[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4425 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
May 18, 2000.
Resolved, That the bill from the House of Representatives (H.R.
4425) entitled ``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.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
DIVISION A
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, $823,503,000, to remain available
until September 30, 2005: Provided, That of this amount, not to exceed
$84,706,000 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, $828,278,000, to remain available until September 30,
2005: Provided, That of this amount, not to exceed $71,000,000 shall be
available for study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of his
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $777,793,000, to remain available until September 30, 2005:
Provided, That of this amount, not to exceed $69,337,000 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,
$801,098,000, 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 $163,700,000 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, $233,675,000, 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, $183,029,000, to remain available until September
30, 2005.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $99,888,000, to
remain available until September 30, 2005.
Military Construction, Naval Reserve
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, $38,532,000, to remain available until September
30, 2005.
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, $25,533,000, 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, $175,000,000, 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,
$221,106,000, to remain available until September 30, 2005; for
Operation and Maintenance, and for debt payment, $958,364,000; in all
$1,179,470,000.
Family Housing, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension and alteration and for operation and maintenance, including
debt payment, leasing, minor construction, principal and interest
charges, and insurance premiums, as authorized by law, as follows: for
Construction, $392,765,000, to remain available until September 30,
2005; for Operation and Maintenance, and for debt payment,
$881,567,000; in all $1,274,332,000.
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,
$227,242,000, to remain available until September 30, 2005; for
Operation and Maintenance, and for debt payment, $820,879,000; in all
$1,048,121,000.
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), $1,174,369,000, to remain
available until expended: Provided, That not more than $865,318,000 of
the funds appropriated herein shall be available solely for
environmental restoration, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of
his determination and the reasons therefor.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in Military Construction
Appropriations Acts shall be expended for payments under a cost-plus-a-
fixed-fee contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of Defense
setting forth the reasons therefor.
Sec. 102. Funds appropriated to the Department of Defense for
construction shall be available for hire of passenger motor vehicles.
Sec. 103. Funds appropriated to the Department of Defense for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to
the national defense by the Secretary of Defense.
Sec. 104. None of the funds appropriated in this Act may be used to
begin construction of new bases inside the continental United States
for which specific appropriations have not been made.
Sec. 105. No part of the funds provided in Military Construction
Appropriations Acts shall be used for purchase of land or land
easements in excess of 100 percent of the value as determined by the
Army Corps of Engineers or the Naval Facilities Engineering Command,
except: (1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or his designee; (3)
where the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds appropriated in Military Construction
Appropriations Acts shall be used to: (1) acquire land; (2) provide for
site preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in annual
Military Construction Appropriations Acts.
Sec. 107. None of the funds appropriated in Military Construction
Appropriations Acts for minor construction may be used to transfer or
relocate any activity from one base or installation to another, without
prior notification to the Committees on Appropriations.
Sec. 108. No part of the funds appropriated in Military
Construction Appropriations Acts may be used for the procurement of
steel for any construction project or activity for which American steel
producers, fabricators, 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.
Sec. 113. The Secretary of Defense is to inform the appropriate
committees of Congress, including the Committees on Appropriations, of
the plans and scope of any proposed military exercise involving United
States personnel 30 days prior to its occurring, if amounts expended
for construction, either temporary or permanent, are anticipated to
exceed $100,000.
Sec. 114. Not more than 20 percent of the appropriations in
Military Construction Appropriations Acts which are limited for
obligation during the current fiscal year shall be obligated during the
last 2 months of the fiscal year.
(transfer of funds)
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
appropriated to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were appropriated if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(transfer of funds)
Sec. 118. During the 5-year period after appropriations available
to the Department of Defense for military construction and family
housing operation and maintenance and construction have expired for
obligation, upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making authorized
adjustments to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated balances of
such appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'' to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
Sec. 119. The Secretary of Defense is to provide the Committees on
Appropriations of the Senate and the House of Representatives with an
annual report by February 15, containing details of the specific
actions proposed to be taken by the Department of Defense during the
current fiscal year to encourage other member nations of the North
Atlantic Treaty Organization, Japan, Korea, and United States allies
bordering the Arabian Gulf to assume a greater share of the common
defense burden of such nations and the United States.
(transfer of funds)
Sec. 120. During the current fiscal year, in addition to any other
transfer authority available to the Department of Defense, proceeds
deposited to the Department of Defense Base Closure Account established
by section 207(a)(1) of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526) pursuant to section
207(a)(2)(C) of such Act, may be transferred to the account established
by section 2906(a)(1) of the Department of Defense Authorization Act,
1991, to be merged with, and to be available for the same purposes and
the same time period as that account.
Sec. 121. 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. 122. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for military family
housing the Secretary of the military department concerned shall submit
to the congressional defense committees the notice described in
subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under the
contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the nature of
the guarantee involved and assess the extent and likelihood, if any, of
the liability of the Federal Government with respect to the guarantee.
(c) In this section, the term ``congressional defense committees''
means the following:
(1) The Committee on Armed Services and the Military
Construction Subcommittee, Committee on Appropriations of the
Senate.
(2) The Committee on Armed Services and the Military
Construction Subcommittee, Committee on Appropriations of the
House of Representatives.
(transfer of funds)
Sec. 123. 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. 124. Notwithstanding this or any other provision of law, funds
appropriated in Military Construction Appropriations Acts for
operations and maintenance of family housing shall be the exclusive
source of funds for repair and maintenance of all family housing units,
including flag and general officer quarters: Provided, That not more
than $25,000 per unit may be spent annually for the maintenance and
repair of any general or flag officer quarters without 30 days advance
prior notification of the appropriate committees of Congress: Provided
further, That beginning January 15, 2000 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. 125. Of the funds provided in previous Military Construction
Appropriations Acts, amounts only associated with unobligated balances
are hereby rescinded from the following accounts in the specified
amounts:
``Military Construction, Army'', $3,369,000;
``Military Construction, Navy'', $23,120,000;
``Military Construction, Air Force'', $4,669,000;
``Military Construction, Defense-Wide'', $17,819,000;
``Family Housing, Army'', $1,627,000;
``Family Housing, Navy'', $18,352,000; and
``Family Housing, Air Force'', $4,551,000.
Sec. 126. During the current fiscal year, in addition to any other
transfer authority available to the Department of Defense, funds
appropriated in Public Law 106-52 within the ``Military Construction,
Naval Reserve'' account may be transferred to the fund for ``Military
Construction, Navy'' account to be made available to construct, under
the authority of 10 U.S.C. 2805, an elevated water storage tank at the
Navy Air Station, Memphis, Tennessee. Any amounts transferred shall be
merged with and be available for the same time period and for the same
purpose as the appropriation to which transferred.
Sec. 127. (a) The Secretary of the Army may accept funds from the
Federal Highway Administration, or the State of Kentucky, and credit
them to the appropriate Department of the Army accounts for the purpose
of funding all costs associated with the realignment, requested by the
State of Kentucky, of the military construction project involving a
rail connector located at Fort Campbell, Kentucky, authorized in
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 1997 (Public Law 104-201), 110 Stat. 2763.
(b) The Secretary may use the funds accepted for the realignment,
in addition to funds authorized and appropriated for the rail connector
project, notwithstanding the amount authorized in section 2101(a) of
Public Law 104-201. The funds accepted shall remain available until
expended.
(c) The costs associated with the realignment of the rail connector
project include but are not limited to redesign costs, additional
construction costs, additional costs due to construction delays related
to the realignment, and additional real estate costs.
(d) The authority provided in this section shall be effective upon
the date of enactment of this Act.
DIVISION B
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
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,
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:
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'', $85,700,000, to remain available for obligation
until expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the Secretary of Defense may transfer
the funds provided herein only to appropriations for military
personnel; operation and maintenance; procurement; research,
development, test and evaluation; and working capital funds: Provided
further, That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That no funds made available under this heading may be
obligated or expended for training, logistics support, planning or
assistance contracts for any overseas activity until 15 days after the
Assistant Secretary of Defense, Special Operations and Low-Intensity
Conflict reports to the congressional defense committees on the value,
duration and purpose of such contracts.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 101. (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: 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.
(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).
(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 20-day period beginning on
the date on which the Secretary submits the written certification for
fiscal year 2000 pursuant to section 1033(f)(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1882).
(2) The elements of the written certification submitted for fiscal
year 2000 described in section 1033(g) of that Act shall apply to, and
the written certification shall address, the support provided under
this section for counter-drug activities of the Government of Colombia.
CHAPTER 2
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.
GENERAL PROVISION--THIS CHAPTER
Sec. 201. (a) Not later than 60 days after the date of 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 and Curacao.
(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.
(c) Funds made available under this Act may not be provided unless
all reporting requirements in subsection (b) have been met.
CHAPTER 3
DEPARTMENT OF TRANSPORTATION
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'', $262,446,000
to remain available until September 30, 2001: Provided, That $5,000,000
shall be available for the 4.8 percent increase in military basic pay:
Provided further, That $18,000,000 shall be available for costs related
to the delivery of health care to Coast Guard personnel, retirees, and
their dependents: Provided further, That $15,000,000 shall be available
for Basic Allowance for Housing: Provided further, That $2,000,000
shall be available for the Military Housing Areas cost of living
adjustment: Provided further, That $15,000,000 shall be available for
recruiting and retention bonuses: Provided further, That $1,000,000
shall be available for fixed wing aviator retention bonuses: Provided
further, That $8,000,000 shall be available for advertising and other
costs related to recruiting: Provided further, That $64,446,000 shall
be available for aviation spare parts and maintenance: Provided
further, That $15,000,000 shall be available for shore facility
maintenance: Provided further, That $22,000,000 shall be available for
electronic equipment repair and replacement: Provided further, That
$22,000,000 shall be available for vessel spare parts and maintenance:
Provided further, That $46,000,000 shall be available for operational
fuel: Provided further, That $29,000,000 shall be available for
programmed flight hours: Provided further, That priority for use of
these funds should be for enhancing drug interdiction activities, but
shall not require the Coast Guard to close stations and utilize
remaining assets only for emergency situations; reduce the number of
personnel of an already streamlined workforce; curtail Coast Guard
capacity to carry out emergency search and rescue; or reduce operations
in a manner that would have a detrimental impact on the sustainability
of valuable fish stocks in the North Atlantic and Pacific Northwest and
the Coast Guard's capacity to stem the flow of illegal migration:
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 these funds shall be available only to the
extent an official budget request for a specific dollar amount, 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, and is transmitted by the President to the Congress.
acquisition, construction, and improvements
For an additional amount for acquisition, construction, renovation,
and improvement of facilities and equipment, to be available for
expansion of Coast Guard drug interdiction activities, $542,859,000, to
remain available until expended and to be distributed as follows:
Acquisition and construction of vessels authorized under
section 812(b) of the Western Hemisphere Drug Elimination Act,
$32,000,000;
Acquisition of electronic sensors for Coast Guard cutters
and boats, including electro-optical/infrared (EO/IR) systems
as authorized under section 812(b) of the Western Hemisphere
Drug Elimination Act, $12,000,000;
Acquisition of commercial satellite communications upgrade,
$5,459,000;
Acquisition of five over-the-horizon cutter boats,
$7,500,000;
Acquisition and installation of C-130 night vision
equipment, $10,000,000;
Acquisition of replacement forward looking infrared (FLIR)
systems for H-60 aircraft, $7,900,000;
Acquisition of six C-130J long-range maritime patrol
aircraft authorized under section 812(G) of the Western
Hemisphere Drug Elimination Act that are capable of meeting
defense-related and other elements of the Coast Guard's multi-
mission requirements, $468,000,000:
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 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.
reserve training
For an additional amount for operating, maintenance, and training
expenses of the Coast Guard Reserve, including supplies, equipment and
services, $3,750,000: Provided, That none of these funds may be
transferred to Coast Guard ``Operating expenses'' or otherwise made
available to reimburse the Coast Guard for financial support of the
Coast Guard Reserves: Provided further, That priority for use of these
funds should be for enhancing drug interdiction activities conducted by
the Coast Guard Reserves, but shall not require the Coast Guard to
close stations and utilize remaining assets only for emergency
situations; reduce the number of personnel of an already streamlined
workforce; curtail Coast Guard capacity to carry out emergency search
and rescue; or reduce operations in a manner that would have a
detrimental impact on the sustainability of valuable fish stocks in the
North Atlantic and Pacific Northwest and the Coast Guard's capacity to
stem the flow of illegal migration: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
TITLE II
PEACEKEEPING OPERATIONS IN 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.
Out of any money in the Treasury not otherwise appropriated, there
is appropriated for the fiscal year ending September 30, 2000, for
expenses, not otherwise provided for, necessary for the operation and
maintenance of the Navy and the Marine Corps, as authorized by law,
$220,000,000: Provided, That the amount made available by this heading
shall be available for ship depot maintenance; Provided further, That
the entire amount made available by this heading is designated 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)).
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
available for such purposes: Provided further, That the Secretary of
Defense may transfer funds to any agency or office of the United States
Government in order to implement the projects for which funds are
provided under this heading thirty days after the Director of the
Office of Management and Budget notifies the House and Senate
Committees on Appropriations of each proposed transfer: Provided
further, that each notification transmitted to the Committees shall
identify the specific amount, recipient agency and purpose for which
such transfer is proposed: Provided further, That appropriations made
available under this heading may be transferred and obligated for the
following purposes: a study of the health of Vieques residents; fire-
fighting related equipment and facilities at Antonio Rivera Rodriguez
Airport; construction or refurbishment of a commercial ferry pier and
terminal and associated navigational improvements; establishment and
construction of an artificial reef; reef conservation, restoration, and
management activities; payments to registered Vieques commercial
fishermen of an amount determined by the National Marine Fisheries
Service for each day they are unable to use existing waters because the
Navy is conducting training; expansion and improvement of major cross-
island roadways and bridges; an apprenticeship/training program for
young adults; preservation and protection of natural resources; an
economic development office and economic development activities; and
conducting a referendum among the residents of Vieques regarding
further use of the island for military training programs: Provided
further, That for purposes of providing assistance to Vieques, any
agency or office of the United States Government to which these funds
are transferred may utilize, in addition to any authorities available
in this paragraph, any authorities available to that agency or office
for carrying out related activities, including utilization of such
funds for administrative expenses: Provided further, That any amounts
transferred to the Department of Housing and Urban Development,
``Community development block grants'', shall be available only for
assistance to Vieques, notwithstanding section 106 of the Housing and
Community Development Act of 1974: Provided further, That the
Department of Commerce may make direct payments to registered Vieques
commercial fishermen: Provided further, That the Department of the Navy
may provide fire-fighting training and funds provided in this paragraph
may be used to provide fire-fighting related facilities at the Antonio
Rivera Rodriguez Airport: Provided further, That funds made available
under this heading may be transferred to the Army Corps of Engineers to
construct or modify a commercial ferry pier and terminal and associated
navigational improvements: Provided further, That except for amounts
provided for the health study, fire-fighting related equipment and
facilities, and certain activities in furtherance of the preservation
and protection of natural resources, funds provided in this paragraph
shall not become available until thirty days after the Secretary of the
Navy has certified to the congressional defense committees that the
integrity and accessibility of the training range is uninterrupted, and
trespassing and other intrusions on the range have ceased: Provided
further, That the Secretary of the Navy shall recertify to the
congressional defense committees the status of the range ninety days
after the initial certification, and each ninety days thereafter:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $2,174,000: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $2,851,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for the ``Overseas Contingency Operations
Transfer Fund'', $1,850,400,000, 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:
Provided further, That none of the funds made available under this
heading may be obligated or expended until 30 days after the Secretary
of Defense submits budget exhibits OP-5, and OP-32, as defined in the
Department of Defense Financial Management Regulation, for the Overseas
Contingency Operations Transfer Fund for Fiscal Years 2000 and 2001.
PROCUREMENT
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$73,000,000, to remain available for obligation until September 30,
2001: Provided, That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Research, Development, Test, and Evaluation, Army
For an additional amount for ``Research, Development, Test, and
Evaluation, Army'', $5,700,000 for continued test activities under the
Tactical High Energy Laser (THEL) program of the Army: Provided, That
the entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
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. 2101. (a) Minimum Rates of Basic Allowance for Housing for
Members of the Uniformed Services.--During the period beginning on
January 1, 2000, and ending on September 30, 2001 (or such earlier date
as the Secretary of Defense considers appropriate), a member of the
uniformed services entitled to a basic allowance for housing for a
military housing area in the United States shall be paid the allowance
at a monthly rate not less than the rate in effect on December 31,
1999, in that area for members serving in the same pay grade and with
the same dependency status as the member.
(b) Annual Limitation on Allowance.--In light of the rates for the
basic allowance for housing authorized by subsection (a), the Secretary
of Defense may exceed the limitation on the total amount paid during
fiscal year 2000 and 2001 for the basic allowance for housing in the
United States otherwise applicable under section 403(b)(3) of title 37,
United States Code.
(including transfer of funds)
Sec. 2102. 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),
$964,300,000 is hereby appropriated to the Department of Defense for
the ``Defense-Wide Working Capital Fund'' and shall remain available
until expended, for price increases resulting from worldwide increases
in the price of petroleum: Provided, That the Secretary of Defense
shall transfer any excess collections from the ``Defense-Wide Working
Capital Fund'' not later than September 30, 2001 to the operation and
maintenance; research, development, test and evaluation; and working
capital funds: Provided further, That the transfer authority provided
in this section is in addition to the transfer authority provided to
the Department of Defense in this Act or any other Act: Provided
further, That the entire amount made available in this section is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Sec. 2103. In addition to the amounts provided in the Department of
Defense Appropriations Act, 2000 (Public Law 106-79), $695,900,000 is
hereby appropriated for ``Defense Health Program'', to remain available
for obligation until September 30, 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.
Sec. 2104. To ensure the availability of biometrics technologies in
the Department of Defense, the Secretary of the Army shall be the
Executive Agent to lead, consolidate, and coordinate all biometrics
information assurance programs of the Department of Defense: Provided,
That there is hereby appropriated for fiscal year 2000, in addition to
other amounts appropriated for such fiscal year by other provisions of
this Act, $5,000,000 for Operation and Maintenance, Army, for carrying
out the biometrics assurance programs and for continuing the biometrics
information assurance programs of the Information System Security
Program: Provided further, That there is hereby appropriated for fiscal
year 2000, in addition to other amounts appropriated for such fiscal
year by other provisions of this Act, $1,000,000 for Operation and
Maintenance, Navy, and $1,000,000 for Operation and Maintenance, Air
Force, for carrying out the biometrics assurance programs with the
Army, as Executive Agent, to lead, consolidate, and coordinate such
programs: 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 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.
Sec. 2105. In addition to amounts appropriated or otherwise made
available for the Department of Defense elsewhere in this Act or in the
Department of Defense Appropriations Act, 2000 (Public Law 106-79),
$125,000,000 is hereby appropriated to the Department of Defense to
remain available until September 30, 2002, to be available only for the
Patriot missile program: Provided, That not later than 30 days after
the enactment of this Act the Department shall submit a revised Patriot
missile program plan to the congressional defense committees: Provided
further, That the entire amount made available in this section is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: 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 by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Sec. 2106. 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: Provided, 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.
Sec. 2107. 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: 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.
Sec. 2108. (a) Transfer of Funds.--Notwithstanding any other
provision of law, of the funds appropriated by title II of the
Department of Defense Appropriations Act, 2000 (Public Law 106-79)
under the heading ``Operation and Maintenance, Defense-Wide'',
$9,642,000 shall be transferred to the Macalloy Special Account
administered by the Administrator of the Environmental Protection
Agency to pay for response actions by, or on behalf of, the
Environmental Protection Agency under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) at the Macalloy site in Charleston, South Carolina.
(b) Treatment of Funds.--Any of the funds transferred pursuant to
subsection (a) that are used to pay for response actions at the
Macalloy site shall be credited against any liability of the United
States with respect to the site under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
Sec. 2109. (a) All funds appropriated by this or any other Act for
LHD-8 shall be made available for obligation no later than 15 days
after the date of enactment of this Act.
(b) Of the funds made available by subsection (a) above not less
than $263,000,000 shall be obligated for design, advanced procurement,
and advanced construction of components for LHD-8 by the shipbuilder
not more than 60 days from the date of enactment of this Act. Such
other funds required for Government furnished equipment and program
management shall be obligated concurrently.
Sec. 2110. 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: Provided, That the
entire amount shall be available only to the extent an official budget
request is submitted 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.
Sec. 2111. The Ballistic Missile Defense Organization and its
subordinate offices and associated contractors, including the Lead
Systems Integrator, shall notify the congressional defense committees
30 days prior to issuing any type of information or proposal
solicitation under the NMD Program.
CHAPTER 2
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
Weapons Activities
For an additional amount for ``Weapons activities'', $221,000,000,
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 $221,000,000 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.
Other Defense Activities
For an additional amount for ``Other defense activities'',
$12,000,000, 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 $12,000,000 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 3
Military Construction, Defense-Wide
(including transfer of funds)
For an additional amount for ``Military Construction, Defense-
Wide'', $1,000,000, as authorized by section 2854 of title 10, United
States Code, 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 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.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'' to cover the incremental costs arising from the consequences of
Hurricane Georges, $9,145,000 as authorized by section 2854 of title
10, United States Code, 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 $9,145,000, 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.
Military Construction, Army Reserve
For an additional amount for ``Military Construction, Army
Reserve'' to cover the incremental costs arising from the consequences
of Hurricane Floyd, $12,348,000, as authorized by section 2854 of title
10, United States Code, 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
an official budget request for $12,348,000 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.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2301. In addition to amounts appropriated or otherwise made
available in the Military Construction Appropriations Act, 2000,
$4,700,000 is hereby appropriated to the Department of Defense, to
cover incremental Operation and Maintenance costs to family housing, as
authorized by section 2854 of title 10, United States Code, as follows:
``Family Housing, Navy and Marine Corps'', $3,000,000; and
``Family Housing, Air Force'', $1,700,000:
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 $4,700,000, 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. 2302. 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, Washington, D.C.: Provided, That the
Secretary notifies the appropriate committees of Congress thirty days
in advance of the intended use of such funds.
brooks air force base development demonstration project
Sec. 2303. (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 Departmental 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'' if the
Secretary determines that the award will advance the purposes of a
joint activity conducted under the project and is in the best interest
of the Department.
(3) Notwithstanding that such services are generally funded by
local and State taxes and provided without specific charge to the
public at large, the Secretary may contract for public services at or
for the benefit of the Base in exchange for such consideration, if any,
the Secretary determines to be appropriate.
(4)(A) The Secretary may conduct joint activities with the
Community, the State, and any private parties or entities on or for the
benefit of the Base.
(B) Payments or reimbursements received from participants for their
share of direct and indirect costs of joint activities, including the
costs of providing, operating, and maintaining facilities, shall be in
an amount and type determined to be adequate and appropriate by the
Secretary.
(C) Such payments or reimbursements received by the Department
shall be deposited into the Project Fund.
(d) Lease Authority.--(1) The Secretary may lease real or personal
property located on the Base and not required at other Air Force
installations to any lessee upon such terms and conditions as the
Secretary considers appropriate and in the interest of the United
States, if the Secretary determines that the lease would facilitate the
purposes of the Project.
(2) Consideration for a lease under this subsection shall be
determined in accordance with subsection (g).
(3) A lease under this subsection--
(A) may be for such period as the Secretary determines is
necessary to accomplish the goals of the Project; and
(B) may give the lessee the first right to purchase the
property at fair market value if the lease is terminated to
allow the United States to sell the property under any other
provision of law.
(4)(A) The interest of a lessee of property leased under this
subsection may be taxed by the State or the Community.
(B) A lease under this subsection shall provide that, if and to the
extent that the leased property is later made taxable by State
governments or local governments under Federal law, the lease shall be
renegotiated.
(5) The Department may furnish a lessee with utilities, custodial
services, and other base operation, maintenance, or support services
performed by Department civilian or contract employees, in exchange for
such consideration, payment, or reimbursement as the Secretary
determines appropriate.
(6) All amounts received from leases under this subsection shall be
deposited into the Project Fund.
(7) A lease under this subsection shall not be subject to the
following provisions of law:
(A) Section 2667 of title 10, United States Code, other
than subsection (b)(1) of that section.
(B) Section 321 of the Act of June 30, 1932 (40 U.S.C.
303b).
(C) The Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
(e) Property Disposal.--(1) The Secretary may sell or otherwise
convey or transfer real and personal property located at the Base to
the Community or to another public or private party during the Project,
upon such terms and conditions as the Secretary considers appropriate
for purposes of the Project.
(2) Consideration for a sale or other conveyance or transfer of
property under this subsection shall be determined in accordance with
subsection (g).
(3) The sale or other conveyance or transfer of property under this
subsection shall not be subject to the following provisions of law:
(A) Section 2693 of title 10, United States Code.
(B) The Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
(4) Cash payments received as consideration for the sale or other
conveyance or transfer of property under this subsection shall be
deposited into the Project Fund.
(f) Leaseback of Property Leased or Disposed.--(1) The Secretary
may lease, sell, or otherwise convey or transfer real property at the
Base under subsections (b) and (e), as applicable, which will be
retained for use by the Department or by another military department or
other Federal agency, if the lessee, purchaser, or other grantee or
transferee of the property agrees to enter into a leaseback to the
Department in connection with the lease, sale, or other conveyance or
transfer of one or more portions or all of the property leased, sold,
or otherwise conveyed or transferred, as applicable.
(2) A leaseback of real property under this subsection shall be an
operating lease for no more than 20 years unless the Secretary of the
Air Force determines that a longer term is appropriate.
(3)(A) Consideration, if any, for real property leased under a
leaseback entered into under this subsection shall be in such form and
amount as the Secretary considers appropriate.
(B) The Secretary may use funds in the Project Fund or other funds
appropriated or otherwise available to the Department for use at the
Base for payment of any such cash rent.
(4) Notwithstanding any other provision of law, the Department or
other military department or other Federal agency using the real
property leased under a leaseback entered into under this subsection
may construct and erect facilities on or otherwise improve the leased
property using funds appropriated or otherwise available to the
Department or other military department or other Federal agency for
such purpose.
(g) Consideration.--(1) The Secretary shall determine the nature,
value, and adequacy of consideration required or offered in exchange
for a lease, sale, or other conveyance or transfer of real or personal
property or for other actions taken under the Project.
(2) Consideration may be in cash or in-kind or any combination
thereof. In-kind consideration may include the following:
(A) Real property.
(B) Personal property.
(C) Goods or services, including operation, maintenance,
protection, repair, or restoration (including environmental
restoration) of any property or facilities (including non-
appropriated fund facilities).
(D) Base operating support services.
(E) Improvement of Department facilities.
(F) Provision of facilities, including office, storage, or
other usable space, for use by the Department on or off the
Base.
(G) Public services.
(3) Consideration may not be for less than the fair market value.
(h) Project Fund.--(1) There is established on the books of the
Treasury a fund to be known as the ``Base Efficiency Project Fund''
into which all cash rents, proceeds, payments, reimbursements, and
other amounts from leases, sales, or other conveyances or transfers,
joint activities, and all other actions taken under the Project shall
be deposited. Subject to paragraph (2), amounts deposited into the
Project Fund shall be available without fiscal year limitation.
(2) To the extent provided in advance in appropriations Acts,
amounts in the Project Fund shall be available to the Secretary for use
at the base only for operation, base operating support services,
maintenance, repair, or improvement of Department facilities, payment
of consideration for acquisitions of interests in real property
(including payment of rentals for leasebacks), and environmental
protection or restoration. The use of such amounts may be in addition
to or in combination with other amounts appropriated for these
purposes.
(3) Subject to generally prescribed financial management
regulations, the Secretary shall establish the structure of the Project
Fund and such administrative policies and procedures as the Secretary
considers necessary to account for and control deposits into and
disbursements from the Project Fund effectively.
(i) Federal Agencies.--(1)(A) Any Federal agency, its contractors,
or its grantees shall pay rent, in cash or services, for the use of
facilities or property at the Base, in an amount and type determined to
be adequate by the Secretary.
(B) Such rent shall generally be the fair market rental of the
property provided, but in any case shall be sufficient to compensate
the Base for the direct and overhead costs incurred by the Base due to
the presence of the tenant agency on the Base.
(2) Transfers of real or personal property at the Base to other
Federal agencies shall be at fair market value consideration. Such
consideration may be paid in cash, by appropriation transfer, or in
property, goods, or services.
(3) Amounts received from other Federal agencies, their
contractors, or grantees, including any amounts paid by appropriation
transfer, shall be deposited in the Project Fund.
(j) Reports to Congress.--(1) Section 2662 of title 10, United
States Code, shall apply to transactions at the Base during the
Project.
(k) Limitation.--None of the authorities in this section shall
create any legal rights in any person or entity except rights embodied
in leases, deeds, or contracts.
(l) Expiration of Authority.--The authority to enter into a lease,
deed, permit, license, contract, or other agreement under this section
shall expire on June 1, 2005.
(m) Definitions.--In this section:
(1) The term ``Project'' means the Base Efficiency Project
authorized by this section.
(2) The term ``Base'' means Brooks Air Force Base, Texas.
(3) The term ``Community'' means the City of San Antonio,
Texas.
(4) The term ``Department'' means the Department of the Air
Force.
(5) The term ``facility'' means a building, structure, or
other improvement to real property (except a military family
housing unit as that term is used in subchapter IV of chapter
169 of title 10, United States Code).
(6) The term ``joint activity'' means an activity conducted
on or for the benefit of the Base by the Department, jointly
with the Community, the State, or any private entity, or any
combination thereof.
(7) The term ``Project Fund'' means the Base Efficiency
Project Fund established by subsection (h).
(8) The term ``public services'' means public services
(except public schools, fire protection, and police protection)
that are funded by local and State taxes and provided without
specific charge to the public at large.
(9) The term ``Secretary'' means the Secretary of the Air
Force or the Secretary's designee, who shall be a civilian
official of the Department appointed by the President with the
advice and consent of the Senate.
(10) The term ``State'' means the State of Texas.
Sec. 2304. 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.
CHAPTER 4
GENERAL PROVISIONS--THIS DIVISION
Sec. 2401. 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. 2402. Section 305 of H.R. 3425 of the 106th Congress, as
enacted into law by section 1000(a)(5) of Public Law 106-113, is hereby
repealed.
(rescission)
Sec. 2403. (a) Of the unobligated balances available on October 1,
2000 from appropriations made in fiscal year 2000 and prior years, in
the nondefense, general purpose category to the departments and
agencies of the Federal Government for Information Technology programs
and activities, $23,000,000 are rescinded.
(b) Within 30 days after the date of the effective date of this
section, the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a listing of the amounts by account of
the reductions made pursuant to the provisions of subsection (a) of
this section.
(c) Subsection (a) shall be effective on October 1, 2000.
Sec. 2404. 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. 2405. 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. 2406. Term of Office of Person First Appointed as Under
Secretary for Nuclear Security of the Department of Energy. (a) Length
of Term.--The term of office as Under Secretary for Nuclear Security of
the Department of Energy of the first person appointed to that position
shall be three years.
(b) Exclusive Reasons for Removal.--The exclusive reasons for
removal from office as Under Secretary for Nuclear Security of the
person described in subsection (a) shall be inefficiency, neglect of
duty, or malfeasance in office.
(c) Position Described.--The position of Under Secretary for
Nuclear Security of the Department of Energy referred to in this
section is the position established by subsection (c) of section 202 of
the Department of Energy Organization Act (42 U.S.C. 7132), as added by
section 3202 of the National Nuclear Security Administration Act (title
XXXII of Public Law 106-65; 113 Stat. 954)).
Sec. 2407. (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., who 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. 2408. Subsection (b) of section 509 of title 32, United States
Code, is amended by striking ``Federal'' and inserting in lieu thereof
``Department of Defense''.
Sec. 2409. (a) Inapplicability of Time Limitations.--
Notwithstanding the time limitations in section 3744(b) of title 10,
United States Code, or any other time limitation, the President may
award the Medal of Honor under section 3741 of such title to the
persons specified in subsection (b) for the acts specified in that
subsection, the award of the Medal of Honor to such persons having been
determined by the Secretary of the Army to be warranted in accordance
with section 1130 of such title.
(b) Persons Eligible To Receive the Medal of Honor.--The persons
referred to in subsection (a) are the following:
(1) Ed W. Freeman, for conspicuous acts of gallantry and
intrepidity at the risk of his life and beyond the call of duty
on November 14, 1965, as flight leader and second-in-command of
a helicopter lift unit at landing zone X-Ray in the Battle of
the Ia Drang Valley, Republic of Vietnam, during the Vietnam
War, while serving in the grade of Captain in Alpha Company,
229th Assault Helicopter Battalion, 101st Cavalry Division
(Airmobile).
(2) James K. Okubo, for conspicuous acts of gallantry and
intrepidity at the risk of his life and beyond the call of duty
on October 28 and 29, and November 4, 1944, at Foret Domaniale
de Champ, near Biffontaine, France, during World War II, while
serving as an Army medic in the grade of Technician Fifth Grade
in the medical detachment, 442d Regimental Combat Team.
(3) Andrew J. Smith, for conspicuous acts of gallantry and
intrepidity at the risk of his life and beyond the call of duty
on November 30, 1864, in the Battle of Honey Hill, South
Carolina, during the Civil War, while serving as a corporal in
the 55th Massachusetts Voluntary Infantry Regiment.
(c) Posthumous Award.--The Medal of Honor may be awarded under this
section posthumously, as provided in section 3752 of title 10, United
States Code.
(d) Prior Award.--The Medal of Honor may be awarded under this
section for service for which a Silver Star, or other award, has been
awarded.
Sec. 2410. Sense of the Senate Regarding the Second Amendment, the
Enforcement of Federal Firearms Laws, and the Juvenile Crime
Conference. (a) Findings.--The Senate makes the following findings--
(1) the Second Amendment to the United States Constitution
protects the right of each law-abiding United States citizen to
own a firearm for any legitimate purpose, including self-
defense or recreation; and
(2) the Clinton Administration has failed to protect law-
abiding citizens by inadequately enforcing Federal firearms
laws. Between 1992 and 1998, Triggerlock gun prosecutions of
defendants who use a firearm in the commission of a felony
dropped nearly 50 percent, from 7,045 to approximately 3,800,
despite the fact that the overall budget of the Department of
Justice increased 54 percent during this period; and
(3) it is a Federal crime to possess a firearm on school
grounds under section 922(q) of title 18, United States Code.
The Clinton Department of Justice prosecuted only 8 cases under
this provision of law during 1998, even though more than 6,000
students brought firearms to school that year. The Clinton
Administration prosecuted only 5 such cases during 1997; and
(4) it is a Federal crime to transfer a firearm to a
juvenile under section 922(x) of title 18, United States Code.
The Clinton Department of Justice prosecuted only 6 cases under
this provision of law during 1998 and only 5 during 1997; also
(5) it is a Federal crime to transfer or possess a
semiautomatic assault weapon under section 922(v) of title 18,
United States Code. The Clinton Department of Justice
prosecuted only 4 cases under this provision of law during 1998
and only 4 during 1997; plus
(6) it is a Federal crime for any person ``who has been
adjudicated as a mental defective or who has been committed to
a mental institution'' to possess or purchase a firearm under
section 922(g) of title 18, United States Code. Despite this
Federal law, mental health adjudications are not placed on the
national instant criminal background system; also
(7) it is a Federal crime for any person knowingly to make
any false statement in the attempted purchase of a firearm. It
is also a Federal crime for convicted felons to possess or
purchase a firearm. More than 500,000 convicted felons and
other prohibited purchasers have been prevented from buying
firearms from licensed dealers since the Brady Handgun Violence
Prevention Act was enacted. When these felons attempted to
purchase a firearm, they committed another crime by making a
false statement under oath that they were not disqualified from
purchasing a firearm and, of the more than 500,000 violations,
only approximately 200 of the felons have been referred to the
Department of Justice for prosecution; and
(8) the Juvenile Crime Conference Committee is considering
a comprehensive approach to juvenile crime including--
(A) tougher penalties on criminals using guns and
illegal gun purchases;
(B) money for States to get tough on truly violent
teen criminals;
(C) a provision allowing Hollywood to reach
agreements to clean up smut and violence on television,
in video games, and in music;
(D) changing Federal education mandates to ensure
that all students who bring guns to school can be
disciplined; and
(E) a ban on juveniles who commit felonies from
ever legally possessing a gun and from possessing
assault weapons.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) any juvenile crime conference report should reflect a
comprehensive approach to juvenile crime and enhance the
prosecution of firearms offenses, including--
(A) designating not less than 1 Assistant United
States Attorney in each district to prosecute Federal
firearms violations and thereby expand Project Exile
nationally;
(B) upgrading the national instant criminal
background system by encouraging States to place mental
health adjudications on that system and by improving
the overall speed and efficiency of that system; and
(C) providing incentive grants to States to
encourage States to impose mandatory minimum sentences
for firearm offenses;
(2) the right of each law-abiding United States citizen to
own a firearm for any legitimate purpose, including self-
defense or recreation, should not be infringed.
Sec. 2411. Sense of the Senate Regarding the Million Mom March. (a)
Findings.--Since--
(1) on Mother's Day, May 14, 2000, an estimated 750,000
mothers, fathers, and children united for the Million Mom March
on the National Mall in Washington, D.C. and were joined by
tens of thousands of others, in 70 cities across America, in a
call for meaningful, common-sense gun policy;
(2) 4,223 young people ages 19 and under were killed by
gunfire--one every two hours, nearly 12 young people every
day--in the United States in 1997;
(3) American children under the age of 15 are 12 times more
likely to die from gunfire than children in 25 other
industrialized countries combined;
(4) gun safety education programs are inadequate to protect
children from gun violence;
(5) a majority of the Senate resolved that the House-Senate
Juvenile Justice Conference should meet, consider and pass by
April 20, 2000, a conference report to accompany H.R. 1501, the
Juvenile Justice Act, and that the conference report should
retain the Senate-passed gun safety provisions to limit access
to firearms by juveniles, felons, and other prohibited persons;
(6) the one-year anniversary of the Columbine High School
tragedy passed on April 20, 2000, without any action by the
Juvenile Justice Conference Committee on the reasonable gun
safety measures that were passed by the Senate almost one year
ago;
(7) continued inaction on this critical threat to public
safety undermines confidence in the ability of the Senate to
protect our children and raises concerns about the influence of
special interests opposed to even the most basic gun safety
provisions;
(8) this lack of action on the part of the Juvenile Justice
Conference Committee and this Congress to stem the flood of gun
violence is irresponsible and further delay is unacceptable;
and
(9) protecting our children from gun violence is a top
priority for our families, communities, and Nation.
(b) Sense of the Senate.--Now, therefore, be it determined, that it
is the sense of the Senate that--
(1) the organizers, sponsors, and participants of the
Million Mom March should be commended for rallying to demand
sensible gun safety legislation; and
(2) Congress should immediately pass a conference report to
accompany H.R. 1501, the Violent and Repeat Juvenile Offender
Accountability and Rehabilitation Act, before the Memorial Day
Recess, and include the Lautenberg-Kerrey gun show loophole
amendment and the other Senate-passed provisions designed to
limit access to firearms by juveniles, convicted felons, and
other persons prohibited by law from purchasing or possessing
firearms.
Sec. 2412. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to allow for the entry into, or withdrawal from warehouse
for consumption in the United States of diamonds if the country of
origin in which such diamonds were mined (as evidenced by a legible
certificate of origin) is the Republic of Sierra Leone, the Republic of
Liberia, the Republic of Cote d'Ivoire, the Democratic Republic of the
Congo, or the Republic of Angola.
Sec. 2413. Use of Department of Defense Facilities as Polling
Places. (a) In General.--Notwithstanding any other provision of law,
the Secretary of Defense shall not prohibit the designation or use of
any Department of Defense facility, currently designated by a State or
local election official, or used since January 1, 1996, as an official
polling place in connection with a local, State, or Federal election,
as such official polling place.
(b) Effective Date.--The prohibition under subsection (a) shall
apply to any election occurring on or after the date of enactment of
this section and before December 31, 2000.
Sec. 2414. Electronic and Information Technology. 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. 2415. Flood Mitigation Near Pierre, South Dakota. Section
136(a)(3) of title I of division C of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-596),
is amended by adding at the end the following:
``(C) Determination of economic justification.--
``(i) In general.--A determination of
economic justification under subparagraph (A)
shall be based on an assumption that the
Federal Government is liable for ground water
damage to land or property described in
paragraph (1).
``(ii) Effect of clause.--Clause (i) does
not impose on the Federal Government any
liability in addition to any liability that the
Federal Government may have under law in effect
on October 20, 1998.''.
Sec. 2416. Section 8114 of the Department of Defense Appropriations
Act, 1999 (Public Law 105-262) is amended ``And other SOFA claims'' to
be inserted following ``. . . the funds made available for payments to
persons, communities, or other entities in Italy for reimbursement
property damages . . .''.
This Act may be cited as the ``Military Construction Appropriations
Act, 2001''.
Attest:
Secretary.
106th CONGRESS
2d Session
H. R. 4425
_______________________________________________________________________
AMENDMENT
HR 4425 EAS----2
HR 4425 EAS----3
HR 4425 EAS----4
HR 4425 EAS----5