, any
aspect of the submission of, or any payment received
for, the claim;
(2) the Indian tribe, tribal entity, or member of
an Indian tribe shall be entitled to proceed under this
title in the same manner and to the same extent as any
other injured person; and
(3) except with respect to land damaged by the
Cerro Grande fire that is the subject of the claim, the
Bureau of Indian Affairs shall have no responsibility
to restore land damaged by the Cerro Grande fire.
(n) Report.--Not later than 1 year after the date of
promulgation of regulations under subsection (f)(1), and
annually thereafter, the Director shall submit to Congress a
report that describes the claims submitted under this title
during the year preceding the date of submission of the report,
including, for each claim--
(1) the amount claimed;
(2) a brief description of the nature of the claim;
(3) the status or disposition of the claim,
including the amount of any payment under this title;
and
(4) the Comptroller General shall conduct an annual
audit on the payment of all claims made under this
title and shall report to the Congress on the results
of this audit beginning not later than the expiration
of the 1-year period beginning on the date of the
enactment of this Act. This report shall include a
review of all subrogation claims for which insurance
companies have been paid or are seeking payment as
subrogees under this title.
(o) Authorization of Appropriations.--
(1) In general.--Notwithstanding any other
provision of law, there are authorized to be
appropriated such sums as are necessary to carry out
this Act, to remain available until expended.
(2) FEMA funds.--None of the funds provided to the
Federal Emergency Management Agency for the
administration of disaster relief shall be used to
carry out this Act.
SEC. 105. APPROPRIATION OF FUNDS.
(a) Cerro Grande Fire Assistance Claims Office.--
(1) In general.--There is appropriated for the
Office for administration of the compensation process
under this title up to $45,000,000, to remain available
until expended.
(2) Emergency requirement.--The entire amount made
available under subparagraph (A)--
(A) shall be available only to the extent
that the President submits to Congress an
official budget request for up to $45,000,000
that includes designation of the entire amount
of the request as an emergency requirement for
the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
900 et seq.); and
(B) is designated by Congress as an
emergency requirement under section
251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)).
(b) Cerro Grande Fire Assistance.--
(1) In general.--There is appropriated for the
payment of claims in accordance with this title up to
$455,000,000, to remain available until expended.
(2) Emergency requirement.--The entire amount made
available under subparagraph (A)--
(A) shall be available only to the extent
that the President submits to Congress an
official budget request for up to $455,000,000
that includes designation of the entire amount
of the request as an emergency requirement for
the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
900 et seq.); and
(B) is designated by Congress as an
emergency requirement under section
251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)).
SEC. 106. PERIOD OF EFFECTIVENESS.
This title shall apply on and after the date of the
enactment of this Act, without regard to any fiscal year.
TITLE II--CERRO GRANDE FIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
Farm Service Agency
emergency conservation program
For an additional amount for ``Emergency Conservation
Program'', $10,000,000: Provided, That notwithstanding any
other provision of law, these funds shall be available to
rehabilitate farmland damaged from fires which resulted from
prescribed burnings conducted by theFederal Government which
subsequently resulted in unintended damage to farmlands and other
lands: Provided further, That requirements for cost-sharing by
landowners shall not apply to funds provided pursuant to this section:
Provided further, That the entire amount shall be available only to the
extent that an official budget request for $10,000,000, 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.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood
Prevention Operations'', for the Emergency Watershed Protection
Program, to repair damages to the waterways and watersheds
resulting from fires which resulted from prescribed burnings
conducted by the Federal Government, and other natural
occurrences, $4,000,000, to remain available until expended:
Provided, That requirements for cost-sharing by project
sponsors shall not apply to funds provided under this
provision: Provided further, That the entire amount shall be
available only to the extent an official budget request for
$4,000,000, 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.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
cerro grande fire activities
For necessary expenses to remediate damaged Department of
Energy facilities and for other expenses associated with the
Cerro Grande fire, $138,000,000, to remain available until
expended: Provided, That the entire amount shall be available
only to the extent an official budget request for $138,000,000,
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 the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian
Programs'', $8,982,000, to remain available until expended, for
emergency restoration, rehabilitation, and reforestation of
tribal lands and facilities of the Pueblo of Santa Clara and
the Pueblo of San Ildefonso damaged by the Cerro Grande Fire in
New Mexico: Provided, That the entire amount shall be available
only to the extent an official budget request for $8,982,000,
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.
GENERAL PROVISION--THIS TITLE
Sec. 2101. The Secretary of the Interior shall allow
enrolled members of the Pueblo of San Ildefonso and the Pueblo
of Santa Clara to collect plants, including the parts or
products thereof, and mineral resources within the Bandelier
National Monument for traditional and cultural uses. All
collection activity, except quantity limitations in current
regulations of the National Park Service, shall be consistent
with applicable laws, and shall be subject to such conditions
as the Secretary deems necessary to protect the resources and
values of the Monument.
This division may be cited as the ``Cerro Grande Fire
Supplemental''.
And the Senate agree to the same.
For the consideration of the House bill and
Division A of the Senate amendment, and
modifications committed to conference:
David L. Hobson,
John Edward Porter,
Todd Tiahrt,
James T. Walsh,
Dan Miller,
Robert B. Aderholt,
Kay Granger,
Virgil Goode, Jr.,
C.W. Bill Young,
John W. Olver,
Chet Edwards,
Sam Farr,
Allen Boyd,
Norman D. Dicks,
David Obey,
For the consideration of Division B of the
Senate amendment and modifications committed to
conference:
C.W. Bill Young,
Ralph Regula,
Jerry Lewis,
Harold Rogers,
Joe Skeen,
Sonny Callahan,
David Obey,
John Murtha,
Managers on the Part of the House.
Conrad Burns,
Kay Bailey Hutchison,
Larry Craig,
Jon Kyl,
Ted Stevens,
Patty Murray,
Harry Reid,
Daniel K. Inouye,
Robert C. Byrd,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4425) making
appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense for
the fiscal year ending September 30, 2001, and for other
purposes, submit the following joint statement to the House and
the Senate in explanation of the effects of the action agreed
upon by the managers and recommended in the accompanying
conference report.
This conference report includes fiscal year 2000
supplemental appropriations, as included in the Senate
amendment, in addition to military construction appropriations
for fiscal year 2001. The conference report is organized with
Division A containing fiscal year 2001 military construction
appropriations, Division B containing fiscal year 2000
supplemental appropriations, and Division C containing fiscal
year 2000 supplemental appropriations and authorization for
Cerro Grande Fire recovery activities necessitated by this
devastating fire that occurred recently near Los Alamos, New
Mexico.
This conference agreement addresses some activities that
were not technically in conference. The House had passed H.R.
3908 that included its version of supplemental appropriations.
The Senate reported S. 2536, which included several other
supplemental appropriations in addition to the ones included in
the amendment to this bill. The Senate also has taken action on
S. 2522, which includes additional supplemental appropriations.
The conferees have attempted to address many of the fiscal year
2000 supplemental appropriations in this conference.
DIVISION A--FISCAL YEAR 2001 MILITARY CONSTRUCTION APPROPRIATIONS
Items of General Interest
Matters Addressed by Only One Committee.--The language
and allocations set forth in House Report 106-614 and Senate
Report 106-290 should be complied with unless specifically
addressed to the contrary in the conference report and
statement of the managers. Report language included by the
House which is not changed by the report of the Senate or the
conference, and Senate report language which is not changed by
the conference is approved by the committee of conference. The
statement of the managers, while repeating some report language
for emphasis, does not intend to negate the language referred
to above unless expressly provided herein. In cases in which
the House or the Senate has directed the submission of a report
from the Department of Defense, such report is to be submitted
to both House and Senate Committees on Appropriations.
Contingency Funding.--The Department of Defense requested
no contingency funding for military construction and family
housing projects in the fiscal year 2001 budget request. The
conferees believe that some level of contingency funding is
essential for the efficient and cost-effective completion of
these projects. If the Department loses this funding
flexibility, it will be incapable of supporting requirements
generated by unforeseen needs, such as environmental and
regulatory requirements, unanticipated subsurface conditions
and changes in bid climate. As a result, the conferees direct
the Department to include 5 percent contingency funding when
requesting construction funds in the fiscal year 2002 budget
submission and for future year projects.
Financial Management.--The conferees agree that the
rescission of funds included in the conference agreement are
based on large prior year unobligated balances and such factors
as savings through favorable bids, reduced overhead costs,
downsizing or cancellation due to force structure changes (if
any), other administrative cost reduction initiatives, revised
economic assumptions, and inflation re-estimates. The conferees
direct that no project for which funds were previously
appropriated, or for which funds are appropriated in this bill,
may be canceled as a result of the reductions included in the
conference agreement.
Foreign Currency Fluctuations, Construction, Defense.--
Due to the U.S. dollar significantly improving over prior
fiscal years and for other reasons, the amounts available in
the ``Foreign Currency Fluctuations, Construction, Defense''
account exceed those necessary to eliminate losses due to
unfavorable fluctuations in foreign currency exchange rates.
Accordingly, the conferees include a provision (Section 132)
which rescinds $83,000,000 from this account. The conferees
also include a total reduction of $43,852,000 to the following
appropriations because the U.S. dollar has significantly
improved against most foreign currencies than the Department of
Defense predicted when it submitted its fiscal year 2001
budget:
Account Amount
Military Construction, Army............................. -$635,000
Military Construction, Navy............................. -2,889,000
Military Construction, Defense-Wide..................... -7,115,000
Family Housing, Army.................................... -19,911,000
Family Housing, Navy and Marine Corps................... -1,071,000
Family Housing, Air Force............................... -12,231,000
--------------------------------------------------------
____________________________________________________
Total......................................... -43,852,000
Joint Use Facilities.--The conferees support joint use of
facilities between the various components of the Defense
Department. Joint use facilities can optimize
militaryconstruction and operation and maintenance funds while
enhancing joint training and the total force concept. Beginning with
the fiscal year 2003 budget submission, the conferees direct that any
Form 1390/1391, which is presented as justification material, shall
include certification by the originating installation commander. The
certification will include information that the project has been
considered and reviewed for joint use potential, a recommendation for
either joint use or unilateral construction, and the reasons(s) for
that recommendation if joint use is not recommended. This certification
is to be reviewed by the Under Secretary of Defense (Comptroller)
during the budget review to ensure impartial review.
Proposed Financing of Current Year Programs Via Prior
Year Savings.--The budget request for fiscal year 2001 proposed
partial financing of current year programs via prior year
savings, as follows:
----------------------------------------------------------------------------------------------------------------
Account/Location Project description Authorization Appropriation
----------------------------------------------------------------------------------------------------------------
Military Construction, Navy:
District of Columbia: Naval Research Lab... Nano-Science Research Facility... $12,390,000 0
Texas: Kingsville Naval Air Station........ Aircraft Parking Apron........... 2,670,000 0
North Carolina: Camp Lejuene MCB........... Armories......................... 14,000,000 $10,000,000
Italy: Sigonella Naval Air Station......... Community Facilities............. 32,969,000 32,029,000
-----------------------------
Total.................................... ................................. 62,029,000 42,029,000
----------------------------------------------------------------------------------------------------------------
If program execution has resulted in identifiable prior
year savings within individual projects, the correct financing
method is to detail such savings and to request rescissions of
funds by account and by fiscal year. The conferees direct the
Under Secretary of Defense (Comptroller) to follow the
conventional rescission procedure in future budget submissions.
Quadrennial Defense Review.--The conferees are concerned
with the Defense Department's declining investments in the
construction, replacement, and revitalization of facilities.
Therefore, the conferees strongly support the language included
in House Report 106-614 on the Quadrennial Defense Review. The
conferees expect the Congressionally mandated Quadrennial
Defense Review to include a thorough review of the Defense
Department's basing capacity, outsourcing strategy, and
military construction requirements and related facilities
restoration and modernization programs.
Real Property Maintenance: Reporting Requirement.--The
conferees agree to the following general rules for repairing a
facility under Operation and Maintenance funding:
Components of the facility may be repaired by
replacement, and such replacement can be up to current
standards or code.
Interior arrangements and restorations may be included as
repair, but additions, new facilities, and functional
conversions must be performed as military construction
projects.
Such projects may be done concurrent with repair
projects, as long as the final conjunctively funded project is
a complete and usable facility.
The appropriate Service Secretary shall submit a 21-day
notification prior to carrying out any repair project with an
estimated cost in excess of $7,500,000.
Reprogramming Criteria.--The conferees believe there is a
need to clarify the rules for military construction and family
housing reprogrammings. A project or account (including the
sub-elements of an account) which has been specifically reduced
by the Congress in acting on the appropriation request is
considered to be a congressional interest item. A prior
approval reprogramming is required for any increase to an item
that has been specifically reduced by the Congress.
Consequently, there can be no below threshold reprogrammings to
an item specifically reduced by the Congress.
Furthermore, in instances where a prior approval
reprogramming request for a project or account has been
approved becomes the new base for any future increase or
decrease via a below threshold reprogramming (provided that the
project or account is not a congressional interest item).
Alkali Silica Reactivity.--The conferees continue to be
concerned about the effects of Alkali Silica Reactivity (ASR)
on Department of Defense concrete facilities including aprons,
taxiways, runways and tarmacs. The conferees direct the Under
Secretary of Defense for Acquisition, Technology and Logistics
to assess the overall condition of Department of Defense
facilities and infrastructure with respect to ASR. This review
should also address the Department's long-term strategy and
recommendations to manage this issue. These findings should be
provided to the congressional defense committees not later than
May 1, 2001.
military construction, army
The conference agreement appropriates $909,245,000 for
Military Construction, Army, instead of $869,950,000 as
proposed by the House, and $823,503,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$109,306,000 for study, planning, design, architect and
engineer services, and host nation support instead of
$99,961,000 as proposed by the House and $84,706,000 as
proposed by the Senate.
Kansas--Fort Leavenworth: Bell Hall.--The conferees note
the deteriorating condition of Bell Hall, the central academic
and instructional facility of the Army's Command and General
Staff College. The cost to maintain the current physical plant
is no longer cost effective and its communications capabilities
are significantly constrained. The conferees encourage the Army
to include this replacement in the fiscal year 2002 budget
submission.
New York--U.S. Military Academy: Multimedia Learning
Centers.--Within funds provided for unspecified minor
construction, the conferees direct the Army to execute a
project in the amount of $500,000 to provide Multimedia
Learning Centers at the United States Military Academy in New
York.
Pennsylvania--Letterkenny Army Depot: Missile Igloo
Modifications.--Of the additional funding provided for planning
and design, the conferees direct that not less than $112,000 be
made available for the design of this facility.
Virginia--Fort Belvoir: Potomac Heritage National Scenic
Trail.--Within the additional funds provided for unspecified
minor construction, the conferees direct the Army to provide
not less than $500,000 for the multi-use trail system at Fort
Belvoir in Virginia.
Washington-Fort Lewis: Vancouver Barracks.--Within the
additional funds provided for unspecified minor construction,
the conferees direct the Army to provide not less than
$1,500,000 for the protection of historic facilities at the
Vancouver Barracks at Fort Lewis in Washington.
military construction, navy
The conference agreement appropriates $928,273,000 for
Military Construction, Navy, instead of $891,380,000 as
proposed by the House, and $828,278,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$73,335,000 forstudy, planning, design, architect and engineer
services instead of $67,502,000 as proposed by the House and
$71,000,000 as proposed by the Senate.
California--North Island Naval Air Station:
Transportation Infrastructure.--The conferees do not expect the
Navy to begin design of a project to alleviate traffic flow
problems at North Island Naval Air Station. The scope of the
project is far reaching and involves traffic considerations
that fall beyond the Navy mission. Therefore, planning and
design funds are not the proper source of funds to determine
the project requirements (10 U.S.C. 2807).
military construction, Air Force
The conference agreement appropriates $870,208,000 for
Military Construction, Air Force, instead of $703,903,00 as
proposed by the House, and $777,793,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$74,628,000 for study, planning, design, architect and engineer
services instead of $56,949,000 as proposed by the House and
$69,337,000 as proposed by the Senate.
Air Force Electronic Warfare Evaluation Simulator.--The
conferees are aware of an Air Force effort to develop a plan to
relocate the Air Force Electronic Warfare Evaluation Simulator
(AFEWES) from Air Force Plant 4 to the Air Force Flight Test
Center. Government studies, including the 1995 Base Realignment
and Closure Commission and a 1997 GAO report, all highlight the
absence of cost/capability rationale to justify such a
relocation. For these reasons, and to ensure that prudent
future expenditure of military construction funds, the
conferees encourage the Air Force to include a comprehensive
cost/benefit analysis and standard return on investment
criteria in the relocation study now being performed. Because
AFEWES specialized test capabilities are a vital element of our
national defense posture, study findings should also
demonstrate the technical and cost merits of relocation to the
Air Force Flight Test Center. The Secretary of the Air Force is
to review this matter and report to the House and Senate
Appropriations Committees no later than February 28, 2001.
Delaware--Dover AFB: Control Tower.--The conferees note
that the control tower at Dover AFB is antiquated, inadequately
sited, and lacks modern air traffic control equipment. Given
the activity level and mission critical nature of this base,
the project appears to be an excellent candidate for the
President's fiscal year 2002 budget. Accordingly, the conferees
urge the Secretary of the Air Force to review this project, and
to expedite its advancement into the fiscal year 2002 budget.
military construction, defense-wide
The conference agreement appropriates $814,647,000 for
Military Construction, Defense-wide, instead of $800,314,000 as
proposed by the House, and $801,098,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$77,505,000 for study, planning, design, architect and engineer
services as proposed by the House instead of $163,700,000 as
proposed by the Senate.
Chemical Demilitarization Program.--The budget request
proposes funding the construction of chemical weapon
demilitarization facilities under the ``Military Construction,
Army'' account. As in prior years, the conferees recommend that
this funding be appropriated under the ``Military Construction,
Defense-wide'' account, in order to facilitate the tracking of
expenses for the Chemical Demilitarization Program, and to
avoid distorting the size of the Army's military construction
program.
The conference agreement provides $175,400,000 for the
chemical demilitarization program to fully fund all requested
projects for fiscal year 2001. However, the conferees continue
to be concerned over the extremely slow obligation and
expenditure rates for the program due to significant delays at
most of the sites that are currently being constructed.
Therefore, the conferees include a general reduction of
$20,000,000 against the entire program.
Department of Defense Education Activity (DODEA).--The
conferees strongly support DODEA initiatives to increase the
half-day kindergarten program to full day in overseas schools
and reduce class size in grades 1-3 to an average of 18
students to 1 teacher. These educational initiatives are valued
and supported by the military community as a critical element
of its quality of life and readiness. Because these initiatives
require substantial funding to modernize school facilities, the
conference agreement provides an additional $11,852,000 for the
DODEA military construction program. Additional funding is
provided for the following projects:
----------------------------------------------------------------------------------------------------------------
Location Project title Request Recommendation
----------------------------------------------------------------------------------------------------------------
Germany: Hanau................................. Elementary School Classroom $1,026,000 $2,030,000
Addition.
Germany: Schweinfurt........................... Elementary School Classroom 1,444,000 1,750,000
Addition.
Germany: Wuerzburg............................. Elementary School Classroom 1,798,000 2,635,000
Addition.
Italy: Sigonella............................... Elementary/High School Classroom 971,000 3,450,000
Addition.
Korea: Osan.................................... Elementary School Classroom ............ 892,000
Addition.
Korea: Seoul................................... Elementary School Classroom ............ 2,451,000
Addition.
Korea: Taegu................................... Elementary/High School Classroom ............ 806,000
Addition.
United Kingdom: RAF Feltwell................... Elementary School Classroom 1,287,000 1,800,000
Addition.
United Kingdom: RAF Lakenheath................. Elementary School Classroom 3,086,000 5,650,000
Addition.
-----------------------------
Total........................................ ................................. 9,612,000 21,464,000
----------------------------------------------------------------------------------------------------------------
Military Construction, Army National Guard
The conference agreement appropriates $281,717,000 for
military Construction, Army National Guard, instead of
$137,603,000 as proposed by the House, and $233,675,000 as
proposed by the Senate.
California-Bakersfield: Readiness Center.--Of the
additional funding provided for planning and design, the
conferees direct that not less than $500,000 be made available
for the design of this facility.
California-Los Alamitos: Joint Headquarters Building.--
House Report 106-614 included language directing the Army
Reserve to accelerate the design of this facility and include
the required construction funding in its fiscal year 2002
budget request. The Army National Guard should be the lead
proponent for the facility. Therefore, the conferees direct the
Army National Guard to accelerate the design of the Joint
Headquarters Building in Los Alamitos, California and to
include the required construction funding in its fiscal year
2002 budget request.
California-National Guard Facilities.--The Army National
Guard requested nine location changes to the budget submission
for the state of California. The changes will provide a more
centralized vehicle maintenance management system. After design
of the budgeted projects began, the Army National Guard
realized the existing locations were unsuitable and further
facility investment would prove unwise. Accordingly, the
conferees recommend the following location changes:
(1) The project titles budgeted for Bakersfield,
Escondido, Richmond, San Jose, San Mateo, and Santa Barbara are
moved to Camp Parks.
(2) The project titles budgeted for Colton, Fresno, and
Los Alamitos are moved to Fresno.
Iowa-Fairfield: Readiness Center Addition.--Within the
additional funds provided for unspecified minor construction,
the conferees direct the Army National Guard to provide not
less than $1,066,000 for an addition to the readiness center at
Fairfield, Iowa.
Missouri--Fort Leonard Wood: Army Aviation Support
Center.--In the Senate report 106-290, the Army Aviation
Support Center at Fort Leonard Wood was incorrectly identified
as an unspecified minor construction project. This project
should be executed with funds made available for planning and
design.
Nevada--Carson City: Readiness Center.--The conferees are
concerned that the cost of the Readness Center in Carson City,
Nevada has increased due to changes in criteria directed by the
National Guard Bureau. Funding for this project was
appropriated in fiscal year 1999. The conferees direct the
National Guard Bureau to ensure that adequate additional
funding is provided to the Nevada National Guard to complete
this project.
Oregon--Eugene: Armed Forces Reserve Center Complex.--The
number one priority for the Oregon National Guard is to replace
a 66-year-old facility in Eugene which is considered undersized
by Naval Reserve/Marine Corps standards. The buildings have
deteriorated extensively and are substandard with respect to
size and level of serviceability of the building. The
consolidation will provide savings of about $1,400,000 in
direct construction costs and will reduce the operations and
maintenance burden by at least 20 percent annually. The
conferees encourage the National Guard to complete the design
and to include this project in its fiscal year 2002 budget
request.
Military Construction, Air National Guard
The conference agreement appropriates $203,829,000 for
Military Construction, Air National Guard, instead of
$110,585,000 as proposed by the House, and $183,029,000 as
proposed by the Senate.
Connecticut--Orange Air National Guard Station: Air
Control Squadron Complex.--Although the conferees were unable
to fund this project due to funding constraints, the conferees
strongly urge the Air National Guard to include this project in
its fiscal year 2002 budget submission.
Military Construction, Army Reserve
The conference agreement appropriates $108,738,000 for
Military Construction, Army Reserve, instead of $115,854,000 as
proposed by the House, and $99,888,000 as proposed by the
Senate.
New Jersey--Fort Dix: Barracks.--Of the $11,900,000
provided for planning and design within the ``Army Reserve''
amount, the conferees direct that not less than $900,000 be
made available for the design of this facility.
Utah--S.A. Douglas Armed Forces Reserve Center: Parking
and Site Improvements.--The conferees direct the Army Reserve
to execute a project to provide parking and site improvements
at the S.A. Douglas Armed Forces Reserve Center in Utah using
funds available for unspecified minor construction. The
estimated cost of this project is $700,000.
military construction, naval reserve
The conference agreement appropriates $64,473,000 for
Military Construction, Naval Reserve, instead of $53,004,000 as
proposed by the House, and $38,532,000 as proposed by the
Senate.
Rescission of Funds.--The conferees rescind $2,400,000
appropriated under the ``Military Construction, Naval Reserve''
account in the fiscal year 1998 Military Construction
Appropriations Act (Public Law 105-45). These are funds which
remain unobligated from the renovation of Building 1900 at the
Westover Air Force Reserve Base in Massachusetts. The project
was halted due to escalating costs in connection with asbestos
and other environmental problems.
military construction, air force reserve
The conference agreement appropriates $36,591,000 for
Military Construction, Air Force Reserve, instead of
$43,748,000 as proposed by the House, and $25,533,000 as
proposed by the Senate.
north atlantic treaty organization security investment program
The conference agreement appropriates $172,000,000 for
the North Atlantic Treaty Organization Security Investment
Program (NSIP), instead of $177,500,000 as proposed by the
House, and $175,000,000 as proposed by the Senate.
family housing, army
The conference agreement appropriates $235,956,000 for
Construction, Family Housing Army, instead of $198,505,000 as
proposed by the House and $221,106,000 as proposed by the
Senate.
The conference agreement appropriates $951,793,000 for
Operation and Maintenance, Family Housing, Army, instead of
$953,744,000 as proposed by the House and $958,364,000 as
proposed by the Senate.
The conference agreement appropriates a total of
$1,187,749,000 for Family Housing, Army, instead of
$1,152,249,000 as proposed by the House and $1,179,470,000 as
proposed by the Senate.
family housing, navy and marine corps
The conference agreement appropriates $418,155,000 for
Construction, Family Housing, Navy and Marine Corps, instead of
$419,584,000 as proposed by the House and $392,765,000 as
proposed by the Senate.
The conferees direct that the following projects are to
be accomplished within the increased amount provided for
construction improvements:
California--Camp Pendelton (98 units)................... $9,030,000
District of Columbia: 8th and I Marine Barracks (1 unit) 500,000
The conference agreement appropriates $881,567,000 for
Operation and Maintenance, Family Housing, Navy and Marine
Corps, as proposed by the Senate instead of $879,208,000 as
proposed by the House.
The conference agreement appropriates a total of
$1,299,722,000 for Family Housing, Navy and Marine Corps,
instead of $1,298,792,000 as proposed by the House and
$1,274,332,000 as proposed by the Senate.
California--Mission Trails Regional Park.--The conferees
include a new provision (Section 133) which amends Section 131
of the fiscal year 1988 Military Construction Appropriations
Act (Public Law 100-202). The new provision allows the
Secretary of the Navy to use proceeds from the conveyance of
real property in the Mission Trails Regional Park area, for the
acquisition of military family housing in the San Diego area
through the use of privatization authorities contained in
subchapter IV of chapter 169 of title 10. In addition, the new
provision permits the transfer of proceeds into the Department
of Defense Family Housing Improvement Fund.
family housing, air force
The conference agreement appropriates $251,982,000 for
Construction, Family Housing, Air Force, instead of
$241,384,000 as proposed by the House and $227,242,000 as
proposed by the Senate.
The conference agreement appropriates $820,879,000 for
Operation and Maintenance, Family Housing, Air Force, as
proposed by the House and Senate.
The conference agreement appropriates a total of
$1,072,861,000 for Family Housing, Air Force, instead of
$1,062,263,000 as proposed by the House and $1,048,121,000 as
proposed by the Senate.
family housing, defense-wide
The conference agreement appropriates $44,886,000 for
Construction, Family Housing, Defense-wide, as proposed by the
House and Senate.
department of defense family housing improvement fund
The conference agreement provides no appropriation for
the Department of Defense Family Housing Improvement Fund, as
proposed by the House and Senate. Transfer authority is
provided for the execution of any qualifying project under
privatization authority, which resides in the Fund.
Contractor Support for Family Housing Privatization.--The
conferees are concerned about the Army spending excessive
amounts on contractor support to evaluateand develop family
housing privatization proposals. Therefore, the Deputy Under Secretary
of Defense (Installations) is to review quarterly, and report to the
appropriate Committees of Congress, the expenses of each component to
ensure excessive amounts are not being spent on contractor support.
In the future, amounts appropriated into the Family
Housing Improvement Fund will be the sole source of funds to
finance the operation of the former Housing Revitalization
Support Office. It is the conferees' intent that Family Housing
funds will be the sole source of funds to develop, evaluate,
and oversee privatization deals. The conferees direct the Under
Secretary of Defense (Comptroller) to determine if these funds
are best appropriated out of Family Housing Operation and
Maintenance or Family Housing Planning and Design and to
provide consistency among the Services in the fiscal year 2002
budget submission. In addition, these funds will be separately
identified and justified as a sub-element account. This sub-
element is considered a congressional interest item and may not
be increased from the amount enacted without the prior approval
of the Committees on Appropriations.
Reporting Requirements.--The conferees are concerned that
the 21-day period of review prior to entering a privatization
contract is too limited, and is extending this review period to
a 45-day period. The Service Secretary concerned may not enter
into any contract until after the end of the 45-day period
beginning on the date the Secretary concerned submits written
notice of the nature and terms of the contract to the
appropriate committees of Congress.
To clarify existing reporting requirements, this 45-day
notification requirement applies to any project, regardless of
whether it is financed entirely by transfer of funds into the
Family Housing Improvement Fund, or it is fully financed within
funds available in the Family Housing Improvement Fund, or it
is funded by combining transferred funds with funds available
in the Family Housing Improvement Fund.
In addition, no transfer of appropriated funds into the
account may take place until after the end of the 45-day period
beginning on the date the Secretary of Defense submits written
notice and justification for the transfer to the appropriate
committees of Congress. The House and Senate Appropriations
Committees expect to receive prior notification of all such
transfers of funds.
The Department is to continue its quarterly reports on
the status of privatization projects.
base realignment and closure account, part iv
The conference agreement appropriates $1,024,369,000 for
the Base Realignment and Closure Account, Part IV, instead of
$1,174,369,000 as proposed by the House and Senate.
Unliquidated Obligations.--The conferees recommend a
reduction of $150,000,000 to the Base Realignment and Closure
Account, Part IV. This reduction is based on slow budget
execution and large amounts of unliquidated obligations. At the
time the fiscal year 2001 budget estimate was being developed,
the Department had $1,600,000,000 in reported unliquidated
obligations in the Base Realignment and Closure account. Of
this amount, $115,000,000 was appropriated prior to fiscal year
1995. The majority of the unliquidated funds resulted from
environmental cleanup activities that were carried out more
slowly than planned or determined not to be necessary.
California--Fort Ord: Thermochemical Conversion.--The
conferees are concerned about the environmental challenges
associated with the base closure re-use issues at Fort Ord in
California and the disposal of asbestos, PCB, impregnated
asbestos, lead-based paint and other hazardous construction
material. The conferees are aware of a cost-competitive
environmentally safe process that offers great potential for
addressing the unique problems at Fort Ord. This thermochemical
conversion process, which changes asbestos and other
construction material to a non-hazardous mineral, has been
demonstrated by the Department of Energy, validated by the Navy
at the Puget Sound Naval Shipyard in Washington and approved by
the Environmental Protection Agency. Accordingly, the conferees
direct the Department of the Army to develop and operate a
thermochemical conversion pilot plant at Fort Ord for
remediation of hazardous material generated by the activities
of the Fort Ord Re-use Authority.
Construction Projects: Administrative Provision.--The
conferees agree that any transfer of funds which exceeds
reprogramming thresholds for any construction project financed
by any Base Realignment and Closure Account shall be subject to
a 21-day notification to the Committees, and shall not be
subject to reprogramming procedure.
general provisions
The conference agreement includes general provisions that
were not amended by either the House or Senate in their
versions of the bill.
The conference agreement includes a provision, Section
121, as proposed by the House, which prohibits the expenditure
of funds except in compliance with the Buy American Act. The
Senate bill contained no similar provision.
The conference agreement includes a provision, Section
122, as proposed by the House, which states the Sense of the
Congress that recipients of equipment or products authorized to
be purchased with financial assistance provided in this
Division are to be notified that they must purchase American-
made equipment and products. The Senate bill contained no
similar provision.
The conference agreement includes a provision, Section
123, as proposed by the House, permitting the transfer of funds
from Family Housing, Construction accounts to the DOD Family
Housing Improvement Fund. The Senate bill contained no similar
provision.
The conference agreement includes a provision renumbered
Section 124, as proposed by the House and the Senate, to
prohibit the use of funds in this Division to be obligated for
Partnership for Peace programs in the New Independent States of
the former Soviet Union.
The conference agreement includes a provision renumbered
Section 125, as proposed by the House and the Senate, which
requires the Secretary of Defense to notify Congressional
Committees sixty days prior to issuing a solicitation for a
contract with the private sector for military family housing.
The conference agreement includes a provision renumbered
Section 126, as proposed by the House and the Senate, which
provides transfer authority to the Homeowners Assistance
Program.
The conference agreement includes a provision, Section
127, as proposed by the House, regarding funding for general
officers quarters and maintenance. The Senate bill contained a
similar provision.
The conference agreement includes a provision, Section
128, as proposed by the House, regarding family housing master
plans. The Senate bill contained no similar provision.
The conference agreement includes a provision, renumbered
Section 129, as proposed by the Senate amended to reduce
previous Acts by $100,000,000. The House bill contained no
similar provision.
The conference agreement includes a provision, renumbered
Section 130, as proposed by the House which allows the transfer
of funds appropriated in Public Law 106-52 under the heading
``Military Construction, Naval Reserve'' or ``Military
Construction, Navy.'' The Senate bill contained a similar
provision.
The conference agreement includes a provision, renumbered
Section 131, as proposed by the Senate, which allows the Army
to accept funds from the Federal Highway Administration for a
military construction project involving a rail connector at
Fort Campbell in Kentucky. The House bill contained no similar
provision.
The conference agreement includes a provision, Section
132 which rescinds $83,000,000 from the ``Foreign Currency
Fluctuations, Construction, Defense'' account. The House and
Senate bill contained no similar provision.
The conference agreement includes a provision, Section
133, which amends Section 131 of the Military Construction
Appropriations Act, 1988 (Public Law 100-202). The House and
Senate bill contained no similar provision.
The conference agreement includes a provision, Section
134, amending the Woodrow Wilson Memorial Bridge Authority Act
of 1995 (112 Stat. 160). The House and Senate bill contained no
similar provision.
The conference agreement includes a provision, Section
135, authorizing the use of private donations for the purpose
of renovating the Marine Corps' historic residences. This
provision requires a thirty-day notification to the appropriate
committees of the Congress prior to the use of such funds.
The conference agreement includes a provision, Section
136, revising Section 8168 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79) to clarify
reporting requirements placed on the Department of the Air
Force. This provision was included in Division B of the Senate
bill. The House bill contained no similar provision.
The conference agreement includes a provision, Section
137, providing further guidance to the Department of Defense
concerning planning and design impacting the Naval Submarine
Base, Bangor, Washington. This provision was included in
Division B of the Senate Bill. The House bill contained no
similar provision.
The conference agreement includes a provision, Section
138, limiting appropriations for the Cadet Physical Development
Center at the Military Academy, West Point, New York to
$77,500,000. The conferees direct that any further requirements
be funded though private donations. The Secretary of the Army
is directed to notify the appropriate committees of Congress
thirty days prior to the use of private donations for this
project. The House and Senate bills contained no similar
provision.
The conference agreement includes a provision, Section
139, requiring the Secretary of Defense to report on the
construction, security and operations of the Forward Operating
Locations (FOL's) in Manta, Ecuador, Aruba, Curacao and El
Salvador. The Senate bill contained a similar provision in
Division B. The House bill contained no similiar provision.
conference total--with comparisons
The total new budget (obligational) authority for the
fiscal year 2001 recommended by the Committee of Conference,
with comparisons to the fiscal year 2000 amount, the 2001
budget estimates, and the House and Senate bills for 2001
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2000.........$8,374,000
Budget estimates of new (obligational) authority, fiscal year
2001...................................................... 8,033,908
House bill, fiscal year 2001.................................. 8,634,000
Senate bill, fiscal year 2001................................. 8,634,000
Conference agreement, fiscal year 2001........................ 8,833,908
Conference agreement compared with:...........................
New budget (obligational) authority, fiscal year 2000..... +459,908
Budget estimates of new (obligational) authority, fiscal
year 2001............................................... +800,000
House bill, fiscal year 2001.............................. +199,908
Senate bill, fiscal year 2001............................. +199,908
DIVISION B--FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS
Report language included by the House in the report
accompanying H.R. 3908 (H. Rept. 106-521) which is not changed
by the Senate in the report accompanying S. 2522 (S. Rept. 106-
291), and the report accompanying S. 2536 (S. Rept. 106-288),
and Senate report language which is not changed by the
conference are approved by the committee of conference. The
statement of managers while repeating some report language for
emphasis, is not intended to negate the language referred to
above unless expressly provided herein.
TITLE I--KOSOVO AND OTHER NATIONAL SECURITY MATTERS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
Contingency Operations and Other Requested Funding
The President requested $2,190,800,000 in emergency
supplemental appropriations for the unfunded fiscal year 2000
costs of overseas contingency operations, damages sustained at
Department of Defense facilities resulting from natural
disasters, and other requirements. The conferees recommend
$2,291,626,000 in emergency supplemental appropriations to meet
these needs, as detailed by category and the applicable
appropriations accounts in the following table.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Natural Disaster Damage:
Operation and Maintenance, Army......................... 0 19,532 23,883 23,883
Operation and Maintenance, Navy......................... 0 20,565 20,565 20,565
Operation and Maintenance, Marine Corps................. 0 37,155 37,155 37,155
Operation and Maintenance, Air Force.................... 0 30,065 38,065 38,065
Operation and Maintenance, Defense-Wide................. 27,400 0 0 0
Operation and Maintenance, Army Reserve................. 0 2,174 2,174 2,174
Operation and Maintenance, Army National Guard.......... 0 2,851 2,851 2,851
Defense Health Program.................................. 0 3,533 3,533 3,533
---------------------------------------------------
Total................................................. 27,400 115,875 128,226 128,226
===================================================
Overseas Contingency Operations and other requirements:
Operation and Maintenance, Defense-Wide................. 40,000 40,000 40,000 40,000
Overseas Contingency Operations Transfer Fund........... 2,050,400 2,050,400 1,850,400 2,050,400
Aircraft Procurement, Air Force......................... 73,000 73,000 73,000 73,000
---------------------------------------------------
Total................................................. 2,163,400 2,163,400 1,963,400 2,163,400
===================================================
Grand Total........................................... 2,190,800 2,279,275 2,091,626 2,291,626
----------------------------------------------------------------------------------------------------------------
classified programs
In conjunction with the submission of the fiscal year
2001 budget request, the President requested fiscal year 2000
emergency supplemental appropriations for a number of
classified activities. In addition, on May 18, 2000, the
Director of the Office of Management and Budget forwarded to
the Congress a classified request regarding proposed fiscal
year 2000 funding adjustments in support of counter-terrorism
activities. The conferees' recommendations regarding these
requests are summarized in a classified annex to this statement
of managers.
shared reconnaissance pod (sharp)
The conferees agree with the House language concerning
the synthetic aperture radar (SAR) project within the SHARP
program. The conferees do not agree to the House language
regarding enhancements to the TARPS-CD system to meet future
fleet operational requirements.
General Provisions, This Chapter
The conferees agree to retain section 101, as proposed by
the House, which provides the Department of Defense authority
to pay service members Basic Allowance for Housing at the rates
in effect on December 31, 1999 during fiscal year 2000.
The conferees agree to retain section 102, as proposed by
the House, which provides $1,556,200,000 in emergency
appropriations for the ``Defense-Wide Working Capital Fund''
due to increases in the price of bulk fuel.
The conferees agree to retain and amend section 103, as
proposed by the House, and provide $90,000,000 in new
appropriations for tactical aviation shortfalls identified by
the Air Force during execution of the fiscal year 2000 budget.
These funds are fully offset by rescissions in section 123 of
this chapter.
The conferees agree to retain and amend section 104, as
proposed by the House, and provide $163,700,000 in new
appropriations for procurement of M1A2 tank upgrades. This
amount includes $125,000,000 as recommended in the House-passed
bill and an additional $38,700,000 as proposed in DoD
reprogramming request FY 00-21PA. The reprogramming request is
hereby denied as it has been obviated by this Act. These funds
are fully offset by rescissions in section 123 of this chapter.
The conferees agree to retain and amend section 105 and
106, as proposed by the House, and recommend $615,600,000 in
emergency appropriations and requisite legal authority to cover
unfunded requirements of the Defense Health Program, including
TRICARE claims for fiscal years 1998, 1999, and 2000. The
conferees also agree to retain section 107, as proposed by the
Senate, which provides $695,900,000 in emergency appropriations
for additional unfunded requirements of the Defense Health
Program.
[In thousands of dollars]
------------------------------------------------------------------------
DHP funding House Senate Conference
------------------------------------------------------------------------
TRICARE:
Claims..................... 854.5 ........... 615.6
FY 98.................. (34.6) ........... (34.6)
FY 99.................. (55.7) ........... (55.7)
FY 00.................. (297.3) ........... (297.3)
FY 01.................. (238.9) ........... ............
Other Requirements......... (228.0) ........... (228.0)
Additional DHP Requirements.... 750.0 695.9 695.9
----------------------------------------
Total, Defense Health 1,604.5 695.9 1,311.5
Program.................
------------------------------------------------------------------------
The conferees continue to be concerned about violations
of the Department's financial regulations and potential
violations of the Anti-Deficiency Act in the administration and
execution of the TRICARE program. Therefore, the conferees
direct the DoD Inspector General, in coordination with the
General Accounting Office (GAO), to conduct an investigation
into the execution and administration of DHP funds. The
investigation should examine: possible violations of the Anti-
Deficiency Act; evasion of DoD financial regulations; and the
overall management of the TRICARE program. The conferees
further direct the Department to provide a report to the
congressional defense committees within sixty days after the
enactment of this Act regarding the extent and scope of any
violations of fiscal law or departmental regulations.
The conferees agree to retain and amend section 108, as
proposed by the House, which provides $27,000,000 in emergency
appropriations for the Basic Allowance for Housing program.
The conferees agree to retain and amend section 109, as
proposed by the House, which provides $357,288,000 in emergency
appropriations to address shortfalls in military personnel,
recruiting, advertising, and retention programs. The conferees
direct that of the amount provided in this section, $73,826,000
in the military personnel accounts and $80,062,000 in the
operation and maintenance accounts shall be immediately
available for obligation to meet requirements identified by the
Under Secretary of Defense (Comptroller) in his June 12, 2000
submission of DD Form 1415-1 to the congressional defense
committees. The remaining funds, shown below by appropriations
account, shall be withheld from obligation until 30 days
following written notification to the Committees on
Appropriations regarding the proposed specific distribution of
funds by the Department:
Military Personnel, Army................................ $71,000,000
Military Personnel, Navy................................ 23,500,000
Military Personnel, Marine Corps........................ 4,000,000
Military Personnel, Air Force........................... 7,500,000
Reserve Personnel, Army................................. 12,400,000
National Guard Personnel, Army.......................... 12,000,000
Operation and Maintenance, Army......................... 15,000,000
Operation and Maintenance, Marine Corps................. 8,100,000
Operation and Maintenance, Air Force.................... 8,200,000
Operation and Maintenance, Army Reserve................. 12,000,000
Operation and Maintenance, Navy Reserve................. 6,700,000
Operation and Maintenance, Marine Corps Reserve......... 2,000,000
Operation and Maintenance, Air Force Reserve............ 4,000,000
Operation and Maintenance, Army National Guard.......... 12,000,000
Operation and Maintenance, Air National Guard........... 5,000,000
The conferees agree to retain and amend section 110, as
proposed by the House (and by the Senate in an appropriations
paragraph), which provides $220,000,000 in emergency
appropriations for ``Operation and Maintenance, Navy'', only
for the unfunded backlog of ship depot maintenance that has
emerged in execution of the fiscal year 2000 ship depot
maintenance program.
The conferees agree to retain and amend section 111, as
proposed by the House, which provides $503,900,000 in emergency
appropriations to meet urgent, unfunded requirements in support
of deployed forces, as follows:
[In thousands of dollars]
Operation and Maintenance, Navy (emergent costs in aircraft
operations and maintenance................................ 20,000
Operation and Maintenance, Air Force (emergent logistics
support shortfalls)....................................... 41,900
Operation and Maintenance, Defense-Wide (classified).......... 10,000
Operation and Maintenance, Air National Guard (emergent DLR
shortage-Model Fly)....................................... 24,100
Aircraft Procurement, Army (Apache safety modifications)...... 25,000
Aircraft Procurement, Navy.................................... 52,800
(CH-46 engine safety modifications: $27,000)
(EP-3 sensor improvements and modifications: 25,800)
Aircraft Procurement, Air Force............................... 212,700
(U-2 aircraft sensor improvements and modifications:
$111,600)
(U-2 trainer: 14,000)
(RC-135 Rivet Joint flight aircrew and mission trainers:
37,500)
(Compass Call mission crew trainer: 23,700)
(C-17 weapon system trainer: 14,900)
(C-17 maintenance system trainer: 11,000)
Other Procurement, Air Force (classified)..................... 41,400
Procurement, Defense-Wide (classified)........................ 13,000
Research, Development, Test and Evaluation, Army (WARSIMS).... 5,000
Research, Development, Test and Evaluation, Defense-Wide
(classified).............................................. 58,000
The conferees agree to retain and amend section 112, as
proposed by the Senate, which provides $7,000,000 in new
appropriations for biometrics information assurance programs.
These funds are fully offset by rescissions in section 123 of
this chapter.
The conferees agree to retain and amend section 113, as
proposed by the Senate, which provides $125,000,000 in
emergency appropriations to meet unfunded requirements for the
Patriot missile program. Of this amount, not less than
$50,000,000 shall be available for the Patriot Reliability
Enhancement Program and $75,000,000 shall be made available
only for the Patriot Advanced Capability--3 (PAC-3) program.
The conferees believe that completing the full qualification of
the PAC-3 missile against air breathing targets is essential.
The conferees direct that the $75,000,000 provided for the PAC-
3 program may be transferred to the appropriate account to
complete testing against aircraft and cruise missile targets,
to maintain a robust countermeasure capability, to improve the
producibility of the missile, and to purchase additional
missiles.
The conferees agree to retain and amend section 114, as
proposed by the Senate, which appropriates $300,000 only for
the Walking Shield program. These funds are fully offset by
rescissions in section 123 of this chapter.
The conferees agree to retain and amend section 115, as
proposed by the Senate, which provides $61,500,000 in emergency
appropriations for operations in East Timor and Mozambique.
The conferees agree to retain section 116, as proposed by
the Senate, which transfers previously-appropriated ``Operation
and Maintenance, Defense-Wide'' funds for environmental
response actions.
The conferees agree to retain and amend section 117, as
proposed by the Senate, which provides $8,000,000 in new
appropriations in support of the 2002 Olympic and Paralympic
Winter Games. These funds are fully offset by rescissions in
section 123 of this chapter.
The conferees agree to retain and amend section 118, as
proposed by the Senate, which directs the Ballistic Missile
Defense Organization to notify the congressional defense
committees prior to issuing certain types of information or
proposal solicitation under the National Missile Defense
program.
The conferees agree to retain section 119, as proposed by
the Senate, regarding the disposition of a Navy drydock.
The conferees agree to retain section 120, as proposed by
the Senate, which amends United States Code concerning the
Challenge Youth Program.
The conferees to retain section 121, as proposed by the
Senate, regarding the use of DoD facilities as official polling
places.
The conferees agree to retain and amend section 122, as
proposed by the Senate, which amends Section 8114 of the
Department of Defense Appropriations Act, 1999 concerning the
Marine Corps aircraft accident near Cavalese, Italy, and makes
funding provided in that Act applicable to SOFA claims.
The conferees agree to a new general provision, section
123, which rescinds $286,611,000 of prior year appropriations,
comprised of programs whose obligational authority will lapse
at the end of the current fiscal year. The specific programs
and the amounts rescinded are as follows:
------------------------------------------------------------------------
Fiscal year and account Program Amount
------------------------------------------------------------------------
1989--Shipbuilding and DDG-51 destroyer..... $9,100,000
Conversion, Navy.
1989--Shipbuilding and T-AO fleet oiler..... 6,645,000
Conversion, Navy.
1989--Shipbuilding and T-AGOS surveillance 3,420,000
Conversion, Navy. ship.
1989--Shipbuilding and Outfitting and Post 1,293,000
Conversion, Navy. Delivery.
1999--Research, Development, Test Darkstar UAV......... 7,000,000
and Evaluation, Air Force.
2000--Military Personnel, Army... Pay and Allowances of 98,700,000
Enlisted.
2000--Military Personnel, Navy... Pay and Allowances of 23,527,000
Officers.
2000--Military Personnel, Navy... Pay and Allowances of 25,600,000
Enlisted.
2000--Military Personnel, Air Pay and Allowances of 12,000,000
Force. Officers.
2000--Military Personnel, Air Pay and Allowances of 44,000,000
Force. Enlisted.
2000--Military Personnel, Air PCS Travel........... 26,000,000
Force.
2000--Reserve Personnel, Air Unit and Individual 4,500,000
Force. Training.
2000--National Guard Personnel, Unit and Individual 24,826,000
Army. Training.
---------------
Total...................... ..................... 286,611,000
------------------------------------------------------------------------
The conferees agree to retain section 124, as proposed by
the House and the Senate, which provides authorization for
certain intelligence related activities.
The conferees agree to retain section 125, as proposed by
the House and the Senate, which repeals sections 8175 and 8176
of the Fiscal Year 2000 Department of Defense Appropriations
Act (as amended by Public Law 106-113) concerning prompt
payments and progress payments.
The conferees agree to a new general provision, section
126, concerning the designation of emergency appropriations in
this chapter by the Congress and the President.
CHAPTER 2
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
general investigations
The conference agreement includes $1,500,000 for the
Corps of Engineers to conduct a study of the need for
additional flood protection in Princeville, North Carolina, and
$2,000,000 for the Corps of Engineers to resume engineering and
design of an outlet at Devils Lake, North Dakota.
The entire amount has been designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
construction, general
The conferees have provided $3,000,000 to initiate
construction of the Johnson Creek, Arlington, Texas, project
substantially in accordance with the Interim Feasibility Report
dated March 1999. The entire amount has been designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
operation and maintenance, general
The conferees have included $200,000 to carry out
dredging of Saxon Harbor, Wisconsin, necessitated by low water
levels in the Great Lakes. The entire amount has been
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
The conference agreement includes $600,000 for the Lewis
and Clark Rural Water System project in South Dakota. The
entire amount has been designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF ENERGY
Atomic Energy Defense Activities
weapons activities
The conference agreement appropriates $96,500,000 for
Weapons Activities instead of $55,000,000 as proposed by the
House and $221,000,000 as proposed by the Senate. The entire
amount has been designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Production plants.--The conference agreement includes
$25,000,000 for the Y-12 Plant in Oak Ridge, Tennessee;
$11,000,000 for the Kansas City Plant in Missouri; and
$7,500,000 for the Pantex Plant in Amarillo, Texas. This
funding will be used to address critical workforce and required
infrastructure improvements at the three production facilities.
Weapons laboratories.--The conference agreement includes
$5,000,000 for the Los Alamos National Laboratory and
$14,000,000 for the Sandia National Laboratory to address
workforce issues and infrastructure improvements.
Transportation Safeguards Division.--The conference
agreement includes $10,000,000 for the Transportation
Safeguards Division for fleet upgrades.
Other weapons sites.--The conference agreement includes
$1,500,000 for the Savannah River Site for infrastructure
improvements and $2,500,000 for construction of the U1h shaft
to enhance worker safety at the Nevada Test Site.
Cyber Security.--The conference agreement includes
$20,000,000 for cyber security upgrades at the nuclear weapons
complex. The conferees direct the National Nuclear Security
Administration (NNSA) to perform planning, analysis, testing
and evaluation necessary to develop the highest value
alternatives for improving cyber security throughout the
nuclear weapons complex. The NNSA should submit to Congress by
January 15, 2001, a detailed plan with estimated costs and
schedules for a reasonable program that defends the highest
value targets.
Other Defense Activities
The conference agreement appropriates $38,000,000 for
Other Defense Activities instead of $63,000,000 as proposed by
the House and $12,000,000 as proposed by the Senate. The entire
amount has been designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Highly Enriched Unranium Blend Down Project.--The
conference agreement includes statutory language proposed by
the House authorizing the Department to initiate design of the
Highly Enriched Uranium Blend Down Project at the Savannah
River Site.
Office of Security and Emergency Operations.--The
conference agreement provides $3,000,000 to support critical
staffing needs in the office of security and emergency
operations.
Cyber Security.--The conference agreement provides
$25,000,000 for cyber security needs under the direction of the
Chief Information Officer. Funding of $20,000,000 is to address
unclassified cyber security systems and security needs in the
corporate management information systems. Funding of $5,000,000
has been provided for the Office of Intelligence/Special
Technologies Program to develop and enhance unique capabilities
and technologies within the Department's laboratory complex for
the protection and exploitation of information and related
infrastructure systems for the Department and other critical,
national-level missions.
Environment, Safety and Health.--The conference agreement
includes $10,000,000 to accelerate projects which have been
initiated to address worker health and safety concerns at the
Paducah, Kentucky, and Portsmouth, Ohio, gaseous diffusion
plants.
energy programs
uranium enrichment decontamination and decommissioning fund
The conference agreement appropriates $58,000,000 for the
Uranium Enrichment Decontamination and Decommissioning Fund as
proposed by the Senate instead of $16,000,000 as proposed by
the House. The entire amount has been designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
The conference agreement includes $16,000,000 as proposed
by the Administration to accelerate environmental cleanup at
the Paducah, Kentucky, and Portsmouth, Ohio, gaseous diffusion
plants.
The conference agreement includes $42,000,000 as proposed
by the Senate for reimbursements to uranium and thorium
licensees under Title X of the Energy Policy Act of 1992.
science
The conference agreement includes report language
proposed by the House directing the Department to develop a
plan outlining the cost, scope, and schedule for
decontaminating and decommissioning the High Flux Beam Reactor
at the Brookhaven National Laboratory in New York.
General Provisions--This Chapter
Corps of Engineers Reorganization.--The conference
agreement does not include language proposed by the Senate
regarding management reforms of the U.S. Army Corps of
Engineers. However, the conferees are extremely concerned about
the management reforms initially imposed upon the Corps of
Engineers in March of this year by the Secretary of the Army
and subsequently suspended due to lack of adequate and
appropriate coordination and consultation with the Congress. It
is the conferees' strong conviction and expectation that any
such management reforms, if yet contemplated by the
Administration, will have full benefit of consultation with the
Congress in developmental stages and prior to implementation.
In recent months, actions by Administration officials, as
manifested by the proposed management reforms and other public
pronouncements, suggest premature conclusions and findings may
have been reached regarding as yet unsubstantiated allegations
of wrong-doing by Corps of Engineers officials related to
studies and initiatives for maintaining and providing the
Nation's water resources infrastructure. Results of on-going
investigations related to these charges must be made available
and considered before any reforms are contemplated. Any actions
carried out by the Administration to change the existing
management and oversight structure and existing delegations and
functions involving the Corps of Engineers without prior and
satisfactory coordination with the Congress will not be
received favorably and may cause the Congress to revisit this
issue and undertake an appropriate response.
Waste Isolation Pilot Plan.--The conference agreement
includes statutory language proposed by the Senate providing
that funds in this or any other Act and hereafter may not be
used to pay on behalf of the United States or a contractor or
subcontractor of the United States for posting a bond or
fulfilling any other financial responsibility requirement
relating to the closure or post-closure care and monitoring of
the Waste Isolation Pilot Plant in New Mexico.
Central Arizona Project.--The conference agreement
includes a provision proposed by the Senate which states none
of the funds provided in this or any other Act may be used to
further reallocate Central Arizona Project water or to prepare
an Environmental Assessment, Environmental Impact Statement, or
Record of Decision providing for a reallocation of Central
Arizona Project water until Congress enacts legislation
authorizing and directing the Secretary of the Interior to make
allocations and enter into contracts for delivery of Central
Arizona Project water.
Congressional Direction.--The conference agreement
includes statutory language directing that funds provided in
Public Law 106-60 and prior Energy and Water Development
Appropriations Acts be made available for the specified
institutions and purposes.
Nuclear Regulatory Commission.--The conference agreement
includes statutory language proposed by the House providing
that no funds appropriated in fiscal year 2000 to the Nuclear
Regulatory Commission (NRC) may be used to relocate, or to plan
or prepare for the relocation of, the functions or personnel of
the Technical Training Center from its location in Chattanooga,
Tennessee. The conference agreement extends the language to
fiscal year 2001.
CHAPTER 3
Military Construction
General Provisions, This Chapter
Section 301. Recommends $19,048,000 as a contingent
emergency for military construction and family housing due to
storm related damage.
Section 302. Recommends $1,000,000 as a contingent
emergency for Military Construction, Defense-wide, to augment
the Corps of Engineers' planning and design work associated
with the National Missile Defense system.
Section 303. Provides $35,000,000 for the acquisition of
land at Blount Island, Florida and rescinds $35,000,000 of
funds provided in the Military Construction Appropriations Act,
1996 (Public Law 104-32).
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
Coast Guard
The conference agreement provides $700,000,000 in
supplemental appropriations for the U.S. Coast Guard, including
$655,000,000 designated as contingent emergency funding. The
conference agreement requires a Presidential declaration before
any of the emergency funding is available for obligation.
operating expenses
The conference agreement includes an emergency
appropriation of $77,000,000 for Coast Guard ``Operating
expenses'', instead of $262,446,000 as proposed by the Senate
and $37,000,000 as proposed by the House. The funds are made
available until September 30, 2001, and are only available upon
designation by the President of an emergency requirement. The
conference agreement allocates these funds in the manner
recommended by the Secretary of Transportation and the
Commandant of the Coast Guard, as shown below:
Activity Amount
Health care............................................. $18,000,000
Basic allowance for housing............................. 15,000,000
Military pay............................................ 5,000,000
Cost of living increases in high cost areas............. 2,000,000
Recruiting/retention bonuses............................ 15,000,000
Hurricane-damaged facilities............................ 8,000,000
Operational fuel/unit level readiness................... 13,000,000
Fixed wing aviator retention bonuses.................... 1,000,000
--------------------------------------------------------
____________________________________________________
Total......................................... 77,000,000
The conferees note that some of these funding
requirements relate to changed military personnel entitlements
enacted in the fiscal year 2000 National Defense Authorization
Act. The Coast Guard had adequate time to advise the
Appropriations Committees of these costs prior to conference on
the fiscal year 2000 Department of Transportation and Related
Agencies Appropriations Bill, and to include them in the fiscal
year 2001 budget estimate. In the future, the conferees expect
the Coast Guard to ensure timely update of its budget
estimates, to avoid the need for supplemental appropriations.
acquisition, construction, and improvements
The conference agreement includes an emergency
appropriation of $578,000,000 for acquisition of Coast Guard
capital assets. The funding is to remain available until
expended and is to be distributed as follows:
Project Amount
C-130J long range maritime patrol aircraft.............. $468,000,000
Great Lakes icebreaker replacement...................... 110,000,000
--------------------------------------------------------
____________________________________________________
Total......................................... 578,000,000
C-130J aircraft.--The conference agreement includes
$468,000,000, as proposed by the Senate, for acquisition of six
C-130J long-range maritime patrol aircraft as authorized under
section 812(b) of the Western Hemisphere Drug Elimination Act
(P.L. 105-277). These aircraft are capable of defense
requirements and other Coast Guard missions. The conference
agreement specifies that this acquisition shall not influence
the procurement strategy, program requirements, or downselect
decision pertaining to the Deepwater Capability Replacement
Project, as proposed by the Senate.
Great Lakes icebreaker replacement.--The conference
agreement includes $110,000,000 for the Great Lakes icebreaker
replacement. These funds will support the costs of design,
construction, inspection, validation, testing and project
administration associated with acquisition of a new multi-
purpose icebreaker to replace the USCGC Mackinaw. After 55
years of service, the Mackinaw has escalating operating and
maintenance costs and declining reliability, and is scheduled
to be decommissioned in 2006. New construction of a vessel
designed to perform heavy icebreaking and maintain floating
aids-to-navigation will expand the efficiency and reliability
of Coast Guard operations in the Great Lakes.
CHAPTER 5
General Provisions--This Title
Section 501. The conference agreement appropriates
$25,000,000 for the Agency for International Development,
``International Disaster Assistance'' for rehabilitation and
reconstruction assistance for Mozambique, Madagascar, and
southern Africa, to remain available until expended. The entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and shall be available
only to the extent an official budget request that includes
designation of the entire amount as an emergency requirement is
transmitted by the President to the Congress.
Section 502. The conference agreement appropriates
$50,000,000 for ``Assistance for Eastern Europe and the Baltic
States'' to remain available until September 30, 2001. These
funds shall only be available for assistance for Montenegro and
Croatia, and not to exceed $12,400,000 for assistance for
Kosovo for police activities. The entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and is subject to the regular notification
procedures of the Committees on Appropriations.
TITLE II--NATURAL DISASTER ASSISTANCE AND OTHER SUPPLEMENTAL
APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
The conference agreement includes an additional
$1,350,000 for implementation of the Livestock Mandatory Price
Reporting Act of 1999. This amount will offset additional costs
to USDA agencies to implement this Act. Unfunded agency
requirements include: $550,000 for the Economic Research
Service; $200,000 for the Foreign Agricultural Service;
$400,000 for the National Agricultural Statistics Service; and
$200,000 for the Grain Inspection, Packers and Stockyards
Administration. Although the $4,700,000 in implementation
funding sought by the Administration for fiscal year 2000 was
provided by Public Law 106-113, these funds have not been
distributed among all agencies responsible for administration
of this Act.
The conferees note that language contained in Public Law
106-78 requires that the Department of Agriculture obtain
Congressional approval before funds for the common computing
environment can be spent. The conferees hereby approve those
funds for obligation.
Farm Service Agency
salaries and expenses
The conference agreement includes an additional
$77,560,000, to remain available until expended, as proposed by
the House, instead of $39,000,000 as proposed by the Senate. Of
this amount, $26,237,000 is to support temporary staff;
$12,865,000 is for Pigford consent decree expenses; and
$38,458,000 is for information technology expenses
requirements.
Rural Housing Service
rural housing insurance funds program account
The conference agreement includes an additional
$15,872,000 in budget authority for an estimated loan level of
$40,000,000 for Section 515 rental housing, as proposed by the
House and Senate.
rental assistance program
The conference agreement includes an additional
$13,600,000 for the Rental Assistance Program, as proposed by
the House and Senate.
General Provisions--This Chapter
Section 2101. The conference agreement includes language
that makes up to $81,000,000 of Commodity Credit Corporation
funds available to be used to forgive loans to producer-owned
associations or producers that suffered losses from natural
disasters, as proposed by the House and Senate.
Section 2102. The conference agreement provides authority
for the Secretary of Agriculture to use Commodity Credit
Corporation funds to offset the assessment on peanut producers
for losses from 1999, as proposed by the Senate.
CHAPTER 2
DEPARTMENT OF JUSTICE
Salaries and Expenses, United States Attorneys
The conference agreement includes $12,000,000, to remain
available until expended, as a contingent emergency
appropriation, to be divided equally between the States of
Texas, New Mexico, Arizona, and California to reimburse county
and municipal governments only for Federal costs associated
with the handling and processing of illegal immigration and
drug and alien smuggling cases. The use of these funds is
limited to court costs, courtroom technology, the building of
holding spaces, administrative expenses, and indigent defense
costs.
Drug Enforcement Administration
salaries and expenses
The conference agreement includes $181,000,000, to remain
available until expended, as a contingent emergency
appropriation, to be deposited into the Telecommunications
Carrier Compliance Fund for implementation of the
Communications Assistance for Law Enforcement Act (CALEA). The
conferees note that narcotics trafficking investigations are
increasingly dependent on the use of intercepted
communications, accounting for 72% of all court-authorized
electronic surveillance actions. As criminal organizations
utilize advanced technologies to elude law enforcement, U.S.
law enforcement's current drug intelligence and investigative
capabilities have been eroded. Therefore, the conference
agreement includes funding to implement CALEA to correct this
problem to ensure these capabilities are maintained in
accordance with current statutory requirements and deadlines.
Office of Justice Programs
justice assistance
The conference agreement includes $2,000,000, as a
contingent emergency appropriation, for grants to Indian
reservations and counties with populations under 150,000 that
are located in Arizona and are adjacent to the United States-
Mexico border. Funds are to be allocated in proportion to the
population of each eligible county and Indian reservation.
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
The conference agreement includes $55,800,000, as an
emergency appropriation, to remain available until expended.
This amount provides for planning assistance, public works
grants, and capitalization of revolving loan funds to assist in
the recovery efforts of communities impacted by Hurricane Floyd
and other recent disasters. Of this amount, $30,000,000 is
provided as a contingent emergency to be provided to assist
communities in New Jersey impacted by Hurricane Floyd. The
conferees direct EDA to submit a spending plan for the amounts
provided prior to the release of these funds.
National Oceanic and Atmospheric Administration
operations, research, and facilities
The conference agreement includes $30,700,000, as an
emergency appropriation, to remain available until expended, of
which $13,300,000 is provided as a contingent emergency
appropriation. Of this amount, $10,800,000 is provided as an
emergency appropriation to assist fishermen impacted by
Hurricanes Floyd, Dennis, George, and Mitch. In addition, a
total of $13,900,000 is included to provide relief from the
recent disaster in the Long Island Sound lobster fishery, of
which $7,300,000 is provided as a contingent emergency to be
divided equally between the States of New York and Connecticut,
not less than $3,650,000 for each State, for the following
purposes: (1) to pay compensation to individuals for reductions
in the number of lobsters caught in the Long Island lobster
fishery in the 1999 fishing season, as compared to such catch
in the 1998 fishing season as a result of the lobster fishery
disaster; (2) to provide direct sustaining aid to fishermen;
and (3) to provide assistance to communities that are dependent
on such fishery and have suffered losses from such disaster.
The remaining funds provided for the Long Island Sound lobster
fishery disaster are available for research into the causes of
the disaster. The conferees expect NOAA to submit a spending
plan prior to release of these funds.
The conference agreement also includes $5,000,000 as a
contingent emergency to provide relief from disaster in the
West Coast groundfish fishery. The conferees expect that this
amount shall be divided between the States of California,
Oregon, and Washington in proportion to the impact of the
disaster in each State. The amounts provided to these States
shall be available for the following purposes: (1) to pay
compensation to individuals who have suffered a direct negative
impact from the West Coast groundfish fisheries disaster, (2)
to provide direct sustaining aid to such fishermen, and (3) to
provide assistance to communities that are dependent on the
West Coast groundfish fisheries and have suffered losses from
such disaster. The conferees direct NOAA to submit a spending
plan prior to the release of these funds. The conference
agreement also includes $1,000,000 as a contingent emergency
appropriation for repairs to the NOAA hurricane reconnaissance
aircraft.
DEPARTMENT OF STATE
International Commissions
american sections, international commissions
The conference agreement includes $2,150,000, to remain
available until expended, as a contingent emergency
appropriation under this account for International Joint
Commission activities related to levels and flows of Lake
Ontario and the St. Lawrence River.
other
United States Commission on International Religious
Freedom
The conference agreement includes $2,000,000, to remain
available until expended, as a contingent emergency
appropriation for the activities of the Commission.
RELATED AGENCY
Small Business Administration
disaster loans program account
The conference agreement includes an additional
$15,500,000 in emergency fiscal year 2000 subsidy
appropriations for disaster loans for recovery efforts related
to Hurricane Floyd, and other natural disasters.
The conference agreement also includes an additional
$25,400,000 in emergency fiscal year 2000 appropriations for
direct administrative expenses associated with disaster loan
making and servicing activities necessary to carry out the
disaster loan program related to Hurricane Floyd and other
natural disasters. The conference agreement includes language
prohibiting the use of funds for indirect administrative
expenses. The conferees note that this additional amount
results in a total appropriation of $141,400,000 for the direct
administrative costs of the fiscal year 2000 disaster loan
program.
Language is included designating the amounts provided as
an emergency requirement, and making these amounts available
only to the extent that an official budget request is submitted
requesting that these specific amounts be designated as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
General Provisions--This Chapter
Section 2201. The conference agreement includes emergency
assistance for the Pribilof Island and East Aleutian area of
the Bering Sea crab fishery for payment of direct assistance to
Oregon, Washington, and Alaska fishermen. The conference
agreement includes $10,000,000 as a contingent emergency for
the following: (1) $7,000,000 to allow disaster assistance
payments to affected states; (2) $2,000,000 to determine the
cause of the fisheries disaster through a cooperative research
effort between the National Marine Fisheries Service and the
State of Alaska; and (3) $1,000,000 for the State of Alaska to
develop a plan to restore the crab population.
Section 2202. The conference agreement includes
$10,000,000 as a contingent emergency appropriation for
assistance for the Northeast multispecies fishery failure to
support a voluntary fishing capacity reduction program.
Section 2203. The conference agreement includes
$7,000,000 as a contingent emergency appropriation to study the
long-line interactions with sea turtles in the North Pacific
and commercial fishing activities in the Northwest Hawaiian
Islands, and provide observer coverage for the Hawaiian long-
line fishery.
Section 2204. The conference agreement amends Public Law
101-380, as amended, and inserts a new section 5007 to provide
$5,000,000 as a contingent emergency appropriation to create a
new North Pacific Marine Research Institute at the Alaska
SeaLife Center to be administered by the North Pacific Research
Board.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
The conference agreement provides $200,000,000 in
emergency funding for wildland fire management instead of
$100,000,000 as proposed by the House and by the Senate. Of the
amount provided, $100,000,000 is contingent on receipt of a
budget request that includes a Presidential designation of the
amount requested as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
land acquisition
The conference agreement provides $2,000,000 in emergency
funding for land acquisition for the Douglas Tract along the
Potomac River in Southern Maryland. Approximately 1,000 acres
of undeveloped riverfront land is available from a willing
seller. This land is of significant historic value with Native
American and Civil War sites. Preservation of the land will
also help preserve wildlife habitat and unique wetland areas.
The President's budget request for fiscal year 2001 included
$3,000,000 for this purchase. The entire amount is contingent
on receipt of a budget request that includes a Presidential
designation of the entire amount as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
The conference agreement provides $9,821,000 in emergency
funding for regulation and technology as proposed by the Senate
instead of no funding as proposed by the House. The funds are
for the surface mining regulatory program of the State of West
Virginia. The entire amount is contingent on receipt of a
budget request that includes a Presidential designation of the
entire amount as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
The managers are concerned that the State of West
Virginia lacks sufficient funding and staffing resources to
regulate the effects of surface coal mining operations within
the State pursuant to the Surface Mining Control and
Reclamation Act (SMCRA). Recent litigation and the commencement
of a formal review by the office of Surface Mining related to
the State's regulatory program demonstrate that unless
additional funds are provided immediately, a Federal takeover
of these responsibilities may be imminent. If a takeover occurs
it will increase the costs to the Federal Government for
regulating coal mining in West Virginia and cause major
disruptions on the ground. With the additional resources
provided in this Act, the State will have the capability to
administer an adequate regulatory program to enforce
environmental laws and have the necessary tools to perform
technical reviews of permit applications effectively and
efficiently.
Accordingly, the managers are providing a total of
$9,821,000 to the Office of Surface Mining Reclamation and
Enforcement to ensure that the State has adequate funds to
carry out its regulatory responsibilities under SMCRA. Of this
amount, $6,222,000 is for the Office of Surface Mining to enter
into a cooperative agreement with the West Virginia Division of
Environmental Protection to enhance program capabilities,
including developing a geospatial database to ensure
appropriate geologic and hydrologic sampling, performing
watershed modeling, and other programmatic improvements to
ensure the State is able to meet its regulatory requirements
under SMCRA.
A total of $3,599,000 is provided to address the West
Virginia Office's staffing deficiencies. These funds are
subject to the 50 percent matching requirement of section
705(a) of SMCRA. The managers note that West Virginia operates
its program with fewer staff and a smaller budget than
surrounding States with similar workloads. The controversy over
mountaintop removal mining has been a catalyst for
demonstrating weaknesses in the West Virginia regulatory
program.
The managers appreciate that the Office of Surface Mining
and the State of West Virginia have worked together closely to
characterize the deficiencies in the State's regulatory
program. The managers expect this close cooperation to continue
as the parties address and resolve program deficiencies. The
managers direct the Office of Surface Mining, in conjunction
with the State, to keep the House and Senate Committees on
Appropriations apprised of the efforts made to correct these
problems in the State's regulatory program.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
The conference agreement provides $2,000,000 in emergency
funding for the national forest system instead of $5,759,000 as
proposed by the Senate and no funding as proposed by the House.
The funds are for storm damage repairs in National Forests in
Minnesota and Wisconsin. The entire amount is contingent on
receipt of a budget request that includes a Presidential
designation of the entire amount as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
wildland fire management
The conference agreement provides $150,000,000 in
emergency funding for wildland fire management as proposed by
the House instead of $1,620,000 as proposed by the Senate. The
entire amount is contingent on receipt of a budget request that
includes a Presidential designation of the entire amount as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
General Provisions--This Chapter
Section 2301 provides authority for the Indian Health
Service to release funds appropriated in fiscal year 1999 for
construction of a clinic in King Cove, Alaska as proposed by
the Senate. Land owned by the city has been designated for the
facility and this language is needed to permit IHS to use that
site.
Section 2302 requires the Secretary of Energy to fund a
particulate monitoring program as directed by the Congress in a
report accompanying a previous appropriations Act. Funds were
made available for this purpose in Public Law 105-277 under the
Fossil Energy Research and Development account. The Secretary
of Energy has instituted a policy wherein he has to approve any
Congressionally identified project prior to the release of
funds. This policy has resulted in a bureaucratic morass and
prevented the timely initiation of important research. The
Secretary of Energy is urged to reexamine this policy.
The conference agreement does not include language
proposed by the Senate addressing the designation of land for a
jetty and sand transfer system for the Oregon Inlet in North
Carolina. The managers will continue to examine this issue and
consider it within the context of the fiscal year 2001
appropriations bill for the Department of the Interior and
Related Agencies.
Section 2303 modifies language proposed by the Senate to
provide interim compensation for fishermen, crew members, and
processors affected by restrictions on Dungeness crab fishing
in Glacier Bay National Park, AK. The modification limits these
payments to losses incurred in 2000 except for Buy N Pack
Seafoods which is eligible for compensation for 1999 and 2000.
CHAPTER 4
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
The conference agreement does not include $40,000,000
earmarked for Summer Youth Employment as proposed by the Senate
and requested by the President.
Mine Safety and Health Administration
salaries and expenses
The conference agreement includes a technical change
proposed by both the House and Senate to clarify that funds
collected by the National Mine Health and Safety Academy for
tuition, room, board, and other authorized activities are in
addition to the annual appropriation amount.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
The conference agreement provides $20,000,000 for
abstinence education within ``Special projects of regional and
national significance;'' part of the maternal and child health
block grant as proposed by the House. The Senate bill contains
no similar provision. The conference agreement also includes a
rescission of $20,000,000 for abstinence education in the
Adolescent Family Life program in the Office of the Secretary
as proposed by the House. The Senate bill contains no similar
provision.
The conference agreement does not include $100,000,000 in
supplemental funding for the Ricky Ray Hemophilia Relief Fund
as requested by the Administration.
The conference agreement includes $3,000,000 within
Health Care Facilities and Construction for Little Flower
Children's Services in Wading River, New York, for renovation
and construction of a children's psychiatric services facility.
The agreement designates the entire amount as an emergency
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Centers for Disease Control and Prevention
disease control, research, and training
(including transfers of funds)
The conference agreement transfers $460,000 provided
under Health Resources and Services Administration health care
facilities construction to the CDC chronic and environmental
disease prevention program for a comprehensive cancer control
program at the MD Anderson Cancer Center in Houston, TX to
address minority and medically underserved populations.
The conference agreement includes $12,000,000 for
international HIV/AIDS funding, available until September 30,
2001, and designated as an emergency pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985. The same amount is rescinded under the
Public Health and Social Services Emergency Fund, which was
originally made available for one year in the Departments of
Labor, Health and Human Services and Education and Related
Agencies Appropriations Act, 2000.
Administration on Children and Families
payments to states for foster care and adoption assistance
The conference agreement provides $35,000,000 for
payments to States for foster care and adoption assistance as
proposed by both the House and Senate.
low income home energy assistance
The conference agreement includes $600,000,000 for the
Low Income Home Energy Assistance Program (LIHEAP) emergency
fund as proposed by both the House and Senate. The conference
agreement also makes these funds available until expended as
proposed by the Senate. The House bill makes these funds
available for obligation through September 30, 2000. The
conference agreement also designates the entire amount as an
emergency pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
refugee and entrant assistance
The conference agreement includes a provision extending
the availability of Refugee and Entrant Assistance funding from
two years to three years as proposed by the House. The Senate
bill contains no similar provision.
Administration on Aging
aging services programs
The conference agreement includes a provision to extend
the availability of funds for the Anchorage, Alaska Senior
Citizen's Center as proposed by both the House and Senate.
Office of the Secretary
general departmental management
(rescission)
The conference agreement includes a rescission of
$20,000,000 for abstinence education in the Adolescent Family
Life program in the Office of the Secretary. $20,000,000 in
additional Abstinence Education Funding is provided in the
Health Resources and Services Administration.
Public Health and Social Services Emergency Fund
(rescission)
The conference agreement does not include a rescission of
$163,752,000 as proposed by the President.
The conference agreement rescinds $31,200,000 in
bioterrorism funding made available for one year in the
Departments of Labor, Health and Human Services and Education
and Related Agencies Appropriations Act, 2000 and
reappropriates the same amount, making it available until
expended. Both the amount rescinded and the reappropriation are
designated as an emergency pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
The conference agreement rescinds $12,000,000 in Centers
for Disease Control and Prevention funding made available for
one year in the Departments of Labor, Health and Human Services
and Education and Related Agencies Appropriations Act, 2000 and
reappropriates the same amount, making it available until
September 30, 2001. Both the amount rescinded and the
reappropriation are designated as an emergency pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
General Provision--Department of Health and Human Services
Section 2401. The conference agreement includes a
provision to remove the authority to transfer funds among
accounts from the Centers for Disease Control and Prevention as
proposed by both the House and Senate.
DEPARTMENT OF EDUCATION
Special Education
The agreement includes a provision that allows funds
presently appropriated in FY00 for the Paralympic Winter Games
to be awarded to a designee of the Salt Lake Organizing
Committee for expenditure on their behalf.
Vocational and Adult Education
The conference agreement includes a provision to place
the Youth Offender Grants program on a forward-funded basis.
This provision was not included in either the House or the
Senate bills.
The conference agreement includes a technical correction
to the Departments of Labor, Health and Human Services and
Education and Related Agencies Appropriations Act, 2000 which
changes the forward funded portion of the appropriation from
$858,150,000 to $882,650,000.
Higher Education
The conference agreement includes a provision to extend
the availability of State Grants for Incarcerated Youth
appropriated in fiscal years 1998 and 1999 for an additional
year as proposed by the Senate. The House bill contains no
similar provision.
The conference agreement includes an additional $750,000
for the Fund for the Improvement of Postsecondary Education for
creation of a center for inquiry and design-based learning in
mathematics, science and technology education at the College of
New Jersey, in Ewing, New Jersey. The agreement designates the
entire amount as an emergency pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Education Research, Statistics, and Improvement
(including transfer of funds)
The conference agreement includes a provision to make
several technical corrections as proposed by both the House and
the Senate. The conference agreement also includes technical
corrections that were not included in either the House or the
Senate bills.
The conference agreement also transfers $368,000 provided
under Health Resources and Services Administration, health care
facilities construction and renovation to Education Research,
Statistics, and Improvement for the George Mason University
Center for Services to Families and Schools to expand a program
for schools and families of children suffering from
attentional, cognitive, and behavioral disorders.
RELATED AGENCIES
Social Security Administration
limitation on administrative expenses
The conference agreement includes $35,000,000, available
through September 30, 2001, for the Social Security
Administration for additional workload generated by the Senior
Citizens' Freedom to Work Act of 2000 (P.L. 106-182) as
proposed by the Senate. This level is the same amount as
requested by the President and $15,000,000 below the amount in
the Senate bill. The House bill contains no similar provision.
The conference agreement also designates the entire amount as
an emergency pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
General Provisions--This Chapter
Section 2402. The conference agreement includes a
provision as proposed by the House to remove from the
Department of Education and the Centers for Disease Control and
Prevention the ability to carry over salary and expense funds
for an additional quarter. The Senate bill contains no similar
provision.
Section 2403. The conference agreement includes technical
corrections in the conforming amendments on the set-asides in
the Welfare-to-Work Amendments of 1999 as proposed by both the
House and Senate.
Section 2404. The conference agreement includes technical
corrections to the Workforce Investment Act of 1998 and the
Carl D. Perkins Vocational and Technical Assistance Act of 1998
as proposed by the Senate. The House bill contains no similar
provision.
Section 2405. The conference agreement includes a
provision not proposed by either the House or Senate to make
funds for certain technical assistance activities related to
school reform available at an earlier date.
Section 2406. The conference agreement includes a
provision, as proposed by the Senate in the Military
Construction Appropriations Act, 2001, amending section
508(f)(1) of the Rehabilitation Act of 1973 to extend the date
that the Federal government must provide equal access to
disabled federal employees and disabled members of the public
seeking information or services. The House bill contains no
similar provision.
Section 2407. The conference agreement provides
$3,500,000 for the improvement and modernization of Saint
John's Lutheran Hospital, Libby, Montana. It also includes
$8,000,000 for an Economic Development Administration grant to
the city of Libby, Montana. The conference agreement also
designates the entire amount as an emergency pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
CHAPTER 5
LEGISLATIVE BRANCH
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
fire safety
The conference agreement appropriates $17,480,000 to the
Architect of the Capitol for fire safety projects as proposed
by the Senate instead of $15,166,000 as proposed by the House.
The funds are designated as emergency requirements as proposed
by the Senate.
General Provisions--This Chapter
Section 2501. The conferees have amended language
proposed by the Senate regarding the Trade Deficit Review
Commission. The 3-month extension in the due date of the final
report has been agreed to; the new subparagraph contained in
subsection (a) of the provision in the Senate bill has been
dropped without prejudice.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Coast Guard
acquisition, construction, and improvements
(including rescission of funds)
The conference agreement includes $45,000,000, to remain
available until expended, for acquisition of one C-37A command
and control aircraft for use by the U.S. Coast Guard, as
authorized under section 812(b) of the Western Hemisphere Drug
Elimination Act (P.L. 105-277). The existing command and
control aircraft is sixteen years old and experiencing
significant reliability and maintenance problems. In addition,
with an average flight cost of $1,500 per hour (40 percent
higher than current models), this aged aircraft unnecessarily
diverts needed funds from other Coast Guard operating missions.
The conference agreement fully offsets this appropriation
through sale of the current aircraft (estimated by the Coast
Guard at $7,000,000) and rescission of other funds totaling
$38,000,000. The conferees assume that sale of the VC-11A will
first be offered to the vendor of the replacement aircraft.
Rescinded funds include $26,600,000 in unobligated balances
appropriated to the Office of Management and Budget to resolve
Year 2000 computer problems, as proposed by the House, and
$11,400,000 from unobligated balances of Coast Guard
``Acquisition, construction, and improvements''.
The conference agreement includes a rescission of
$11,400,000 in available balances from previous appropriations
Acts under ``Acquisition, construction, and improvements''. As
of May 31, 2000, the Coast Guard had an unobligated balance of
$327,404,000 in this appropriation, including regular funds,
leftover disaster relief funds, and no-year emergency
supplemental appropriations. The conferees believe a fraction
of these unused funds can be used to offset higher priority
requirements in the conference agreement without adversely
impacting the service's missions. The conferees direct that
none of these funds be taken from the Great Lakes icebreaker
replacement project, and that the Coast Guard submit
information on proposed rescissions to the House and Senate
Committees on Appropriations prior to implementation.
Federal Aviation Administration
operations
(airport and airway trust fund)
The conference agreement includes a contingent emergency
appropriation of $75,000,000 for additional operating and
maintenance costs of the Federal Aviation Administration,
available until September 30, 2001, instead of $77,000,000 as
proposed by the Senate. The first priority for these additional
funds should be the hiring of aviation safety inspectors and
medical certification personnel.
RELATED AGENCY
National Transportation Safety Board
salaries and expenses
The conference agreement provides $19,739,000 for the
National Transportation Safety Board for emergency expenses
associated with the investigation of Egypt Air Flight 990 and
Alaska Air Flight 261 accidents. These funds will compensate
wreckage location and recovery facilities, technical support,
testing, and wreckage mock-up. Both the House and the Senate
bills provided $24,739,000 for investigative costs. Since
enactment of each bill, the Arab Republic of Egypt has agreed
to reimburse the National Transportation Safety Board
$5,000,000 for Egypt Air Flight 990 wreckage location and
recovery, decreasing the supplemental needs of the NTSB. The
conference agreement requires the Secretary of the Treasury to
reduce this appropriation by an amount equal to any subsequent
reimbursement by the Arab Republic of Egypt for wreckage
location and recovery, family assistance, and interagency
agreements for up to $3,983,000. The Egyptian government
currently is reviewing the additional expenses.
Within the funds provided, up to $10,000 shall be made
available for the location and recovery of wreckage of N41078,
as proposed in the Senate report.
General Provisions--This Chapter
Section 2601. The conferees have included a provision
that makes available a total of $35,200,000 for seven bridge
projects from funds previously made available to the department
under section 104(a) of title 23, U.S.C. These projects were
earlier identified in the conference agreement accompanying
H.R. 2084, the fiscal year 2000 Department of Transportation
and Related Agencies Appropriations bill, which directed the
Federal Highway Administration (FHWA) to distribute
discretionary bridge program funds for certain specified
projects and activities. The office of the secretary and the
FHWA, without consulting or notifying the House and Senate
Committees on Appropriations, released all discretionary bridge
funding for fiscal year 2000 and did not consider fully the
projects specified in the accompanying report. These actions
were unconscionable and remain unacceptable. The conferees
assert that the department, particularly the office of the
secretary, must comply with both the letter and the spirit of
the law, which requires the department to notify the House and
Senate Committees on Appropriations not less than three full
business days before any discretionary grant award, letter of
intent, or full funding grant agreement totaling $1,000,000 or
more is announced by the department or its modal
administrations from: (1) any discretionary program of the
Federal Highway Administration other than the emergency relief
program; (2) the airport improvement program of the Federal
Aviation Administration; or (3) any program of the Federal
Transit Administration other than the formula grants and fixed
guideway modernization programs.
Section 2602. The conference agreement rescinds
$26,600,000 in unobligated balances of funds appropriated to
the Office of Management and Budget pursuant to Pubic Law 105-
277 and subsequently transferred to the Department of
Transportation for Year 2000 conversion of Federal information
technology systems and related expenses, as proposed by the
House. These funds are no longer needed for their original
purpose and are available to offset higher priority Coast Guard
capital needs.
Section 2603. The conference agreement includes an
emergency appropriation of $2,000,000 to the Office of the
Assistant Secretary for Policy, U.S. Department of
Transportation, to be transferred to the Environmental
Protection Agency to carry out a telecommuting pilot program.
Section 2604. The conference agreement includes a
provision that amends the allowable federal share requirement
for projects for the elimination of hazards of railway-highway
crossings funded under the surface transportation program.
Section 2605. The conference agreement includes
$2,000,000 for planning, preliminary engineering and design of
the Metro-North Danbury to Norwalk commuter rail line re-
electrification project in Connecticut.
Section 2606. The conference agreement includes
$3,000,000 for the Second Avenue Subway in New York City, New
York
Section 2607. The conference agreement includes $500,000
for a study of improvements to Highway 8, from the Minnesota
border to Highway 51, in the State of Wisconsin.
Section 2608. The conference agreement includes
$1,000,000 for reconstruction of, and improvements to, Halls
Mill Road in Monmouth County, New Jersey.
General Provision--This Title
Section 2101 allows members of the Pueblo of San
Ildefonso and the Pueblo of Santa Clara to collect plants and
minerals in the Bandelier National Monument. The extensive
areas burned by the Cerro Grande fire have severely reduced the
availability of local plants, clays and soils traditionally
used by these Pueblos. To allow their traditional ceremonies to
continue uninterrupted, it is necessary to allow enrolled
members of both Pueblos access to plant and mineral resources
that are available in the Bandelier National Monument at
quantities greater than allowed by current regulations of the
National Park Service. These activities would be consistent
with applicable laws governing the Monument.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
The conferees agree to include $24,900,000 as a
contingent emergency appropriation for the establishment of an
in-service firearms training facility.
Firearms Training Facility
The conferees direct that the Secretary of the Treasury
undertake the establishment of an in-service firearms training
facility in West Virginia for use by U.S. Customs Service and
other law enforcement agencies. The conferees note with grave
concern the serious threats that have arisen at U.S. borders
with respect to attempted terrorist infiltrations and the
increasing complexity of the interdiction of illegal drugs into
this country. The Treasury Department has approximately 20,000
armed officers engaged in a wide variety of dangerous law
enforcement activities. Because of the need to provide in-
service firearms training for armed Treasury personnel, the
conferees have included $24,900,000 to accelerate the design
and construction of a firearms complex on land currently owned
by the Fish and Wildlife Service. The Secretary of the Treasury
is authorized to designate a lead agency to oversee the
development, implementation and operation of the facility and
the conduct of training. The complex would also be available
for use by the Fish and Wildlife Service, the National Park
Service, certain other law enforcement personnel and selected
State and local enforcement personnel. The conferees have also
included language to designate the National Park Service to
manage the entire tract of land and to make available a
suitable portion of the land for use for the training facility,
and language to assure that the training to be conducted at the
new training firearms facility will be configured in such a way
as to not duplicate or displace any federal law enforcement
programs of the Federal Law Enforcement Training Center
(FLETC). Likewise, no training currently being conducted at a
FLETC facility will be moved to the West Virginia site. The
entire amount is contingent upon receipt of a budget request
that includes a Presidential designation of the amount
requested as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
United States Secret Service
Salaries and Expenses
The conferees agree to include $10,000,000 as a
contingent emergency appropriation for the United States Secret
Service's costs related to planning, coordination and
implementation of security for national special security and
major protective events.
National Security Special Events
The conferees are extremely concerned that the
Administration has failed to request funding for the Secret
Service to provide protective services for PDD 62, National
Security Special Events (NSSE), causing significant budget
shortfalls for the Secret Service. For example, the conferees
are aware that the 2002 Winter Olympics in Salt Lake City has
long been officially designated as a NSSE but the
Administration provided no funding for the Secret Service to
carry out its mission as the lead agency responsible for
planning and implementing overall security. The conferees note
however, that the Administration did fund the FBI and FEMA for
their role in the Winter Olympics. In order to address fiscal
year 2000 shortfalls, the conferees provide $10,000,000 for
costs associated with planning, coordination and implementation
of security at the following major protective events: The World
Trade Organization Meeting, the International Monetary Fund
meeting, Operation Sail 2000, the Republican and Democratic
National Conventions, the UN General Assembly 55-Millennium
Assembly, and fiscal year 2000 costs related to the 2002 Winter
Olympics. The conferees direct the Department of the Treasury
to submit to the Committees on Appropriations, a budgeting plan
for the Secret Service in regard to anticipated and
unanticipated National Special Security Events for fiscal year
2001 no later than September 1, 2000.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Office of Administration
information technology
The conferees agree to establish a new account within the
Office of Administration and include $8,400,000 as a contingent
emergency appropriation for the costs associated with the
restoration and reconstruction of certain electronic mail
messages and for inclusion of such messages in the Automated
Records Management System. These funds were proposed by the
President to be funded within the Office of Administration's
Salaries and Expenses appropriation. Neither the House nor the
Senate bills included these funds as the President's request
was received after House and Senate consideration of the
supplemental appropriations bills.
tape restoration project
The conferees have established a new account for the
necessary expenses of ongoing activities associated with the
restoration and reconstruction of certain electronic mail
messages and for inclusion in the Automated Records Management
System, providing $8,400,000, to remain available until
September 30, 2002. The conferees prohibit the obligation of
these funds until the Office of Administration submits an
independent verification and validation of the estimated costs
of this project.
The conferees are concerned by the escalation in
estimated costs of this project, which have ranged from
$3,000,000 to levels well in excess of that amount. To date,
$4,800,000 has been provided to support ongoing work; combined
with this supplemental appropriation, the total federal
appropriation is $13,200,000. The conferees are concerned that,
to date, estimates of total project costs have not been
finalized and that an independent verification and validation
of both the costs of specific phases of the reconstruction
effort and the total project are not available. The conferees
have included bill language prohibiting the obligation of funds
until the Office of Administration submits to the Committees on
Appropriations an independent verification and validation of
the costs of the restoration project, including the final
report prepared by the independent verification and validation
contractor for both initial and projected cost estimates.
It is not the intent of the conferees to delay or impede
the ongoing restoration work; nonetheless, the conferees
believe it is critical that all costs related to this project
undergo an independent verification and validation process and
that the findings of this process be reported to the Committees
on Appropriations as expeditiously as possible. The conferees
note the current monthly reporting requirements imposed by the
House Committee on Appropriations in regards to the obligation
of funds as well as other project activities. Should it be
necessary, and in order to satisfy the requirements of the bill
language without impeding ongoing work, the conferees are
willing to consider releasing a portion of the funds upon
receipt of interim verification and validation documents until
the final report is prepared. These interim reports would be in
addition to the monthly reports required by the House Committee
on Appropriations. Should these interim reports become
necessary, the Office of Administration is directed to
establish, in consultation with the Committees on
Appropriations, a schedule of milestones for the completion of
the final report and the total release of funds.
automated records management system
The conferees are concerned that contractor error may be
a causal factor in the White House e-mails not being properly
archived into the Automated Records Management System (ARMS),
resulting in the present supplemental appropriation for
reconstruction and restoration costs. The conferees fully
expect the Executive Office of the President (EOP) to
diligently pursue reimbursement from contractors if it is
determined that their errors and/or negligence led to the
present additional funding requirement. The conferees believe
that the EOP should review contractor performance beginning
with the ARMS project of 1994 and including all contractors
responsible for operating and maintaining the information
technology systems for the EOP. The conferees direct the Office
of Administration to report back within 6 months of the date of
enactment of this Act to the Committees on Appropriations on
the performance of the contractors responsible for operating
and maintaining the information technology systems. The
performance report should include an evaluation of whether or
not the contractor has legally defaulted and on any actions to
be taken by the EOP to recoup the costs associated with the
reconstruction and restoration effort currently underway.
INDEPENDENT AGENCIES
General Services Administration
policy and operations
The conferees agree to include $3,300,000 as a contingent
emergency appropriation for the Salt Lake 2002 Winter Olympic
and Paralympic Game doping control program.
General Provisions--This Chapter
Section 2701. The conferees agree to include a provision
waiving anti-pooling provisions for the fiscal year 2000
administrative costs of the Counterdrug Intelligence Executive
Secretariat.
Section 2702. The conferees agree to include a provision
to rescind and reappropriate certain unobligated balances with
the Internal Revenue Service's Information Technology
Investments account.
Section 2703. The conferees agree to include a provision
authorizing the Secretary of the Treasury to address clerical
errors in fiscal year 1999 which resulted in the Hospital
Insurance (HI) Trust Fund being over-invested while the
Supplementary Medical Insurance (SMI) Trust Fund was under-
invested. The conferees understand that the principal amount of
the bookkeeping errors has been corrected, but that the over-
investment resulted in the HI Trust Fund being credited with
excess interest earnings, while the under-investment resulted
in the SMI Trust Fund being deprived of interest earnings. The
conferees further understand that these bookkeeping errors have
not affected Medicare payments in any way, nor did the errors
result in any moneys being erroneously paid out by the
Government. Nevertheless, the conferees believe that the errors
should be corrected in full to ensure the correct allocation of
funds among the HI Trust Funds, the SMI Trust Fund, and the
Treasury General Fund.
Section 2704. The conferees agree to include a technical
modification to Public Law 106-113 to make a direct payment to
the United States Olympic Committee through the United States
Anti-Doping Agency from funds appropriated for fiscal year
2000.
Section 2705. The conferees agree to include a provision
to rescind and reappropriate certain unobligated balances
within the Salaries and Expenses account of the U.S. Secret
Service.
Section 2706. The conferees agree to include a technical
modification to Public Law 106-58 clarifying language in Senate
Report 106-87 on the Treasury and General Government
Appropriations Act, 2000, to authorize the General Services
Administration to provide funds appropriated in fiscal year
2000 for the Nebraska State Patrol Digital Distance Learning
project.
CHAPTER 8
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development block grants
Inserts language as proposed by the House making a
technical correction on a specific economic development
initiative grant provided under title II of Public Law 106-74.
Inserts language proposed by the Senate and modified by
the conferees making a technical correction on a specific
neighborhood initiative grant provided under title II of Public
Law 106-74.
Inserts new language providing $27,500,000 for five
targeted economic development initiatives.
home investment partnerships program
Inserts language proposed by the House which provides
$11,000,000 to the New Jersey Department of Community Affairs
and $25,000,000 to the North Carolina Housing Finance Agency.
This funding is for temporary rental assistance to very low-
income families displaced by the floods spawned by Hurricane
Floyd. The conferees direct HUD to provide these funds to the
aforementioned State agencies within two weeks of enactment of
this Act.
homeless assistance grants
Inserts language proposed by the Senate and modified by
the House authorizing HUD to spend funds from this account to
renew for one year those expiring Shelter PlusCare and
Supportive Housing grants covered by the 1999 Notice of Funding
Availability (NOFA).
The conferees note their increasing concern about how
priorities for this program are set. It is the understanding of
the conferees that the McKinney program leaves the decision to
renew expiring grants with local authorities. Thus, there is a
fundamental mismatch between a results-oriented program that
creates a supply of permanent housing that ends homelessness
among chronically ill persons, and HUD's commitment to
operating the program through local decision-making. In
addition, the conferees are concerned about the long-term
implications of automatically renewing all permanent housing
commitments. By including this compromise, the conferees are
merely resolving the immediate issue and deferring a more
comprehensive decision to a more appropriate vehicle or to a
later date. Any comprehensive approach should include data and
management systems that can measure progress toward the goal of
ending chronic homelessness.
Inserts language proposed by the House authorizing HUD to
make technical assistance funds available for management and
information systems.
Management and Administration
salaries and expenses
Inserts new language limiting HUD from spending funds to
employ more than 9,100 full time equivalent (FTE) employees
during fiscal year 2000. Additionally, HUD is directed to
develop an employee resource management plan that: (1) bases
estimates and allocations on the level of work and where it is
to be performed; (2) includes all departmental responsibilities
in the work definition and resource estimation system; (3)
identifies what work can be done with current human resource
levels, and what tasks must be done less often, not done, or
contracted out if they are to be accomplished; and (4) includes
a resource validation component that accurately measures what
staff do. The Department is directed to brief the Committees on
Appropriations every six months on the progress made in
developing this plan until it is implemented.
HUD's lack of an adequate staff plan begs the question of
why HUD is apparently racing to hire more than 764 employees by
the end of July, 2000. Though the limitation agreed to by the
conferees does not preclude HUD from continuing down this
course, it should be considered a warning that HUD cannot
assume that funds to cover more than 9,100 FTEs in fiscal year
2001 will be forthcoming.
This assumption, in addition to being reckless, is
further jeopardized because HUD's 2001 budget estimates about
salary requirements are simply incorrect. The newest
information from HUD shows that rather than needing $78,800 per
FTE for salaries, HUD actually needs $82,000. This increase is
due to HUD's insistence to hire community builder fellows at
grade and salary levels that far out-strip career civil
servants. In order to stave off employee complaints about the
community builder program and to boost the morale of the civil
servants, HUD recently promoted 200 career civil servants and
provided more than 3,000 quality step increases to career civil
servants. These increases, though likely well-deserved, were
not built into the fiscal year 2001 budget estimate. The
conferees believe that this decision, coupled with HUD's
insistence on hiring 764 new staff, constitutes serious
mismanagement and could create a crisis that may not be averted
unless prompt responsible action is taken.
Thus, the conferees direct HUD to reconsider hiring to
this staff level until the Committees, along with the Office of
Management and Budget (OMB), can undertake a review of HUD's
staffing needs and relate them to a realistic budget proposal.
Office of Inspector General
(including rescission of funds)
Inserts technical language proposed by the Senate and
modified by the House rescinding and re-appropriating
$6,000,000 for the ``Office of Inspector General'' for the
Housing Fraud Initiative.
INDEPENDENT AGENCIES
Corporation for National and Community Service
national and community service programs
operating expenses
(rescission of funds)
Inserts new language rescinding $1,000,000 from the
National Service Trust instead of transferring such amount as
proposed by the House. The conferees have included this
rescission as part of the appropriation of additional funds for
the Office of Inspector General.
Office of Inspector General
Inserts $1,000,000 for the Office of Inspector General,
as proposed by the House. The amount provided shall be for the
purpose of expanding the number of audits of State Commissions
on National and Community Service. The conferees, recognizing
thelateness of the additional funds, have agreed to make these
funds available until September 30, 2001.
Environmental Protection Agency
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
Inserts language as proposed by the House clarifying
Congressional intent with respect to a specific grant made
available in Public Law 106-74 and in prior Acts; and which
transfers funds provided for a specific grant in Public Law
105-276 to the ``State and tribal assistance grant'' account
for specific water and wastewater infrastructure projects.
New language has also been included which prohibits the
Environmental Protection Agency from spending any funds
available for expenditure in fiscal years 2000 and 2001 to make
a final determination on or implement any new rule relative to
the Proposed Revisions to the National Pollutant Discharge
Elimination System Program and Federal Antidegradation Policy
and the Proposed Revisions to the Water Quality Planning and
Management Regulations Concerning Total Maximum Daily Load,
published in the Federal Register on August 23, 1999.
state and tribal assistance grants
Inserts language as proposed by the House making a
technical correction to a specific grant identified in project
number 102 provided in Public Law 106-74; and inserts new
language making further technical corrections with respect to
specific grants identified in project numbers 135 and 50
provided in Public Law 106-74.
Federal Emergency Management Agency
disaster relief
The conferees have agreed to provide $50,000,000, in
addition to other amounts made available, to be derived from
unobligated balances made available under ``Disaster Relief''
in Public Law 106-74, as proposed by the Senate. The House has
proposed an additional $77,400,000 for buyout of properties
made uninhabitable by Hurricane Floyd and surrounding events,
under regulations promulgated in response to passage of Public
Law 106-113. Both the House and Senate bills had designated the
funding as emergency funding.
The conferees have agreed to include up to $50,000,000
within available disaster relief funds for buyouts and
elevations of properties in the 100-year floodplain in areas
which have had Presidential disaster declarations in fiscal
years 1999 or 2000. FEMA is to give priority consideration to
grant proposals for buyouts or elevations of repetitive loss
properties. The fact the conferees have provided additional
funds for buyouts reflects a recognition of significant demand
for these funds in numerous states throughout the country and
the need for actions to reduce potential losses for future
flood events. The action of the conferees is not a positive
reflection, however, on how FEMA has executed this program to
date. The conferees are deeply troubled with FEMA's
implementation of the buyout program as the agency has failed
to meet statutory requirements to issue interim regulations by
December 31, 1999, failed to provide States with clearly
defined guidance to apply eligibility criteria, failed to
develop a standard method for assessing fair market value and
estimated costs per structure, and made an interim allocation
based on inaccurate State submissions resulting in inequitable
distribution of funds to the States. The conferees expect FEMA
will address these major shortcomings, and those expected to be
identified by the Inspector General shortly, and issue a final
rule in a timely manner. Without stronger oversight and
accountability for these funds than has been exhibited to date,
additional funds will not be provided.
The conferees are aware of a disaster declaration request
submitted June 26, 2000 by the Governor of North Dakota for
areas in the eastern portion of the state affected by severe,
unexpected rainfall, and understand there likely will be a
formal Presidential declaration made shortly. The conferees
recognize and applaud the professional and dedicated response
to this disaster, as well as the initial damage assessments
already performed by State and local disaster officials and
representatives of the Federal Emergency Management Agency
(FEMA). The conferees urge FEMA and other Federal agencies
involved in responding to these floods to act expeditiously in
processing claims submitted by State and local officials and
affected residents upon the formal emergency declaration.
National Aeronautics and Space Administration
science, aeronautics and technology
The conferees have provided an additional $1,000,000 for
the Independent Verification and Validation Facility to perform
software IV&V work for future Mars missions, and an additional
$500,000 for the expansion of the Self Adaptive Vehicular
Equipment (SAVE) project's ``Online Learning Flight Control for
Intelligent Flight Controls Systems'' initiative at the Dryden
Flight Research Center.
General Provisions--This Chapter
Section 2801. Inserts language as proposed by the House
and the Senate clarifying the intent of title V, subtitle C,
section 538 of Public Law 106-74.
Section 2802. Inserts language as proposed by the Senate
clarifying the intent of a specific grant provided in Public
Law 106-113.
Sections 2803 and 2804. Inserts language as proposed by
the Senate making several technical corrections in title II of
Public Law 106-74.
CHAPTER 9
General Provision--This Title
District of Columbia
Section 2901 appropriates $4,485,000 in Federal funds as
proposed by the Senate to reimburse the District of Columbia
for certain costs incurred in connection with the International
Monetary Fund and World Bank Organization Spring Conference
held in the District in April 2000. The conference agreement
includes language proposed by the Senate that designates this
appropriation as an emergency requirement available only to the
extent that an official budget request is received by the
Congress.
TITLE III--COUNTER NARCOTICS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
Chapter 1 of the conference agreement provides a total of
$184,059,000 in emergency supplemental appropriations for the
Department of Defense, instead of $185,800,000 as proposed by
the House and $115,700,000 as proposed by the Senate, to
support Plan Colombia goals and for the procurement of one
Airborne Reconnaissance Low aircraft.
The following table provides details of the emergency
supplemental appropriations in this chapter.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY2000 FY 2001
Program request request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Counter-narcotics battalion support............ 18,200 3,000 21,200 18,200 21,200
Counter-narcotics brigade headquarters......... 1,000 0 1,000 1,000 1,000
Army aviation infrastructure support........... 8,200 5,000 13,200 8,200 13,200
Military reform................................ 3,000 3,000 6,000 3,000 6,000
Organic intelligence capability................ 0 5,000 5,000 0 5,000
Senior Scout................................... 0 5,000 5,000 0 5,000
Tracker aircraft modifications................. 7,000 3,000 10,000 7,000 10,000
AC-47 aircraft modifications................... 1,000 6,400 7,400 1,000 7,400
Ground based radar............................. 13,000 7,000 20,000 0 13,000
Radar command and control...................... 5,000 0 5,000 5,000 5,000
Andean ridge intelligence collection........... 3,000 4,000 7,000 3,000 7,000
Colombian ground interdiction.................. 5,000 0 5,000 5,000 5,000
Classified..................................... 34,000 21,000 80,000 34,300 55,259
Airborne Reconnaissance Low aircraft........... 0 0 0 30,000 30,000
----------------------------------------------------------------------------------------------------------------
aircraft procurement, army
The conferees agree to provide $30,000,000 for the
procurement of one Airborne Reconnaissance Low (ARL) aircraft,
as proposed by the Senate. This aircraft will replace the ARL
aircraft lost in the tragic crash during a counter-narcotics
mission in Colombia last year. The conferees are concerned that
more ARL aircraft have not been available on a regular basis to
U.S. Southern Command, and strongly urge the Department of
Defense and the Army to provide more ARL mission aircraft for
missions in the U.S. Southern Command area of responsibility.
drug interdiction and counter-drug activities, defense
The conferees agree to provide $154,059,000 in support of
Plan Colombia. The conferees direct the Secretary of Defense to
provide to the Committees on Appropriations, not later than 30
days following enactment of this Act, a report on the proposed
uses of all funds under this heading. This report shall
describe steps taken to ensure the maximum force protection of
U.S. personnel while deployed in Colombia, including their
rules of engagement. The conferees have provided funding for
specific activities, as described in the budget request, and
direct the Under Secretary of Defense (Comptroller) to notify
the Committees on Appropriations 15 session days prior to any
obligation or transfer of funds which is not consistent with
the specific purposes contained in the request and delineated
in this statement of managers.
Additionally, the Assistant Secretary of Defense for
Special Operations and Low-Intensity Conflict is directed to
provide a monthly report to the congressional defense
committees, which shall include the following information for
the preceding month: Identification of private sector firms
providing support to Plan Colombia in any capacity, the number
of American citizens located overseas in execution of
supporting contracts, and the number of military personnel and
U.S. government employees operating in Colombia and the
surrounding region in support of Plan Colombia.
classified programs
The conference agreement regarding classified programs is
summarized in a classified annex accompanying this statement of
managers.
General Provisions--This Chapter
The conferees agree to retain and amend section 3101, as
proposed by the House and amended by the Senate, which places
limits on the funds made available in this Act to the
Department of Defense for the provision of support for counter-
drug activities of the Government of Colombia.
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Department of State
assistance for counternarcotics activities
The conference agreement recommends $1,018,500,000 in
emergency supplemental appropriations to reduce the supply of
narcotics to the United States from Colombia and Southern and
Central America and the Caribbean. The House bill recommended
$1,099,000,000 and the Senate amendment recommended
$934,100,000.
The President requested that $818,000,000 be designated
as an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended. In addition,
the President requested $256,000,000 in fiscal year 2001 to
support Plan Colombia. These funds shall only be available to
the extent that an official budget request that designates the
entire amount as an emergency requirement is transmitted to the
Congress. The conference agreement provides that these funds be
available until expended, as requested by the Administration.
The conference agreement provides a waiver of section
482(b) of the Foreign Assistance Act of 1961, regarding the
procurement of weapons and ammunition, for funds under this
heading. Also the conference agreement requires that funds
under this title shall be subject to all limitations and
restrictions contained in section 599D of section 1000(a)(2) of
Public Law 106-113, regarding funds for population planning.
The conference agreement directs the Secretary of State,
in consultation with the Secretary of Defense and the
Administrator of the Agency for International Development, to
provide to the Speaker of the House of Representatives and to
the Committees on Appropriations not later than 30 days after
enactment of this Act, a report on the proposed uses of all
funds under this heading on a country-by-country basis for each
proposed program, project or activity. The conferees direct the
Administration's report to reflect the priorities as provided
in the following funding columns. The conferees note that the
report by the Secretary of State must be received prior to the
initial obligation of any of these emergency supplemental
funds. The conferees expect this report to serve as the basis
for any future reprogramming of funds by the Executive Branch.
Further, at least 20 days prior to the obligation of funds
under this title, the Secretary of State shall inform the
Committees on Appropriations.
assistance for plan colombia
The assistance for Plan Colombia is designed to support
the five objectives of the Colombian government's effort to
gain control of the drug producing regions in southern
Colombia; to increase drug interdiction efforts; to provide
additional assistance to the Colombian National Police; to
increase alternative economic development programs, and to
strengthen human rights and justice and anti-crime programs.
support for the push into southern colombia
The conference agreement recommends $390,500,000 to
support the Government of Colombia's objective to gain control
of the drug producing regions of southern Colombia. These funds
will support certain aspects of training and equipping the
second and third Colombian Army counternarcotics battalions.
Central to this entire effort is providing reliable airlift for
these counternarcotics battalions. The conference agreement
directs that funds will be utilized to: procure and support 16
UH-60 Black Hawk helicopters; procure, refurbish, and support
30 UH-1H Huey II helicopters; and support 15 UH-1N helicopters
for use by the Colombian Army. The conference agreement directs
that UH-60 Black Hawk procurement be managed by the U.S.
Defense Security Cooperation Agency. The conference agreement
includes language, as contained in the House bill, requiring
that if any helicopter procured with funds under this heading
is used to aid or abet the operations of an illegal self-
defense group or security cooperative, then such helicopter
shall be immediately returned to the United States. The
conferees recognize that significant resources under this title
are dedicated to procurement and sustainment of various
aircraft for use by the Colombia government and, therefore,
support funds for defensive systems to provide protection for
these aircraft. As requested by the Administration, the
conference agreement recommends $9,000,000 to procure Schweizer
SA 2-37A organize intelligence aircraft with forward looking
infrared (FLIR) to support the counternarcotics battalions'
counter-drug surveillance. The conference agreement directs
funds for the following programs:
SUPPORT FOR THE PUSH INTO SOUTHERN COLOMBIA
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Train and equip Colombian Army $7,000,000 $7,000,000 $7,000,000
counternarcotics battalions..
Army Counternarcotics 64,000,000 64,000,000 60,000,000
battalion UH-1N program......
Army Counternarcotics 362,000,000 ............ 208,000,000
battalion UH-60 Black Hawk
program......................
Army Counternarcotics ............ 118,500,000 60,000,000
battalion UH-1H Huey II
program......................
Sustain Army counternarcotics 6,000,000 6,000,000 6,000,000
battalion....................
Forward infrastructure 3,000,000 5,000,000 3,000,000
development..................
Force protection enhancements. 4,000,000 7,000,000 4,000,000
Logistical Support............ 4,400,000 8,000,000 4,400,000
Army Counternarcotics 9,000,000 9,000,000 9,000,000
battalion organic
intelligence.................
Training for senior commanders 1,100,000 1,100,000 1,100,000
Army Counternarcotics 3,000,000 ............ 3,000,000
battalion communications.....
Other infrastructure and 6,500,000 ............ ............
sustainment..................
Alternative development in 16,000,000 10,000,000 10,000,000
southern Colombia............
Temporary emergency 15,000,000 15,000,000 15,000,000
resettlement and employment..
-----------------------------------------
Total................... 501,000,000 250,600,000 390,500,000
------------------------------------------------------------------------
support for interdiction efforts
The conference agreement recommends $129,400,000 to
enhance United States and Colombian narcotics interdiction
efforts. The majority of these funds are dedicated to upgrading
the radar systems in four U.S. Customs Service P-3 airborne
early warning interdiction aircraft. The U.S. Customs Service
aircraft are dedicated to missions to detect and monitor
suspect targets destined for the United States from cocaine
source zones, primarily Colombia. Additionally, the Committee
directs funds U.S. and Colombian air, land, and sea
interdiction programs as follows:
SUPPORT FOR INTERDICTION EFFORTS
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Upgrade Colombian Air Force OV- $15,000,000 $15,000,000 $15,000,000
10 aircraft..................
Upgrade aircraft for night 1,900,000 1,500,000 1,900,000
operations...................
Airfield upgrades............. 8,000,000 8,000,000 8,000,000
Upgrade U.S. Customs Service P- 68,000,000 68,000,000 68,000,000
3 aircraft radar systems.....
Support for Colombian air 19,500,000 19,500,000 19,500,000
interdiction program.........
Support for Colombian riverine 12,000,000 12,000,000 12,000,000
interdiction program.........
Ammunition for Colombian 2,000,000 2,000,000 2,000,000
riverine interdiction program
Colombian Navy operations 1,000,000 1,000,000 1,000,000
infrastructure support.......
U.S. ONDCP Counternarcotics 1,000,000 500,000 ............
intelligence architecture....
U.S. Treasury/OFAC sanctions 2,100,000 2,000,000 2,000,000
support......................
Civil beacons................. ............ 2,000,000 ............
Go Fast Boat.................. ............ 1,000,000 ............
-----------------------------------------
Total................... 130,500,000 132,500,000 129,400,000
------------------------------------------------------------------------
support for the colombian national police
The conference agreement recommends $115,600,000 to
support the Colombian National Police (CNP). The conferees note
that the CNP has for years been at the forefront of the
Colombian government's counter-narcotics efforts and has
received significant United States support in recent years. The
conference agreement recommends three significant programs to
enhance the CNP's eradication efforts. These include:
$26,000,000 for procurement, training and support for two UH-60
Black Hawk helicopters; $20,600,000 for twelve UH-1H Huey II
helicopters; and $20,000,000 for the purchase of Ayers S2R T-65
agricultural spray aircraft and OV-10 aircraft. The conference
agreement recommends additional funds be provided for
communications, ammunition, spare parts, training and
logistical support. The conference agreement directs funds for
the following programs:
SUPPORT FOR THE COLOMBIAN NATIONAL POLICE
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Secure communications......... $3,000,000 $3,000,000 $3,000,000
Weapons and ammunition........ 3,000,000 3,000,000 3,000,000
UH-60 Black Hawk procurement 26,000,000 ............ 26,000,000
and support..................
Enhanced Logistical Support... 2,000,000 2,000,000 2,000,000
CNP forward operating 5,000,000 5,000,000 5,000,000
capability and force
protection...................
CNP border bases construction. 5,000,000 5,000,000 5,000,000
Additional CNP airmobile units 2,000,000 2,000,000 2,000,000
Upgrade CNP aviation 8,000,000 8,000,000 8,000,000
facilities...................
Additional spray aircraft..... 20,000,000 20,000,000 20,000,000
Upgrade existing CNP airplanes 5,000,000 5,000,000 5,000,000
(including FLIR).............
Upgrade 12 UH-1H helicopters 20,600,000 24,000,000 20,600,000
to Huey II configuration.....
Sustainment and operations.... 5,000,000 5,000,000 5,000,000
Training for pilots and 1,900,000 2,500,000 2,000,000
mechanics....................
Airfield security............. 2,000,000 2,000,000 2,000,000
Enhanced eradication.......... 4,000,000 4,000,000 4,000,000
Spare parts................... 3,000,000 3,000,000 3,000,000
-----------------------------------------
Total................... 115,500,000 93,500,000 115,600,000
------------------------------------------------------------------------
support for alternative and economic development in colombia
The conference agreement recommends $81,000,000 to
support alternative and economic development programs in
Colombia. These funds are in addition to funds provided for
alternative development associated with the Colombian
government's objective to ``Push into Southern Colombia''. The
conferees recommend funding levels for these programs at levels
below the House and Senate bills since these supplemental funds
are not expected to reach Colombia until the last quarter of
fiscal year 2000. The conferees believe that additional funding
for these programs can be made available during the regular
fiscal year 2001 appropriations process. The conference
agreement recommends $4,000,000 for operating expenses for the
Agency for International Development to effectively manage this
program. The conferees direct funds for the following programs:
SUPPORT FOR ALTERNATIVE AND ECONOMIC DEVELOPMENT IN COLOMBIA
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Environmental programs........ $5,000,000 $2,500,000 $2,500,000
Voluntary eradication programs 46,000,000 46,000,000 30,000,000
Assistance to local 15,000,000 12,000,000 12,000,000
governments..................
Assistance for internally 24,500,000 24,500,000 22,500,000
displaced persons............
AID Operating Expenses in 6,000,000 4,500,000 4,000,000
Colombia.....................
Community-level alternative 20,000,000 20,000,000 10,000,000
development..................
-----------------------------------------
Total................... 116,500,000 109,500,000 81,000,000
------------------------------------------------------------------------
Support for Human Rights and Judicial Reform in Colombia
The conference agreement recommends $122,000,000 for a
broad range of human rights, judicial reform, and other
programs designed to support the peace process and to
strengthen democracy and rule of law in Colombia. The conferees
strongly support funding for these programs and recognize that
protecting human rights and rule of law are central to the
overall goals of Plan Colombia. The conferees note that the
recommended level for these important programs is $29,000,000
more than requested by the Administration. The conference
agreement includes $2,500,000 to support the rehabilitation of
child soldiers instead of $5,000,000 as proposed by the Senate.
The House bill did not address this matters. The conference
agreement directs funds for the following programs:
SUPPORT FOR HUMAN RIGHTS AND JUDICIAL REFORM IN COLOMBIA
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Protection of human rights $4,500,000 $4,000,000 $4,000,000
workers......................
Strengthen human rights 8,500,000 7,000,000 7,000,000
institutions.................
Establish CNP/Fiscalia human 4,000,000 25,000,000 25,000,000
rights units.................
Judicial system policy reform. 2,500,000 1,500,000 1,000,000
Criminial code reform......... 3,500,000 3,500,000 1,500,000
Prosecutor training........... 4,500,000 4,000,000 4,000,000
Judges training............... 4,000,000 4,000,000 3,500,000
Casa de Justicia judicial 6,500,000 3,000,000 1,000,000
program......................
Public defender program....... 2,500,000 2,000,000 2,000,000
Asset forfeiture-money 4,000,000 \1\ 15,000,0 15,000,000
laundering task force........ 00
Counternarcotics investigative 4,000,000 ............ ............
units........................
Anti-corruption program....... 6,000,000 (\1\) ............
Asset management program...... 1,000,000 (\1\) ............
Anti-kidnapping program....... 2,000,000 2,000,000 1,000,000
Financial crime program....... 3,000,000 (\1\) ............
Judicial Police training 4,000,000 4,000,000 3,000,000
program......................
Witness and judicial security. 5,000,000 5,000,000 5,000,000
Armed Forces human rights and 1,500,000 ............ 1,500,000
legal reform.................
Army JAG School............... 1,000,000 ............ 1,000,000
Training for Customs police... 6,000,000 6,000,000 2,000,000
Maritime enforcement and port 4,000,000 4,000,000 2,500,000
security.....................
Multilateral case initiative.. 4,500,000 4,500,000 3,000,000
Prison security program....... 8,000,000 8,000,000 4,500,000
Banking supervision assistance 1,000,000 1,000,000 1,000,000
Revenue enhancement assistance 1,000,000 1,000,000 500,000
Customs training assistance... 1,000,000 1,000,000 1,000,000
Conflict management and peace 1,000,000 5,000,000 3,000,000
process......................
U.N. Office of Human Rights... ............ 1,000,000 1,000,000
U.S. Government monitoring.... ............ 1,500,000 1,500,000
Organized financial crime..... ............ \1\ 15,000,0 14,000,000
00
Rehabilitationn of Child ............ 5,000,000 2,500,000
Soldiers.....................
Witness/Judicial Security ............ 10,000,000 10,000,000
Human Rights Cases...........
-----------------------------------------
Total................... 98,500,000 143,000,000 122,000,000
------------------------------------------------------------------------
\1\ Designates a combination of accounts.
Regional Assistance
The conferees recognize the unique narcotics crisis
affecting Colombia and the United States and has, therefore,
responded to the President's request that the overwhelming
majority of these emergency funds be provided in direct support
of Plan Colombia. However, this effort requires a greater
regional emphasis so that the problems associated with the
cultivation, processing and trafficking of illegal narcotics
are not simply relocated elsewhere in the region. Therefore,
the conference agreement recommends $180,000,000 for assistance
for other countries in the region. Of these funds, the
conferees recommend that up to $32,000,000 be made available to
procure American-made KMAX helicopters and to provide initial
training, logistics, and technical support for four years. The
conference agreement recommends not less than $18,000,000 for
interdiction programs in other countries in South and Central
America and the Caribbean. The conferees are aware of the
significant interdiction requirements in Panama, Costa Rica,
Brazil, The Bahamas, and Venezuela. The conferees direct that
the Secretary of State, when reporting to the Committees on
Appropriations as required by this Act, provide recommendations
and justifications for the use of these funds on a country-by-
country basis.
The conference agreement provides that not less than
$110,000,000 be made available for assistance for Bolivia,
including $85,000,000 which may be made available for
alternative development and other economic activities. The
conferees strongly support the efforts of the Bolivian
government, through its ``Dignity Plan'', to terminate coca
production in Bolivia.
The conference agreement recommends that not less than
$20,000,000 may be made available for assistance for Ecuador,
including $8,000,000 which may be made available for
alternative development and other economic activities.
The conference agreement includes bill language regarding
conditions on assistance for Colombia which is similar to
language contained in the House bill and the Senate bill. This
bill language requires the Secretary of State to certify that a
number of conditions have been met by the Government of
Colombia prior to the initial obligation of funds under this
heading.
The conference agreement includes language regarding
limitations on the use of appropriated funds in support of Plan
Colombia and the assignment of United States military personnel
in Colombia which is similar to language contained in the
Senate bill. The House bill contained a similar provision. The
conferees note that this provision places a limitation on the
assignment of any United States military personnel in Colombia
in connection with support of Plan Colombia and does not apply
to other United States military personnel in Colombia not
directly supporting of Plan Colombia.
The conference agreement does not include bill language
requiring certain reporting requirements regarding conditions
on assistance to Colombia as proposed by the Senate. However,
the conferees expect that beginning 60 days after the date of
enactment of this Act, and every 180 days thereafter for the
duration of the provision of resources administered under this
Act, the Secretary of State shall submit a report to the
Appropriations Committees and other congressional committees as
appropriate which contains:
A description of the extent to which the Colombian Armed
Forces have suspended from duty Colombian Armed Forces
personnel who are credibly alleged to have committed gross
violations of human rights, and the extent to which such
personnel have been brought to justice in Colombia's civilian
courts, including a description of the charges brought and the
disposition of such cases.
An assessment of efforts made by the Colombian Armed
Forces, National Police, and Attorney General to disband
paramilitary groups, including the names of Colombian Armed
Forces personnel brought to justice for aiding or abetting
paramilitary groups and the names of paramilitary leaders and
members who were indicted, arrested and prosecuted.
A description of the extent to which the Colombian Armed
Forces cooperate with civilian authorities in investigating and
prosecuting gross violations of human rights allegedly
committed by its personnel, including the number of such
personnel being investigated for gross violations of human
rights who are suspended from duty.
A description of the extent to which attacks against
human rights defenders, government prosecutors and
investigators, and officials of the civilian judicial system in
Colombia, are being investigated and the alleged perpetrators
brought to justice.
An estimate of the number of Colombian civilians
displaced as a result of the ``push into southern Colombia'',
and actions taken to address the social and economic needs of
these people.
A description of actions taken by the United States and
the Government of Colombia to promote and support a negotiated
settlement of the conflict in Colombia.
The conference agreement includes bill language,
identical to the House bill, regarding the denial of visas for
persons credibly alleged to have aided or abetted Colombian
insurgent and paramilitary groups. Further, the conference
agreement includes bill language, as proposed by the Senate,
requiring a report by the President on the current United
States policy and strategy regarding United States
counternarcotics assistance for Colombia and neighboring
countries.
The conferees direct that not later than 60 days after
the enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant United States
federal agencies, report to the Committees on Appropriations
regarding the effects on human health and the safety of
herbicides utilized under this title. The House bill did not
address this matter.
The conference agreement does not include bill language
regarding certain counternarcotics measures, as proposed by the
Senate. The conferees believe that the Government of Colombia
should commit itself immediately to the urgent development and
application of naturally occurring and ecologically sound
methods for eradicating illicit crops, which could reduce
significantly the loss of life in Colombia and the United
States.
Further, the conferees believe that the effectiveness of
United States counternarcotics assistance to Colombia depends
on law enforcement officials in Colombia having full access to
all areas of Colombian national territory. Also, the conferees
believe that the governments of the countries receiving
assistance under this title should take steps to bring to
justice narcotics traffickers and, if requested, extradite
these traffickers to the United States.
The conference agreement includes bill language, as
proposed by the Senate, requiring a detailed report by the
Secretary of State regarding the extradition of narcotics
traffickers to the United States. The House bill did not
address this matter.
The conference agreement includes bill language, as
proposed by the Senate, requiring the Secretary of State to
make a certification regarding the United States Government's
public support for the military and political efforts of the
Government of Colombia. The House bill did not address this
matter.
The conference agreement does not include bill language,
as proposed by the Senate amendment, regarding United States
citizens held hostage in Colombia. The House bill did not
address this matter. The conferees are deeply concerned that
three American citizens, David Mankins, Mark Rich, and Rick
Tenenoff, have been held hostage by Revolutionary Armed Forces
of Colombia (FARC) guerrillas since January 31, 1993. These men
were engaged in humanitarian and religious work when they were
taken hostage. The conferees condemn these kidnappings and urge
the Administration and the United Nations to work to gain the
prompt release of these Americans.
CHAPTER 3
Military Construction, Defense-wide
The conferees recommend $116,523,000 for Military
Construction, Defense-wide, as proposed by the House and
Senate. These amounts are provided as a contingent emergency
appropriation for the construction of three Forward Operating
Locations to support the Colombia Anti-Drug Program, as
follows:
Ecuador:cation/Facility Cost
Airfield Pavement/Rinse Facility.................... $38,600,000
Aircraft Maintenance Hangar/Nose/Dock Apron......... 6,723,000
Expeditionary Maintenance Facilities................ 4,900,000
Expeditionary Rescue Station........................ 2,200,000
Expeditionary Squadron Ops/AMU/Storage.............. 2,600,000
Expeditionary Visiting Airmen Quarters/Dining
Facility.......................................... 4,650,000
Expeditionary Visiting Officer Quarters............. 1,600,000
--------------------------------------------------------
____________________________________________________
Subtotal, Ecuador................................. 61,273,000
Aruba:
Airfield Pavement/Rinse Facility.................... 8,800,000
Expeditionary Maintenance Facilities................ 860,000
Small Exped. Aircraft Maintenance Hangar/Apron...... 590,000
--------------------------------------------------------
____________________________________________________
Subtotal, Aruba................................... 10,250,000
Curacao:
Airfield Pavement/Rinse Facility.................... 29,500,000
Aircraft Maintenance Hangar/Nose/Dock Apron......... 9,200,000
Expeditionary Maintenance Facilities................ 3,000,000
Expeditionary Squadron Ops/AMU/Storage.............. 2,200,000
--------------------------------------------------------
____________________________________________________
Subtotal, Curacao................................. 43,900,000
Various: Planning and Design.................................. 1,100,000
--------------------------------------------------------
____________________________________________________
Subtotal, Various................................. 1,100,000
========================================================
____________________________________________________
Total........................................... 116,523,000
TITLE IV--LEWIS AND CLARK RURAL WATER SYSTEM
Lewis and Clark Rural Water System Project.--The
conference agreement includes language authorizing the Lewis
and Clark Rural Water System project in South Dakota. Both the
House and Senate versions of the Lewis and Clark Rural Water
System legislation contained provisions to make Pick-Sloan
power that had been reserved for future irrigation and drainage
pumping for the Pick-Sloan Missouri Basin Program available at
the firm power rate during the irrigation season, May 1 through
October 31 each year, so long as the system is operated on a
not-for-profit basis. Pick-Sloan capacity and energy will be
provided by the Western Area Power Administration to the rural
water system at the firm power rate schedule of the Pick-Sloan
Eastern Division of the Western Area Power Administration in
effect when the power is delivered by Western to the qualified
preference power supplier, which will be responsible for
delivery of Pick-Sloan power. The conferees understand that the
qualified preference entity is entitled to include in its
charges to the rural water system its other usual and customary
charges. Additional power supply for the water supply project
shall be provided in accordance with state law.
TITLE V--GENERAL PROVISIONS THIS DIVISION
Section 5102. The conference agreement includes a
provision that repeals certain pay date shifts that were
included in the Fiscal Year 2000 Consolidated Appropriations
Act. That Act provided that when military members were to be
paid on September 30, 2000, or when civilian employees were to
be paid on September 29, 2000, or on September 30, 2000, these
groups were to be paid on October 1, 2000.
Section 5103. The conference agreement includes a new
provision that nullifies the final proviso of title VI of the
fiscal year 2000 Foreign Operations, Export Financing, and
Related Programs Appropriations Act.
Section 5104. The conference agreement includes a House
provision that repeals Section 216 of the Departments of Labor,
Health and Human Services, and Education and Related Agencies
Appropriations Act, 2000. This section provides for the delayed
obligation of funds within a number of accounts. As a result of
this action, the department and agencies funded by this Act
will be able to obligate funds in the normal pattern.
Section 5105. The conference agreement includes a new
provision, which was requested in the fiscal year 2001 budget
submission, that restores Supplemental Security Income payments
to the appropriate year, so that all payments are made
consistent with the normal rules for making SSI payments which
come due on a weekend or non-banking day.
Section 5106. The conference agreement includes a new
provision, which was requested in the fiscal year 2001 budget
submission, that moves the pay date for veterans' compensation
and pensions from fiscal year 2001 to fiscal year 2000.
Section 5107. The conference agreement includes a
provision waiving sequestration for fiscal year 2000 for any of
the supplemental funding included.
Section 5108. The conference agreement includes a
provision that permits the Senate to consider fiscal year 2001
appropriations bills at the level of the fiscal year 2001
budget resolution.
Section 5109. The conference agreement includes a
provision that shifts $2,000,000,000 in outlays only from the
defense category to the non-defense category without changing
the aggregate totals. The provision affects the defense/non-
defense firewall applicable to the Senate only under the terms
of the fiscal year 2001 budget resolution.
DIVISION C
CERRO GRANDE FIRE
TITLE I--CERRO GRANDE FIRE ASSISTANCE ACT
COMPENSATION FOR VICTIMS OF CERRO GRANDE FIRE
Federal Emergency Management Agency
cerro grande fire assistance fund and claims office
The conferees have agreed to provide an appropriation of
$500,000,000 for the Federal Emergency Management Agency to
carry out the provisions of the Cerro Grande Fire Assistance
Act.
The Cerro Grande Fire Assistance Act (``the Act'')
provides a comprehensive and expeditious process for the
settlement of claims resulting from the Cerro Grande Fire,
which was caused by the prescribed burn initiated by the
National Park Service on Federal land at Bandelier National
Monument in New Mexico. The claims process will be administered
through a new Office of Cerro Grande Fire Claims at the Federal
Emergency Management Agency (FEMA).
On May 4, 2000, the National Park Service initiated a
prescribed burn on Federal land at Bandelier National Monument
in New Mexico during the peak of the southwest fire season. One
day later, the prescribed burn exceeded the containment
capabilities of the National Park Service, was reclassified as
a wildland burn, and quickly spread to other Federal and non-
Federal lands. By May 7, 2000, the fire had grown in size,
spreading to residential areas and causing the evacuation of
several communities in northern New Mexico, including Los
Alamos.
The Cerro Grande Fire was the largest forest fire in the
state of New Mexico's history. The fire damaged or destroyed
more than 48,000 acres of forest, 37 million trees, 439 homes,
caused injuries, property damages and personal injuries to more
than 1,000 families, countless businesses, the County of Los
Alamos, the State of New Mexico, two Indian tribes and several
other Federal and non-Federal entities. The Secretary of
Interior and the National Park Service have assumed
responsibility for the fire and the subsequent injuries which
resulted from it.
The Act provides full compensation for injuries resulting
from the Cerro Grande Fire. The term ``injury'' is given the
same meaning as in the Federal Tort Claims Act. However, the
Act contains an instructive list of allowable damages for
injuries which constitute losses of property, business losses
or financial losses. The conferees intend that FEMA compensate
fully all injured parties for these enumerated damages if the
damages resulted from the Cerro Grande Fire. The Act also gives
FEMA the discretion to compensate fully injured parties for any
other damages resulting from the fire which FEMA deems
appropriate.
Those eligible for compensation through the claims
process include all entities which suffered injuries resulting
from the fire, including individuals, Indian tribes,
corporations, tribal corporations, partnerships, companies,
school districts, other state and local governmental entities
and insurance companies. The conferees are aware that certain
members of the Los Alamos community injured by the fire are
non-citizens lawfully present in the United States who are
otherwise ineligible for certain assistance from FEMA and other
governmental agencies. The Act intends that these individuals
be compensated for their losses in the same manner as any other
injured party.
The Act requires that FEMA also compensate insurance
companies as subrogees for claims paid to insureds for damages
resulting from the fire. However, the Act makes clear that, to
the maximum extent practicable, insurance companies should
receive payment for their claims only after those claims
submitted by other injured parties are satisfied.
The Act requires FEMA within 45 days of enactment of the
Act to promulgate interim final regulations for the processing
and payment of claims. Injured parties must file their claims
within 2 years from the date on which such regulations are
promulgated. FEMA must determine and fix the amount of payment
of each claim within 180 days of its filing.
The conferees are concerned that injured parties only be
compensated once for injuries resulting from the fire. To
prevent double recoveries and to maintain an orderly claims
process, the Act requires that injured parties elect to pursue
damages for their injuries either by submitting a claim to the
Cerro Grande Fire Claims Office or by filing a claim in the
courts under the Federal Tort Claims Act or any other provision
of law. If a party elects to file a claim with the Cerro Grande
Fire Claims Office, the party may not subsequently file a claim
in court for the same damages. Conversely, parties who choose
to pursue damages in a court of law may not file a claim under
this Act.
The conferees recognize that disputes may arise over
claims submitted under this Act. The Act preserves the rights
of individuals to request judicial review of their final claims
awards in the Federal District Court for the District of New
Mexico. The Act also allows aggrieved claimants in lieu of
Federal court to elect binding arbitration of their claims
award by a neutral third party under a process to be determined
by FEMA.
The conferees note that the responsibility given to FEMA
under this Act is outside the scope of the work FEMA normally
performs in managing disasters. The conferees have confidence
that FEMA and its Director will manage the claims process in
accordance with the intent of this Act, and that this new,
temporary responsibility will not diminish FEMA's ability to
manage other current and future disasters under the Stafford
Act. The conferees also intend that no funds to administer this
Act or pay claims will be derived from the Disaster Relief
Fund.
TITLE II--CERRO GRANDE FIRE EMERGENCY
SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
Farm Service Agency
emergency conservation program
The conference agreement provides an additional
$10,000,000 for the emergency conservation program (ECP), to
remain available until expended. The conferees include language
that allows ECP funds to be used to rehabilitate farmland
damaged from fires that resulted from prescribed burning
conducted by the Federal government, and exempts these funds
from certain cost-share requirements.
Natural Resources Conservation Service
watershed and flood prevention operations
The conference agreement recommends an additional
$4,000,000, to remain available until expended, to repair
damages as a result of the Los Alamos, New Mexico fires.
DEPARTMENT OF ENERGY
Atomic Energy Defense Activities
cerro grande fire activities
The conference agreement appropriates $138,000,000 for
the Department of Energy for damage sustained by the Los Alamos
National Laboratory in the Cerro Grande fire. The entire
amounts has been designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
The conference agreement provides $53,340,000 for
physical damage, destruction repair and risk mitigation;
$27,260,000 for restoring services; $39,400,000 for emergency
response; and $18,000,000 for resuming laboratory operations.
The Department is directed to provide a monthly report
showing the estimated costs for each activity, the actual costs
incurred, and a brief description of the activities performed.
The Department should work with the House and Senate Committees
on Appropriations on the format for this report.
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
operation of indian programs
The conference agreement provides $8,982,000 in emergency
funding for operation of Indian programs for the Pueblo of
Santa Clara and the Pueblo of San Ildefonso for restoration,
rehabilitation and reforestation of tribal lands and facilities
damaged by the Cerro Grande fire in New Mexico. The entire
amount is contingent on receipt of a budget request that
includes a Presidential designation of the entire amount as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
General Provision--This Title
Section 2101 allows members of the Pueblo of San
Ildefonso and the Pueblo of Santa Clara to collect plants and
minerals in the Bandelier National Monument. The extensive
areas burned by the Cerro Grande fire have severely reduced the
availability of local plants, clays and soils traditionally
used by these Pueblos. To allow their traditional ceremonies to
continue uninterrupted, it is necessary to allow enrolled
members of both Pueblos access to plant and mineral resources
that are available in the Bandelier National Monument at
quantities greater than allowed by current regulations of the
National Park Service. These activities would be consistent
with applicable laws governing the Monument.
For the consideration of the House bill and
Division A of the Senate amendment and
modifications committed to conference:
David L. Hobson,
John Edward Porter,
Todd Tiahrt,
James T. Walsh,
Dan Miller,
Robert B. Aderholt,
Kay Granger,
Virgil Goode, Jr.,
C.W. Bill Young,
John W. Olver,
Chet Edwards,
Sam Farr,
Allen Boyd,
Norman D. Dicks,
David Obey,
For the consideration of Division B of the
Senate amendment and modifications committed to
conference:
C.W. Bill Young,
Ralph Regula,
Jerry Lewis,
Harold Rogers,
Joe Skeen,
Sonny Callahan,
David Obey,
John Murtha,
Managers on the Part of the House.
Conrad Burns,
Kay Bailey Hutchison,
Larry Craig,
Jon Kyl,
Ted Stevens,
Patty Murray,
Harry Reid,
Daniel K. Inouye,
Robert C. Byrd,
Managers on the Part of the Senate.