[106th Congress Public Law 246]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ246.106]
[[Page 114 STAT. 511]]
Public Law 106-246
106th Congress
An Act
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. <<NOTE: July 13, 2000 - [H.R. 4425]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
DIVISION <<NOTE: Military Construction Appropriations Act, 2001.>> 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
[[Page 114 STAT. 512]]
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.
[[Page 114 STAT. 513]]
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,
[[Page 114 STAT. 514]]
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 and maintenance, 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.
[[Page 114 STAT. 515]]
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, and manufacturers 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.
[[Page 114 STAT. 516]]
Sec. 113. <<NOTE: Notification.>> 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. <<NOTE: 10 USC 2860 note.>> 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. <<NOTE: 10 USC 2860 note.>> 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. <<NOTE: Reports. Deadline.>> 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.
[[Page 114 STAT. 517]]
(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) <<NOTE: Notice.>> 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. <<NOTE: Deadline. Notice.>> (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)
[[Page 114 STAT. 518]]
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. <<NOTE: 10 USC 2821 note.>> 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, <<NOTE: Reports.>> 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. <<NOTE: Deadline.>> 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.
[[Page 114 STAT. 519]]
(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 Commonwealth 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 Commonwealth 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) <<NOTE: Effective date.>> 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. Section 131 of the Military Construction Appropriations
Act, 1988 (Public Law 100-202), <<NOTE: 101 Stat. 1329-319.>> 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.''.
[[Page 114 STAT. 520]]
(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, <<NOTE: Effective date.>> 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, <<NOTE: Notification.>> That the Secretary notifies the
appropriate committees of Congress 30 days in advance of the intended
use of such funds: <<NOTE: Effective date.>> 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-
appropriated fund), 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''
[[Page 114 STAT. 521]]
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
[[Page 114 STAT. 522]]
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.
[[Page 114 STAT. 523]]
(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) <<NOTE: Procedures.>> 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) <<NOTE: Applicability.>> 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.
[[Page 114 STAT. 524]]
(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) Effective Date.--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, <<NOTE: Effective date.>> 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, <<NOTE: Effective date.>> That this section becomes effective
immediately upon enactment of this Act.
Sec. 139. <<NOTE: Deadline. Reports.>> (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''.
[[Page 114 STAT. 525]]
DIVISION <<NOTE: Emergency Supplemental Act, 2000.>> 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 the Balanced 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
[[Page 114 STAT. 526]]
available for such purposes: Provided
further, <<NOTE: Notification.>> 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, <<NOTE: Certification.>> 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, <<NOTE: Certification.>> 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
[[Page 114 STAT. 527]]
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.
[[Page 114 STAT. 528]]
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. <<NOTE: Effective date. Termination date. 37 USC 403
note.>> (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) <<NOTE: 37 USC 403 note.>> 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 <<NOTE: Deadline.>> petroleum: Provided, That the
Secretary of Defense shall transfer $1,556,200,000 in excess collections
from the ``Defense-Wide Working Capital Fund''
[[Page 114 STAT. 529]]
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, <<NOTE: Certification.>> 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) <<NOTE: Notification.>> The Secretary of Defense shall notify
the congressional defense committees before charging an obligation or an
adjustment to obligations under this section.
(c) <<NOTE: Reports. Deadline.>> 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),
[[Page 114 STAT. 530]]
$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 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, 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),
[[Page 114 STAT. 531]]
$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. <<NOTE: Government organization.>> 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
[[Page 114 STAT. 532]]
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 <<NOTE: Deadline.>> 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
[[Page 114 STAT. 533]]
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. <<NOTE: Notification.>> 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. <<NOTE: Alabama. Bender Shipbuilding and Repair
Company.>> (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) <<NOTE: Applicability.>> 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;
[[Page 114 STAT. 534]]
``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,
[[Page 114 STAT. 535]]
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.
[[Page 114 STAT. 536]]
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
[[Page 114 STAT. 537]]
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
[[Page 114 STAT. 538]]
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
[[Page 114 STAT. 539]]
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 amount specified
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
[[Page 114 STAT. 540]]
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.
[[Page 114 STAT. 541]]
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 entire amount 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
[[Page 114 STAT. 542]]
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 <<NOTE: 47 USC 1021 note.>> 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,
[[Page 114 STAT. 543]]
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, 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.
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development Assistance
Programs'', $55,800,000, to remain available until 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, as amended, 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
[[Page 114 STAT. 544]]
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
[[Page 114 STAT. 545]]
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) of the 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
[[Page 114 STAT. 546]]
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 ``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--
(1) inserting after section 5007 the following new section:
``SEC. 5008. <<NOTE: Alaska. 33 USC 2738.>> 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 ) <<NOTE: Publication.>> Availability of Research.--The
Institute shall publish and make available to any person on request the
results of all
[[Page 114 STAT. 547]]
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
(2) <<NOTE: 33 USC 2736.>> 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.
[[Page 114 STAT. 548]]
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 the request 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.
[[Page 114 STAT. 549]]
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. <<NOTE: Deadline.>> 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. <<NOTE: Deadline. Fish and fishing.>> 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) <<NOTE: Buy N Pack Seafoods.>> 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) <<NOTE: 113 Stat. 1501A-223.>> is amended by striking ``including
not to exceed $750,000 may be collected by the National Mine Health
[[Page 114 STAT. 550]]
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, <<NOTE: Abstinence.>> 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
[[Page 114 STAT. 551]]
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 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.
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) <<NOTE: 113 Stat. 1501A-236.>> 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''.
[[Page 114 STAT. 552]]
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) <<NOTE: 113 Stat. 1501A-422.>> 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''.
[[Page 114 STAT. 553]]
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 <<NOTE: 113 Stat. 1501A-249.>> 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) <<NOTE: 113 Stat. 1501A-250.>> 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 the Balanced
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) <<NOTE: 113 Stat. 1501A-253.>> is amended--
[[Page 114 STAT. 554]]
(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.
[[Page 114 STAT. 555]]
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2401. 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) <<NOTE: 113 Stat. 1501A-383.>> 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 Disease Control and Prevention or to the Department of
Education''.
Sec. 2402. 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. 2403. (a) The Workforce Investment Act of 1998 (20 U.S.C. 2841)
is amended--
(1) in section <<NOTE: 20 USC 9273.>> 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. 2404. 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. 2405. 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. 2406. For an additional amount for ``Health Resources and
Services Administration, Health Resources and Services'',
[[Page 114 STAT. 556]]
$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 inserting ``15 months''.
[[Page 114 STAT. 557]]
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
[[Page 114 STAT. 558]]
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 U.S.
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. <<NOTE: Grants. 43 USC 7403 note.>> (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) <<NOTE: Deadline. Reports.>> 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.
[[Page 114 STAT. 559]]
(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. <<NOTE: 23 USC 130 note.>> 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
[[Page 114 STAT. 560]]
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, <<NOTE: Government organization. Contracts.>> 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, <<NOTE: Government organization. Contracts. Deadline.>> 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
[[Page 114 STAT. 561]]
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, as amended: 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, as amended, 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 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
[[Page 114 STAT. 562]]
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 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 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 <<NOTE: Effective date.>> (a) shall be effective
September 30, 2000.
[[Page 114 STAT. 563]]
(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 systems
acquisition management practices of the Federal Government.
Sec. 2703. <<NOTE: Deadlines.>> 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
[[Page 114 STAT. 564]]
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. <<NOTE: Anti-doping.>> (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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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-
[[Page 114 STAT. 565]]
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 flooding caused by Hurricane Floyd and surrounding
events: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
[[Page 114 STAT. 566]]
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, <<NOTE: 113 Stat.
1063.>> 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.
[[Page 114 STAT. 567]]
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
[[Page 114 STAT. 568]]
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 paragraph 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, <<NOTE: Reports. Certification.>> 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.
[[Page 114 STAT. 569]]
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 <<NOTE: 42 USC 1437f.>> 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 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. <<NOTE: 113 Stat. 1533.>> 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 ``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) <<NOTE: 113 Stat. 1060.>> under the heading ``Urban
Empowerment Zones'', by striking ``$3,666,000'' and inserting
``$3,666,666''; and
(2) <<NOTE: 113 Stat. 1062.>> 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 <<NOTE: 113 Stat. 1501A-303.>> 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 <<NOTE: 113 Stat. 1073.>> 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''.
[[Page 114 STAT. 570]]
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
[[Page 114 STAT. 571]]
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) <<NOTE: Applicability.>> 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
[[Page 114 STAT. 572]]
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: <<NOTE: President.>> 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 shall not apply to funds appropriated under this heading: Provided
further, <<NOTE: Deadline. Reports.>> 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.--
[[Page 114 STAT. 573]]
(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;
(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; and
(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,
[[Page 114 STAT. 574]]
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. <<NOTE: Deadline. President.>> 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.
[[Page 114 STAT. 575]]
(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
Strategy.
Sec. 3203. <<NOTE: Deadline.>> 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 counternarcotics 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 ensure the 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--
[[Page 114 STAT. 576]]
(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) <<NOTE: Deadline. President.>> 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 4 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.
[[Page 114 STAT. 577]]
Each such report shall provide an itemization of expenditures by each
such department, agency, or entity.
(f ) <<NOTE: Deadline. President.>> Bimonthly Reports.--Beginning
within 90 days of the date of the enactment of this Act, 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
[[Page 114 STAT. 578]]
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).
[[Page 114 STAT. 579]]
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 <<NOTE: Lewis and Clark Rural Water System Act of 2000. State
listing.>> 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--
[[Page 114 STAT. 580]]
(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) <<NOTE: Grants.>> 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) <<NOTE: Reports. Deadline.>> 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
[[Page 114 STAT. 581]]
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
[[Page 114 STAT. 582]]
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, <<NOTE: 113 Stat. 1501A-306.>> 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) <<NOTE: 113 Stat. 1501A-240.>> is repealed.
Sec. 5105. Section 5527 of Public Law 105-33, The Balanced Budget
Act of 1997, <<NOTE: 42 USC 909 note.>> 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, as amended, 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:
(1) by reducing the limit on outlays set forth in subsection
(a)(1) by $2,000,000,000; and
(2) by increasing the limit on outlays set forth in
subsection (a)(2) by $2,000,000,000.
[[Page 114 STAT. 583]]
This division may be cited as the ``Emergency Supplemental Act,
2000''.
DIVISION <<NOTE: Cerro Grande Fire Supplemental. New Mexico.>> 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 <<NOTE: Cerro Grande Fire Assistance Act.>> 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
[[Page 114 STAT. 584]]
(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.
[[Page 114 STAT. 585]]
(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.
[[Page 114 STAT. 586]]
(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
[[Page 114 STAT. 587]]
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) <<NOTE: Deadline. Federal Register,
publication.>> 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) <<NOTE: Publication.>> 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
[[Page 114 STAT. 588]]
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) <<NOTE: Deadline. Regulations.>> 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
[[Page 114 STAT. 589]]
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) <<NOTE: Deadline.>> 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.--
[[Page 114 STAT. 590]]
(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 <<NOTE: Applicability.>> 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
[[Page 114 STAT. 591]]
farmland damaged from fires which resulted from prescribed burnings
conducted by the Federal 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.
[[Page 114 STAT. 592]]
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''.
Approved July 13, 2000.
LEGISLATIVE HISTORY--H.R. 4425 (S. 2521):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 106-614 (Comm. on Appropriations) and 106-710
(Comm. of Conference).
SENATE REPORTS: No. 106-290 accompanying S. 2521 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 146 (2000):
May 16, considered and passed House.
May 18, considered and passed Senate, amended, in lieu of S.
2521.
June 29, House agreed to conference report.
June 30, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
July 13, Presidential statement.
<all>