65–231

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–710

MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, FAMILY HOUSING, AND BASE REALIGNMENT AND CLOSURE FOR THE DEPARTMENT

OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001, AND

FOR OTHER PURPOSES

JUNE 29, 2000.—Ordered to be printed

Mr. HOBSON, from the committee on conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 4425]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 4425)

‘‘making appropriations for military construction, family housing,

and base realignment and closure for the Department of Defense

for the fiscal year ending September 30, 2001, and for other purposes’’, having met, after full and free conference, have agreed to

recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted by said amendment,

insert:

DIVISION A—FISCAL YEAR 2001 MILITARY CONSTRUCTION

APPROPRIATIONS

That the following sums are appropriated, out of any money in

the Treasury not otherwise appropriated for military construction,

family housing, and base realignment and closure functions administered by the Department of Defense, for the fiscal year ending September 30, 2001, and for other purposes, namely:

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law,

including personnel in the Army Corps of Engineers and other perVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00001 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.000 pfrm03 PsN: HR710
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sonal services necessary for the purposes of this appropriation, and

for construction and operation of facilities in support of the functions of the Commander in Chief, $909,245,000, to remain available

until September 30, 2005: Provided, That of this amount, not to exceed $109,306,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the

Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor.

MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of

temporary or permanent public works, naval installations, facilities,

and real property for the Navy as currently authorized by law, including personnel in the Naval Facilities Engineering Command

and other personal services necessary for the purposes of this appropriation, $928,273,000, to remain available until September 30,

2005: Provided, That of this amount, not to exceed $73,335,000

shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense

determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses

of Congress of his determination and the reasons therefor.

MILITARY CONSTRUCTION, AIR FORCE

For acquisition, construction, installation, and equipment of

temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by

law, $870,208,000, to remain available until September 30, 2005:

Provided, That of this amount, not to exceed $74,628,000 shall be

available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes

and notifies the Committees on Appropriations of both Houses of

Congress of his determination and the reasons therefor.

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment of

temporary or permanent public works, installations, facilities, and

real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized

by law, $814,647,000, to remain available until September 30, 2005:

Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction or family housing as he may designate, to be merged with

and to be available for the same purposes, and for the same time

period, as the appropriation or fund to which transferred: Provided

further, That of the amount appropriated, not to exceed $77,505,000

shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense

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determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses

of Congress of his determination and the reasons therefor.

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Army National Guard, and contributions therefor, as authorized by

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $281,717,000, to remain available until

September 30, 2005.

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Air National Guard, and contributions therefor, as authorized by

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $203,829,000, to remain available until

September 30, 2005.

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Army Reserve as authorized by chapter 1803 of title 10, United

States Code, and Military Construction Authorization Acts,

$108,738,000, to remain available until September 30, 2005.

MILITARY CONSTRUCTION, NAVAL RESERVE

(INCLUDING RESCISSIONS)

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $64,473,000, to remain available until September 30, 2005: Provided further, That the funds appropriated for

‘‘Military Construction, Naval Reserve’’ under Public Law 105–45,

$2,400,000 is hereby rescinded.

MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Air Force Reserve as authorized by chapter 1803 of title 10, United

States Code, and Military Construction Authorization Acts,

$36,591,000, to remain available until September 30, 2005.

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

For the United States share of the cost of the North Atlantic

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses

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for the collective defense of the North Atlantic Treaty Area as authorized in Military Construction Authorization Acts and section

2806 of title 10, United States Code, $172,000,000, to remain available until expended.

FAMILY HOUSING, ARMY

For expenses of family housing for the Army for construction,

including acquisition, replacement, addition, expansion, extension

and alteration and for operation and maintenance, including debt

payment, leasing, minor construction, principal and interest

charges, and insurance premiums, as authorized by law, as follows:

for Construction, $235,956,000, to remain available until September

30, 2005; for Operation and Maintenance, and for debt payment,

$951,793,000; in all $1,187,749,000.

FAMILY HOUSING, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps

for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized

by law, as follows: for Construction, $418,155,000, to remain available until September 30, 2005; for Operation and Maintenance, and

for debt payment, $881,567,000; in all $1,299,722,000.

FAMILY HOUSING, AIR FORCE

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation 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 AppropriaVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00004 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.001 pfrm03 PsN: HR710
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tions 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 engiVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00005 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.002 pfrm03 PsN: HR710
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neer 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 appropriaVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00006 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.003 pfrm03 PsN: HR710
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tions will not be necessary for the liquidation of obligations or for

making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations, Construction, Defense’’ to be merged with and to be available for the

same time period and for the same purposes as the appropriation

to which transferred.

SEC. 119. The Secretary of Defense is to provide the Committees

on Appropriations of the Senate and the House of Representatives

with an annual report by February 15, containing details of the specific actions proposed to be taken by the Department of Defense during the current fiscal year to encourage other member nations of the

North Atlantic Treaty Organization, Japan, Korea, and United

States allies bordering the Arabian Gulf to assume a greater share

of the common defense burden of such nations and the United

States.

(TRANSFER OF FUNDS)

SEC. 120. During the current fiscal year, in addition to any

other transfer authority available to the Department of Defense, proceeds deposited to the Department of Defense Base Closure Account

established by section 207(a)(1) of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public Law

100–526) pursuant to section 207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Department of Defense Authorization Act, 1991, to be merged with, and to

be available for the same purposes and the same time period as that

account.

SEC. 121. (a) No funds appropriated pursuant to this Act may

be expended by an entity unless the entity agrees that in expending

the assistance the entity will comply with sections 2 through 4 of the

Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the

‘‘Buy American Act’’).

(b) No funds made available under this Act shall be made

available to any person or entity who has been convicted of violating

the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as

the ‘‘Buy American Act’’).

SEC. 122. (a) In the case of any equipment or products that may

be authorized to be purchased with financial assistance provided

under this Act, it is the sense of the Congress that entities receiving

such assistance should, in expending the assistance, purchase only

American-made equipment and products.

(b) In providing financial assistance under this Act, the Secretary of the Treasury shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the

Congress.

(TRANSFER OF FUNDS)

SEC. 123. Subject to 30 days prior notification to the Committees on Appropriations, such additional amounts as may be determined by the Secretary of Defense may be transferred to the Department of Defense Family Housing Improvement Fund from amounts

appropriated for construction in ‘‘Family Housing’’ accounts, to be

merged with and to be available for the same purposes and for the

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same period of time as amounts appropriated directly to the Fund:

Provided, That appropriations made available to the Fund shall be

available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees

issued by the Department of Defense pursuant to the provisions of

subchapter IV of chapter 169, title 10, United States Code, pertaining to alternative means of acquiring and improving military

family housing and supporting facilities.

SEC. 124. None of the funds appropriated or made available by

this Act may be obligated for Partnership for Peace Programs in the

New Independent States of the former Soviet Union.

SEC. 125. (a) Not later than 60 days before issuing any solicitation for a contract with the private sector for military family housing the Secretary of the military department concerned shall submit

to the congressional defense committees the notice described in subsection (b).

(b)(1) A notice referred to in subsection (a) is a notice of any

guarantee (including the making of mortgage or rental payments)

proposed to be made by the Secretary to the private party under the

contract involved in the event of—

(A) the closure or realignment of the installation for which

housing is provided under the contract;

(B) a reduction in force of units stationed at such installation; or

(C) the extended deployment overseas of units stationed at

such installation.

(2) Each notice under this subsection shall specify the nature of

the guarantee involved and assess the extent and likelihood, if any,

of the liability of the Federal Government with respect to the guarantee.

(c) In this section, the term ‘‘congressional defense committees’’

means the following:

(1) The Committee on Armed Services and the Military

Construction Subcommittee, Committee on Appropriations of

the Senate.

(2) The Committee on Armed Services and the Military

Construction Subcommittee, Committee on Appropriations of

the House of Representatives.

(TRANSFER OF FUNDS)

SEC. 126. During the current fiscal year, in addition to any

other transfer authority available to the Department of Defense,

amounts may be transferred from the account established by section

2906(a)(1) of the Department of Defense Authorization Act, 1991, to

the fund established by section 1013(d) of the Demonstration Cities

and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay

for expenses associated with the Homeowners Assistance Program.

Any amounts transferred shall be merged with and be available for

the same purposes and for the same time period as the fund to

which transferred.

SEC. 127. Notwithstanding this or any other provision of law,

funds appropriated in Military Construction Appropriations Acts for

operations and maintenance of family housing shall be the exclusive

source of funds for repair and maintenance of all family housing

units, including flag and general officer quarters: Provided, That

9

not more than $25,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without

30 days advance prior notification of the appropriate committees of

Congress: Provided further, That the Under Secretary of Defense

(Comptroller) is to report annually to the Committees on Appropriations all operations and maintenance expenditures for each individual flag and general officer quarters for the prior fiscal year.

SEC. 128. The Army, Navy, Marine Corps, and Air Force are directed to submit to the appropriate committees of the Congress by

July 1, 2001, a Family Housing Master Plan demonstrating how

they plan to meet the year 2010 housing goals with traditional construction, operation and maintenance support, as well as privatization initiative proposals. Each plan shall include projected life cycle

costs for family housing construction, basic allowance for housing,

operation and maintenance, other associated costs, and a time line

for housing completions each year.

(RESCISSION OF FUNDS)

SEC. 129. Of the funds provided in previous Military Construction Appropriations Acts, $100,000,000 is hereby rescinded as of the

date of the enactment of this Act.

(TRANSFER OF FUNDS)

SEC. 130. During fiscal year 2001, in addition to any other

transfer authority available to the Department of Defense, funds appropriated in the Military Construction Appropriations Act, 2000

(Public Law 106–52; 113 Stat. 259) under the heading ‘‘MILITARY

CONSTRUCTION, NAVAL RESERVE’’ and still unobligated may be

transferred to the account for ‘‘MILITARY CONSTRUCTION, NAVY’’.

Amounts transferred under this section shall be merged with, and

be available for the same period as, the amounts in the account to

which transferred and shall be available to construct, under the authority of section 2805 of title 10, United States Code, an elevated

water storage tank at the Naval Support Activity Midsouth,

Millington, Tennessee.

SEC. 131. (a) The Secretary of the Army may accept funds from

the Federal Highway Administration, or the State of Kentucky, and

credit them to the appropriate Department of the Army accounts for

the purpose of funding all costs associated with the realignment, requested by the State of Kentucky, of the military construction project

involving a rail connector located at Fort Campbell, Kentucky, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2763).

(b) The Secretary may use the funds accepted for the realignment, in addition to funds authorized and appropriated for the rail

connector project, notwithstanding the amount authorized in section

2101(a) of Public Law 104–201. The funds accepted shall remain

available until expended.

(c) The costs associated with the realignment of the rail connector project include but are not limited to redesign costs, additional construction costs, additional costs due to construction delays

related to the realignment, and additional real estate costs.

(d) The authority provided in this section shall be effective upon

the date of the enactment of this Act.

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(RESCISSION OF FUNDS)

SEC. 132. Of the funds available to the Secretary of Defense in

the ‘‘Foreign Currency Fluctuations, Construction, Defense’’ account,

$83,000,000 is hereby rescinded.

(TRANSFER OF FUNDS)

SEC. 133. AMENDMENTS.—Section 131 of the Military Construction Appropriations Act, 1988 (Public Law 100–202), is amended—

(1) by striking subsection (c)(1), and inserting the following:

‘‘(c)(1) The Secretary shall use amounts paid to the Secretary

under subsection (b) for the acquisition of suitable sites for military

family housing; or, the acquisition, construction, or revitalization of

military family housing in the San Diego region, either through conventional military construction or through use of any of the alternative authorities contained in subchapter IV, chapter 169 of title

10, United States Code.’’.

(2) by adding after subsection (c)(2) the following new subparagraph:

‘‘(3) Any funds received by the Secretary under subsection (b)

and not deposited into the general fund of the Treasury under subsection (c)(2) may be transferred into the Department of Defense

Family Housing Improvement Fund in accordance with section

2883 in subchapter IV, chapter 169 of title 10, United States Code.’’.

SEC. 134. Section 412(c) of the Woodrow Wilson Memorial

Bridge Authority Act of 1995 (112 Stat. 160) is amended by inserting before the period at the end of the sentence the following: ‘‘, and

up to $170,000,000 for dredging and foundation activities for construction’’: Provided, That this section becomes effective immediately

upon enactment of this Act.

SEC. 135. Notwithstanding any other provision of law, the Secretary of the Navy is authorized to use funds received pursuant to

section 2601 of title 10, United States Code, for the construction, improvement, repair, and maintenance of the historic residences located at Marine Corps Barracks, 8th and I Streets, Washington,

D.C.: Provided, That the Secretary notifies the appropriate committees of Congress 30 days in advance of the intended use of such

funds: Provided further, That this section becomes effective immediately upon enactment of this Act.

BROOKS AIR FORCE BASE DEVELOPMENT DEMONSTRATION PROJECT

SEC. 136. (a) PURPOSE.—The purpose of this section is to evaluate and demonstrate methods for more efficient operation of military

installations through improved capital asset management and

greater reliance on the public or private sector for less-costly base

support services, where available. The section supersedes, and shall

be used in lieu of the authority provided in, section 8168 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79;

113 Stat. 1277).

(b) AUTHORITY.—(1) Subject to paragraph (4), the Secretary of

the Air Force may carry out at Brooks Air Force Base, Texas, a

demonstration project to be known as the ‘‘Base Efficiency Project’’

to improve mission effectiveness and reduce the cost of providing

quality installation support at Brooks Air Force Base.

11

(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’’

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.

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(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.

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(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.

14

(2) Transfers of real or personal property at the Base to other

Federal agencies shall be at fair market value consideration. Such

consideration may be paid in cash, by appropriation transfer, or in

property, goods, or services.

(3) Amounts received from other Federal agencies, their contractors, or grantees, including any amounts paid by appropriation

transfer, shall be deposited in the Project Fund.

(j) REPORTS TO CONGRESS.—(1) Section 2662 of title 10, United

States Code, shall apply to transactions at the Base during the

Project.

(k) LIMITATION.—None of the authorities in this section shall

create any legal rights in any person or entity except rights embodied in leases, deeds, or contracts.

(l) EXPIRATION OF AUTHORITY.—The authority to enter into a

lease, deed, permit, license, contract, or other agreement under this

section shall expire on June 1, 2005.

(m) DEFINITIONS.—In this section:

(1) The term ‘‘Project’’ means the Base Efficiency Project authorized by this section.

(2) The term ‘‘Base’’ means Brooks Air Force Base, Texas.

(3) The term ‘‘Community’’ means the City of San Antonio,

Texas.

(4) The term ‘‘Department’’ means the Department of the

Air Force.

(5) The term ‘‘facility’’ means a building, structure, or other

improvement to real property (except a military family housing

unit as that term is used in subchapter IV of chapter 169 of

title 10, United States Code).

(6) The term ‘‘joint activity’’ means an activity conducted on

or for the benefit of the Base by the Department, jointly with the

Community, the State, or any private entity, or any combination

thereof.

(7) The term ‘‘Project Fund’’ means the Base Efficiency

Project Fund established by subsection (h).

(8) The term ‘‘public services’’ means public services (except

public schools, fire protection, and police protection) that are

funded by local and State taxes and provided without specific

charge to the public at large.

(9) The term ‘‘Secretary’’ means the Secretary of the Air

Force or the Secretary’s designee, who shall be a civilian official

of the Department appointed by the President with the advice

and consent of the Senate.

(10) The term ‘‘State’’ means the State of Texas.

(n) This section becomes effective immediately upon enactment

of this Act.

SEC. 137. Of the funds made available in the Military Construction Appropriations Act, 1999 (Public Law 105–237) under the

heading ‘‘Military Construction, Defense-Wide’’ for planning and design, not less than $1,000,000 shall be available for the design of

an elementary school for the Central Kitsap School District to meet

the educational needs of military dependents at the Naval Submarine Base, Bangor, Washington: Provided, That this section becomes effective immediately upon enactment of this Act.

SEC. 138. The total amount of appropriated funds that may be

expended for the military construction project at the Military AcadVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00014 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.007 pfrm03 PsN: HR710
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emy at West Point, New York, to construct and renovate the Cadet

Physical Development Center shall not exceed $77,500,000, regardless of the fiscal year for which the funds were or are appropriated:

Provided, That this section becomes effective immediately upon enactment of this Act.

SEC. 139. (a) Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on construction, security and

operation of Forward Operating Locations (FOL) in Manta, Ecuador, Aruba, Curacao, and El Salvador.

(b) The report required by subsection (a) shall address the following: (1) a schedule for making each Forward Operating Location

(FOL) fully operational, including cost estimates, time line of contracting and construction with completion dates, a description of the

potential capabilities for each proposed location and an explanation

of how the FOL architecture fits into the overall counter-drug strategy; (2) a plan that identifies the operating requirements at FOL for

the United States Coast Guard, United States Customs Service,

Drug Enforcement Administration, Intelligence community and the

Department of Defense and how these requirements will be addressed; (3) a security plan to ensure that FOL facilities and personnel working at these sites are safeguarded from outside threats;

and (4) a safety plan to ensure operations conducted at FOLs are

in accordance with standard operating procedures.

This division may be cited as the ‘‘Military Construction Appropriations Act, 2001’’.

DIVISION B

FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS

The following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September 30, 2000, and for other purposes, namely:

TITLE I—KOSOVO AND OTHER NATIONAL SECURITY

MATTERS

CHAPTER 1

DEPARTMENT OF DEFENSE—MILITARY

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,

Army’’, $23,883,000: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended.

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,

Navy’’, $20,565,000: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

16

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 available for such purposes: Provided further, That the Secretary of Defense may transfer funds to any agency or office of the

United States Government in order to implement the projects for

which funds are provided under this heading 30 days after the Director of the Office of Management and Budget notifies the House

and Senate Committees on Appropriations of each proposed transfer: Provided further, That each notification transmitted to the Committees shall identify the specific amount, recipient agency and purpose for which such transfer is proposed: Provided further, That appropriations made available under this heading may be transferred

and obligated for the following purposes: a study of the health of

Vieques residents; fire-fighting related equipment and facilities at

Antonio Rivera Rodriguez Airport; construction or refurbishment of

a commercial ferry pier and terminal and associated navigational

improvements; establishment and construction of an artificial reef;

reef conservation, restoration, and management activities; payments

to registered Vieques commercial fishermen of an amount determined by the National Marine Fisheries Service for each day they

are unable to use existing waters because the Navy is conducting

training; expansion and improvement of major cross-island roadways and bridges; an apprenticeship/training program for young

adults; preservation and protection of natural resources; an economic development office and economic development activities; and

conducting a referendum among the residents of Vieques regarding

further use of the island for military training programs: Provided

further, That for purposes of providing assistance to Vieques, any

agency or office of the United States Government to which these

17

funds are transferred may utilize, in addition to any authorities

available in this paragraph, any authorities available to that agency or office for carrying out related activities, including utilization

of such funds for administrative expenses: Provided further, That

any amounts transferred to the Department of Housing and Urban

Development, ‘‘Community development block grants’’, shall be

available only for assistance to Vieques, notwithstanding section

106 of the Housing and Community Development Act of 1974: Provided further, That the Department of Commerce may make direct

payments to registered Vieques commercial fishermen: Provided further, That the Department of the Navy may provide fire-fighting

training and funds provided in this paragraph may be used to provide fire-fighting related facilities at the Antonio Rivera Rodriguez

Airport: Provided further, That funds made available under this

heading may be transferred to the Army Corps of Engineers to construct or modify a commercial ferry pier and terminal and associated navigational improvements: Provided further, That except for

amounts provided for the health study, fire-fighting related equipment and facilities, and certain activities in furtherance of the preservation and protection of natural resources, funds provided in this

paragraph shall not become available until 30 days after the Secretary of the Navy has certified to the congressional defense committees that the integrity and accessibility of the training range is uninterrupted, and trespassing and other intrusions on the range have

ceased: Provided further, That the Secretary of the Navy shall recertify to the congressional defense committees the status of the range

90 days after the initial certification, and each 90 days thereafter:

Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Army Reserve’’, $2,174,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended.

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,

Army National Guard’’, $2,851,000: Provided, That the entire

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for the ‘‘Overseas Contingency Operations Transfer Fund’’, $2,050,400,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

18

as amended: Provided further, That the Secretary of Defense may

transfer the funds provided herein only to appropriations for military personnel; operation and maintenance, including Overseas Humanitarian, Disaster, and Civic Aid; procurement; research, development, test and evaluation; the Defense Health Program; and

working capital funds: Provided further, That the funds transferred

shall be merged with and shall be available for the same purposes

and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided in

this paragraph is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon a

determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such

amounts may be transferred back to this appropriation.

PROCUREMENT

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air

Force’’, $73,000,000, to remain available for obligation until September 30, 2001: Provided, That the entire amount is designated by

the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test and

Evaluation, Army’’, $5,700,000, to remain available for obligation

until September 30, 2001, only for continued test activities under

the Tactical High Energy Laser (THEL) program.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’,

$3,533,000: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 101. (a) MINIMUM RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS OF THE UNIFORMED SERVICES.—During the period beginning on January 1, 2000, and ending on September 30,

2001 (or such earlier date as the Secretary of Defense considers appropriate), a member of the uniformed services entitled to a basic

allowance for housing for a military housing area in the United

States shall be paid the allowance at a monthly rate not less than

the rate in effect on December 31, 1999, in that area for members

serving in the same pay grade and with the same dependency status

as the member.

19

(b) ANNUAL LIMITATION ON ALLOWANCE.—In light of the rates

for the basic allowance for housing authorized by subsection (a), the

Secretary of Defense may exceed the limitation on the total amount

paid during fiscal year 2000 and 2001 for the basic allowance for

housing in the United States otherwise applicable under section

403(b)(3) of title 37, United States Code.

(c) SENSE OF THE CONGRESS REGARDING MILITARY FAMILIES

ON FOOD STAMPS.—It is the sense of the Congress that members of

the Armed Forces and their dependents should not have to rely on

the food stamp program, and the President and the Congress should

take action to ensure that the income level of members of the Armed

Forces is sufficient so that no member meets the income standards

of eligibility in effect under the food stamp program.

(INCLUDING TRANSFER OF FUNDS)

SEC. 102. In addition to amounts appropriated or otherwise

made available elsewhere in this Act for the Department of Defense

or in the Department of Defense Appropriations Act, 2000 (Public

Law 106–79), $1,556,200,000 is hereby appropriated to the Department of Defense for the ‘‘Defense-Wide Working Capital Fund’’ and

shall remain available until expended, for price increases resulting

from worldwide increases in the price of petroleum: Provided, That

the Secretary of Defense shall transfer $1,556,200,000 in excess collections from the ‘‘Defense-Wide Working Capital Fund’’ not later

than September 30, 2001 to the operation and maintenance; research, development, test and evaluation; and working capital

funds: Provided further, That the transfer authority provided in this

section is in addition to the transfer authority provided to the Department of Defense in this Act or any other Act: Provided further,

That the entire amount made available in this section is designated

by the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended.

SEC. 103. In addition to the amounts provided elsewhere in this

Act or in the Department of Defense Appropriations Act, 2000 (Public Law 106–79), $90,000,000 is hereby appropriated for ‘‘Aircraft

Procurement, Air Force’’, only for F–15 aircraft or associated components, systems, or subsystems.

SEC. 104. In addition to the amounts provided elsewhere in this

Act or in the Department of Defense Appropriations Act, 2000 (Public Law 106–79), $163,700,000 is hereby appropriated for ‘‘Procurement of Weapons and Tracked Combat Vehicles, Army’’, only for

procurement, advance procurement, or economic order quantity procurement of Abrams M1A2 SEP Upgrades under multiyear contract

authority provided under section 8008 of the Department of Defense

Appropriations Act, 2000: Provided, That none of the funds under

this section shall be obligated until the Secretary of the Army certifies to the congressional defense committees that these funds will

be used to upgrade vehicles for an average unit cost (for 307 vehicles) that does not exceed $5,900,000.

SEC. 105. In addition to the amounts provided in the Department of Defense Appropriations Act, 2000 (Public Law 106–79),

$615,600,000 is hereby appropriated for ‘‘Defense Health Program’’,

to remain available for obligation until September 30, 2001: Provided, That such funds shall be available only for the purposes deVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.010 pfrm03 PsN: HR710
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scribed and in accordance with section 106 of this chapter: Provided

further, That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

SEC. 106. (a) Of the amounts provided in section 105 of this

chapter for ‘‘Defense Health Program’’— (1) not to exceed $90,300,000 shall be available for obligations and adjustments to obligations required to cover unanticipated increases in TRICARE contract costs that (but for insufficient funds) would have been properly chargeable to the Defense

Health Program account for fiscal year 1998 or fiscal year

1999; and

(2) not to exceed $525,300,000 shall be available for obligations and adjustments to obligations required to cover unanticipated increases in TRICARE contract costs that are properly

chargeable to the Defense Health Program account for fiscal

year 2000 or fiscal year 2001.

(b) The Secretary of Defense shall notify the congressional defense committees before charging an obligation or an adjustment to

obligations under this section.

(c) The Secretary of Defense shall submit to the congressional

defense committees a report on obligations made under this section

no later than 30 days after the end of fiscal year 2000.

SEC. 107. In addition to the amounts provided in the Department of Defense Appropriations Act, 2000 (Public Law 106–79),

$695,900,000 is hereby appropriated for ‘‘Defense Health Program’’,

to remain available for obligation until September 30, 2002: Provided, That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

SEC. 108. In addition to the amounts appropriated or otherwise

made available in this Act or in the Department of Defense Appropriations Act, 2000 (Public Law 106–79), $27,000,000 is hereby appropriated to the Department of Defense and is available only for

the Basic Allowance for Housing Program: Provided, That the entire

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

SEC. 109. (a) MILITARY RECRUITING, ADVERTISING, AND RETENTION PROGRAMS.—In addition to amounts appropriated or otherwise

made available for the Department 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

21

‘‘National Guard Personnel, Army’’, $36,826,000.

For operation and maintenance accounts, $153,062,000, as

follows:

‘‘Operation and Maintenance, Army’’, $38,110,000;

‘‘Operation and Maintenance, Navy’’, $29,222,000;

‘‘Operation and Maintenance, Marine Corps’’,

$8,100,000;

‘‘Operation and Maintenance, Air Force’’, $29,040,000;

‘‘Operation and Maintenance, Army Reserve’’,

$18,890,000;

‘‘Operation and Maintenance, Navy Reserve’’,

$6,700,000;

‘‘Operation and Maintenance, Marine Corps Reserve’’,

$2,000,000;

‘‘Operation and Maintenance, Air Force Reserve’’,

$4,000,000;

‘‘Operation and Maintenance, Army National Guard’’,

$12,000,000; and

‘‘Operation and Maintenance, Air National Guard’’,

$5,000,000.

(b) EMERGENCY DESIGNATION.—The entire amount made available in this section is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

SEC. 110. (a) DEPOT-LEVEL MAINTENANCE AND REPAIR.—In addition to amounts appropriated or otherwise made available for the

Department of Defense elsewhere in this Act or in the Department

of Defense Appropriations Act, 2000 (Public Law 106–79),

$220,000,000 is hereby appropriated for ‘‘Operation and Maintenance, Navy’’, to remain available for obligation until September 30,

2001, only for ship depot maintenance.

(b) EMERGENCY DESIGNATION.—The entire amount made available in this section is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

SEC. 111. (a) HIGH PRIORITY SUPPORT TO DEPLOYED FORCES.—

In addition to amounts appropriated or otherwise made available

elsewhere in this Act for the Department of Defense or in the Department of Defense Appropriations Act, 2000 (Public Law 106–79),

there is hereby appropriated to the Department of Defense, to support deployed United States forces, $503,900,000, as follows:

(1) For operation and maintenance accounts, to remain

available for obligation until September 30, 2001, $96,000,000

as follows:

‘‘Operation and Maintenance, Navy’’, $20,000,000;

‘‘Operation and Maintenance, Air Force’’, $41,900,000;

‘‘Operation and Maintenance, Defense-Wide’’,

$10,000,000; and

‘‘Operation and Maintenance, Air National Guard’’,

$24,100,000.

(2) For procurement accounts, to remain available for obligation until September 30, 2003, $344,900,000, as follows:

‘‘Aircraft Procurement, Army’’, $25,000,000 (for Apache

helicopter safety and reliability modifications);

22

‘‘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, DefenseWide’’, $58,000,000.

(b) EMERGENCY DESIGNATION.—The entire amount made available in this section is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

SEC. 112. To ensure the availability of biometrics technologies

in the Department of Defense, the Secretary of the Army shall be the

Executive Agent to lead, consolidate, and coordinate all biometrics

information assurance programs of the Department of Defense: Provided, That there is hereby appropriated for fiscal year 2000, in addition to other amounts appropriated for such fiscal year by other

provisions of this Act, $5,000,000 for Operation and Maintenance,

Army, for carrying out the biometrics assurance programs and for

continuing the biometrics information assurance programs of the Information System Security Program: Provided further, That there is

hereby appropriated for fiscal year 2000, in addition to other

amounts appropriated for such fiscal year by other provisions of this

Act, $1,000,000 for Operation and Maintenance, Navy, and

$1,000,000 for Operation and Maintenance, Air Force, for carrying

out the biometrics assurance programs with the Army, as Executive

Agent, to lead, consolidate, and coordinate such programs.

SEC. 113. In addition to amounts appropriated or otherwise

made available for the Department of Defense elsewhere in this Act

or in the Department of Defense Appropriations Act, 2000 (Public

Law 106–79), $125,000,000 is hereby appropriated to the Department of Defense to remain available until September 30, 2002, to be

available only for the Patriot missile program: Provided, That not

later than 30 days after the enactment of this Act the Department

shall submit a revised Patriot missile program plan to the congressional defense committees: Provided further, That the entire amount

made available in this section is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

SEC. 114. In addition to amounts provided elsewhere in this Act

for the Department of Defense, $300,000 is hereby appropriated to

be available only for Operation Walking Shield for technical assistance and transportation of excess housing to Indian tribes located

23

in the States of North Dakota, South Dakota, Montana and Minnesota, in accordance with section 8155 of Public Law 106–79.

SEC. 115. In addition to amounts appropriated or otherwise

made available for the Department of Defense elsewhere in this Act

or in the Department of Defense Appropriations Act, 2000 (Public

Law 106–79), there is hereby appropriated to the Department of Defense, for the cost of peacekeeping and humanitarian assistance operations in East Timor and Mozambique, $61,500,000, to be distributed as follows:

‘‘Operation and Maintenance, Navy’’, $6,400,000;

‘‘Operation and Maintenance, Marine Corps’’, $8,100,000;

and

‘‘Operation and Maintenance, Air Force’’, $47,000,000:

Provided, That the entire amount is designated by the Congress as

an emergency requirement pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

(TRANSFER OF FUNDS)

SEC. 116. (a) TRANSFER OF FUNDS.—Notwithstanding any other

provision of law, of the funds appropriated by title II of the Department of Defense Appropriations Act, 2000 (Public Law 106–79)

under the heading ‘‘Operation and Maintenance, Defense-Wide’’,

$9,642,000 shall be transferred to the Macalloy Special Account administered by the Administrator of the Environmental Protection

Agency to pay for response actions by, or on behalf of, the Environmental Protection Agency under the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601

et seq.) at the Macalloy site in Charleston, South Carolina.

(b) TREATMENT OF FUNDS.—Any of the funds transferred pursuant to subsection (a) that are used to pay for response actions at the

Macalloy site shall be credited against any liability of the United

States with respect to the site under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

SEC. 117. Notwithstanding any other provision of law, there is

appropriated to the Department of Defense $8,000,000 for communications, communications infrastructure, logistical support, resources and operational assistance required by the Salt Lake Organizing Committee to stage the 2002 Olympic and Paralympic Winter

Games, such sums to remain available until expended.

SEC. 118. The Ballistic Missile Defense Organization and its

subordinate offices and associated contractors, including the Lead

Systems Integrator, shall notify the congressional defense committees 15 days prior to issuing any type of information or proposal solicitation under the NMD Program with a potential annual contract

value greater than $5,000,000 or a total contract value greater than

$30,000,000.

SEC. 119. (a) REQUIREMENT FOR SALE OF NAVY DRYDOCK NO.

9.—Notwithstanding any other provision of law, the Secretary of the

Navy shall sell Navy Drydock No. 9 (AFDM–3), located in Mobile,

Alabama, to the Bender Shipbuilding and Repair Company, Inc.,

which is the current lessee of the drydock from the Navy.

(b) CONSIDERATION.—As consideration for the sale of the drydock under subsection (a), the Secretary shall receive an amount

24

equal to the fair market value of the drydock at the time of the sale,

as determined by the Secretary.

SEC. 120. Subsection (b) of section 509 of title 32, United States

Code, is amended by striking ‘‘Federal’’ and inserting ‘‘Department

of Defense’’.

SEC. 121. USE OF DEPARTMENT OF DEFENSE FACILITIES AS

POLLING PLACES. (a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of Defense shall not prohibit the designation or use of any Department of Defense facility, currently designated by a State or local election official, or used since January

1, 1996, as an official polling place in connection with a local,

State, or Federal election, as such official polling place.

(b) EFFECTIVE DATE.—The prohibition under subsection (a)

shall apply to any election occurring on or after the date of the enactment of this section and before December 31, 2000.

SEC. 122. Section 8114 of the Department of Defense Appropriations Act, 1999 (Public Law 105–262; 112 Stat. 2326), is amended—

(1) in the matter preceding the first proviso, by striking ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’; and

(2) in the second proviso, by inserting after ‘‘property damages’’ the following: ‘‘, and for other claims under applicable

Status-of-Forces Agreements,’’.

(RESCISSIONS)

SEC. 123. Of the funds provided in Department of Defense Appropriations Acts, the following funds are hereby rescinded as of the

date of the enactment of this Act, from the following accounts in the

specified amounts:

Under the heading ‘‘Shipbuilding and Conversion, Navy,

1989/1993’’:

DDG–51 destroyer program, $9,100,000;

T–AO fleet oiler program, $6,645,000;

T–AGOS surveillance ship program, $3,420,000;

Outfitting and post delivery, $1,293,000;

‘‘Research, Development, Test and Evaluation, Air

Force, 1999/2000’’, $7,000,000;

‘‘Military Personnel, Army, 2000’’, $98,700,000;

‘‘Military Personnel, Navy, 2000’’, $49,127,000;

‘‘Military Personnel, Air Force, 2000’’, $82,000,000;

‘‘Reserve Personnel, Air Force, 2000’’, $4,500,000; and

‘‘National Guard Personnel, Army, 2000’’, $24,826,000.

SEC. 124. Funds appropriated by this Act, or made available by

the transfer of funds in this Act, for intelligence activities are

deemed to be specifically authorized by the Congress for purposes of

section 504 of the National Security Act of 1947 (50 U.S.C. 414).

SEC. 125. The following provisions of law are repealed: sections

8175 and 8176 of the Department of Defense Appropriations Act,

2000 (Public Law 106–79), as amended by sections 214 and 215, respectively, of H.R. 3425 of the 106th Congress (113 Stat. 1501A–

297), as enacted into law by section 1000(a)(5) of Public Law 106–

113.

SEC. 126. Any amount appropriated in this chapter that is designated by the Congress as an emergency requirement pursuant to

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, shall not be available for obligaVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00024 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.013 pfrm03 PsN: HR710
25

tion unless all such amounts are designated by the President, upon

enactment of this Act, as emergency requirements pursuant to such

section.

CHAPTER 2

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

GENERAL INVESTIGATIONS

For an additional amount for ‘‘General Investigations’’,

$3,500,000, to remain available until expended, of which $1,500,000

shall be for a feasibility study and report of a project to provide

flood damage reduction for the town of Princeville, North Carolina,

and of which $2,000,000 shall be for preconstruction engineering

and design of an emergency outlet from Devils Lake, North Dakota,

to the Sheyenne River: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended.

CONSTRUCTION, GENERAL

For an additional amount for ‘‘Construction, General’’,

$3,000,000, to remain available until expended, for the Johnson

Creek, Arlington, Texas, project authorized by section 101(b)(14) of

Public Law 106–53: Provided, That the entire amount shall be

available only to the extent an official budget request for $3,000,000,

that includes designation of the entire amount of the request as an

emergency requirement as defined in the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended, is transmitted

by the President to the Congress: Provided further, That the entire

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

OPERATION AND MAINTENANCE, GENERAL

For an additional amount for ‘‘Operation and Maintenance,

General’’, $200,000, to remain available until expended, for dredging of the authorized navigation project at Saxon Harbor, Wisconsin: Provided, That the entire amount shall be available only to

the extent an official budget request for $200,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

26

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For an additional amount for ‘‘Water and Related Resources’’, $600,000, to remain available until expended, to carry out the provisions of the Lewis and Clark Rural Water System Act of 2000: Provided, That the entire amount shall be available only to the extent

an official budget request for $600,000, that includes designation of

the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress:

Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

WEAPONS ACTIVITIES

For an additional amount for ‘‘Weapons activities’’, $96,500,000, to remain available until expended: Provided, That the

entire amount shall be available only to the extent an official budget

request for $96,500,000, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress: Provided

further, That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

OTHER DEFENSE ACTIVITIES

For an additional amount for ‘‘Other defense activities’’, $38,000,000, to remain available until expended: Provided, That the

entire amount shall be available only to the extent an official budget

request for $38,000,000, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress: Provided

further, That the Department is authorized to initiate design of the

Highly Enriched Uranium Blend Down Project.

ENERGY PROGRAMS

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

For an additional amount for ‘‘Uranium enrichment decontamination and decommissioning fund’’, $58,000,000, to be derived

from the Fund, to remain available until expended: Provided, That

the entire amount shall be available only to the extent an official

budget request for $58,000,000, that includes designation of the enVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00026 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.014 pfrm03 PsN: HR710
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tire amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress

as an emergency requirement pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 201. Funds appropriated in this or any other Act and

hereafter may not be used to pay on behalf of the United States or

a contractor or subcontractor of the United States for posting a

bond or fulfilling any other financial responsibility requirement relating to closure or post-closure care and monitoring of the Waste

Isolation Pilot Plant. The State of New Mexico or any other entity

may not enforce against the United States or a contractor or subcontractor of the United States, in this or any subsequent fiscal year,

a requirement to post bond or any other financial responsibility requirement relating to closure or post-closure care and monitoring of

the Waste Isolation Pilot Plant. Any financial responsibility requirement in a permit or license for the Waste Isolation Pilot Plant on

the date of the enactment of this section may not be enforced against

the United States or its contractors or subcontractors at the Plant.

SEC. 202. Notwithstanding any other provision of law, no funds

provided in this or any other Act may be used to further reallocate

Central Arizona Project water or to prepare an Environmental Assessment, Environmental Impact Statement, or Record of Decision

providing for a reallocation of Central Arizona Project water until

further Act of Congress authorizing and directing the Secretary of

the Interior to make allocations and enter into contracts for delivery

of Central Arizona Project water.

SEC. 203. Of the funds provided in Public Laws 106–60 and

105–245 and prior Energy and Water Development Appropriations

Acts for the Department of Energy under the heading ‘‘Science’’,

$1,000,000 shall be made available for the design, planning and

construction of the interdisciplinary science facility at the University

of Alabama at Tuscaloosa.

SEC. 204. Of the funds provided in Public Law 106–60 and

prior Energy and Water Development Appropriations Acts for the

Department of Energy under the heading ‘‘Energy Supply’’,

$1,000,000 shall be made available for the Nome diesel upgrade.

SEC. 205. Of the funds provided in Public Law 106–60 and

prior Energy and Water Development Appropriations Acts for the

Department of Energy under the heading ‘‘Weapons Activities’’,

$5,000,000 shall be made available to move the Atlas pulsed power

experimental facility to the Nevada Test Site.

SEC. 206. Of the funds provided in Public Law 106–60 and

prior Energy and Water Development Appropriations Acts for the

Department of Energy under the heading ‘‘Science’’, $2,500,000

shall be made available for the Natural Energy Laboratory of Hawaii.

SEC. 207. Of the funds provided in Public Law 106–60 for the

Department of Energy under the heading ‘‘Science’’, $1,000,000

shall be made available for the Burbank Hospital Regional Center

in Fitchburg, Massachusetts.

28

SEC. 208. Of the funds provided in Public Law 106–60 for the Department of Energy under the heading ‘‘Science’’, $1,000,000

shall be made available for the Center for Research on Aging at

Rush-Presbyterian-St. Luke’s Medical Center in Chicago, Illinois.

SEC. 209. Of the funds provided in Public Law 106–60 for the Department of Energy under the heading ‘‘Science’’, $1,000,000

shall be made available for the North Shore-Long Island Jewish

Health System.

SEC. 210. Of the funds provided in Public Law 106–60 for the

Department of Energy under the heading ‘‘Energy Supply’’,

$1,000,000 shall be made available for the Materials Science Center

in Tempe, Arizona.

SEC. 211. No funds appropriated to the Nuclear Regulatory

Commission for fiscal years 2000 and 2001 may be used to relocate,

or to plan or prepare for the relocation of, the functions or personnel

of the Technical Training Center from its location at Chattanooga,

Tennessee.

CHAPTER 3

MILITARY CONSTRUCTION

GENERAL PROVISIONS—THIS CHAPTER

SEC. 301. In addition to amounts appropriated or otherwise

made available in the Military Construction Appropriations Act,

2000, the following amounts are hereby appropriated as authorized

by section 2854 of title 10, United States Code, as follows: ‘‘Military Construction, Army Reserve’’, $12,348,000;

‘‘Family Housing, Army’’, $2,000,000;

‘‘Family Housing, Navy and Marine Corps’’, $3,000,000;

and

‘‘Family Housing, Air Force’’, $1,700,000:

Provided, That the funds in this section remain available until September 30, 2004: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended: Provided further, That the entire

amount shall be available only to the extent that an official budget

request for $19,048,000, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress.

SEC. 302. Notwithstanding any other provision of law, in addition to amounts appropriated or otherwise made available in the

Military Construction Appropriations Act, 2000, $1,000,000 is hereby appropriated to the ‘‘Military Construction, Defense-Wide’’ account, to remain available until September 30, 2004: Provided, That

such amount shall be available for study, planning, design, architect and engineer services, as authorized by law: Provided further,

That such amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended: Provided

further, That the entire amount shall be available only to the extent

an official budget request for $1,000,000 that includes designation

of the entire amount of the request as an emergency requirement as

29

defined in the Balanced Budget and Emergency Deficit Control Act

of 1985, as amended, is transmitted by the President to the Congress.

(INCLUDING RESCISSION)

SEC. 303. (a) In addition to the amounts provided in Public

Law 106–52, $35,000,000 is appropriated under the heading ‘‘Military Construction, Navy’’ to remain available until September 30,

2004: Provided, That such funds are authorized and shall be available for the acquisition of land at Blount Island, Florida.

(b) Of the funds provided in the Military Construction Appropriations Act, 1996 (Public Law 104–32), $35,000,000 is hereby rescinded as of the date of the enactment of this Act.

CHAPTER 4

DEPARTMENT OF TRANSPORTATION

COAST GUARD

OPERATING EXPENSES

For an additional amount for ‘‘Operating expenses’’,

$77,000,000, to remain available until September 30, 2001; of which

$5,000,000 shall be available for military basic pay; $18,000,000

shall be available for costs related to the delivery of health care to

Coast Guard personnel, retirees, and their dependents; $15,000,000

shall be available for basic allowance for housing; $2,000,000 shall

be available for the military housing areas cost of living adjustment; $15,000,000 shall be available for recruiting and retention bonuses; $1,000,000 shall be available for fixed wing aviator retention

bonuses; $8,000,000 shall be available for the clean up and repair

of shore facilities from hurricane damage; and, $13,000,000 shall be

available for operational fuel and unit level operational readiness:

Provided, That the entire amount is designated by the Congress as

an emergency requirement pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount provided shall

be available only to the extent an official budget request for

$77,000,000, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for ‘‘Acquisition, construction, and

improvements’’, $578,000,000, to remain available until expended;

of which $110,000,000 shall be available for the Great Lakes Icebreaker replacement; and of which $468,000,000 shall be available

for acquisition and conversion of six C–130J maritime patrol aircraft, as authorized under section 812(b)(1)(G) of the Western Hemisphere Drug Elimination Act: Provided, That the procurement of

maritime patrol aircraft funded under this heading shall not, in

any way, influence the procurement strategy, program requirements,

or down-select decision pertaining to the Coast Guard’s Deepwater

Capability Replacement Project: Provided further, That the entire

30

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

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 reVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.017 pfrm03 PsN: HR710
31

quirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of such Act.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$77,560,000, to remain available until expended: Provided, That the

entire amount shall be available only to the extent an official budget

request for $77,560,000, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress: Provided

further, That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of such Act.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

For additional gross obligations for the principal amount of direct loans as authorized by title V of the Housing Act of 1949 for

section 515 rental housing to be available from funds in the rural

housing insurance fund to meet needs resulting from Hurricane

Dennis, Floyd, or Irene, $40,000,000.

For the additional cost of direct loans for section 515 rental

housing, including the cost of modifying loans, as defined in section

502 of the Congressional Budget Act of 1974, to remain available

until expended, $15,872,000: Provided, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

RENTAL ASSISTANCE PROGRAM

For an additional amount for rental assistance agreements entered into or renewed pursuant to section 521(a)(2) of the Housing

Act of 1949 for emergency needs resulting from Hurricane Dennis,

Floyd, or Irene, $13,600,000, to remain available until expended:

Provided, That the entire amount is designated by the Congress as

an emergency requirement pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2101. With respect to any 1999 crop year loan made by the

Commodity Credit Corporation to a cooperative marketing association established under the laws of North Carolina, and to any person or entity in North Carolina obtaining a 1999 crop upland cotton

marketing assistance loan, the Corporation shall reduce the amount

of such outstanding loan indebtedness in an amount up to 75 percent of the amount of the loan applicable to any collateral (in the

case of cooperative marketing associations of upland cotton proVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00031 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.018 pfrm03 PsN: HR710
32

ducers 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 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.

33

CHAPTER 2

DEPARTMENT OF JUSTICE

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For an additional amount for ‘‘Salaries and Expenses, United States Attorneys’’, $12,000,000, to remain available until expended,

to be divided equally between the States of Texas, New Mexico, Arizona, and California, to reimburse county and municipal governments only for Federal costs associated with the handling and processing of illegal immigration and drug and alien smuggling cases.

The use of these funds is limited to: court costs, courtroom technology, the building of holding spaces, administrative staff, and indigent defense costs: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That such amount shall

be available only to the extent that an official budget request for a

specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $181,000,000, to remain available until expended, which shall be

deposited in the Telecommunications Carrier Compliance Fund:

Provided, That, hereafter, in the discretion of the Attorney General,

any expenditures from the Fund to pay or reimburse pursuant to

sections 104(e) and 109(a) of Public Law 103–414, may be made directly to any parties specified in section 401(a) thereof, and may be

made either pursuant to the regulations promulgated under such

section 109, or pursuant to firm fixed-price agreements, upon provision of such information as the Attorney General may require: Provided further, That such amount shall be available only to the extent that an official budget request for a specific dollar amount, that

includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress: Provided further, That the entire amount

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For an additional amount for ‘‘Justice Assistance’’ for grants to

counties with populations of less than 150,000, and Indian reservations, in Arizona that are adjacent to the United States-Mexico border, $2,000,000: Provided, That such grants shall be allocated in

proportion to the population of each such county and Indian reservation: Provided further, That such amount is designated by the

34

Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985: Provided further, That such amount shall be available

only to the extent that an official budget request for a specific dollar

amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

DEPARTMENT OF COMMERCE

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For an additional amount for ‘‘Economic Development Assistance Programs’’, $55,800,000, to remain 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, is

transmitted by the President to the Congress.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ‘‘Operations, Research and Facilities’’, $30,700,000, to remain available until expended, to provide

disaster assistance pursuant to section 312(a) of the Magnuson-Stevens Fishery Conservation Management Act, including compensation to fishermen for losses and equipment damage, resulting from

Hurricane Floyd and other recent hurricanes and fishery disasters

in the Long Island Sound lobster fishery and the west coast groundfish fishery, and for the repair of the National Oceanic and Atmospheric Administration hurricane reconnaissance aircraft: Provided,

That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended:

Provided further, That of such amount, $13,300,000 shall be available only to the extent that an official budget request for a specific

dollar amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

35

DEPARTMENT OF STATE

INTERNATIONAL COMMISSIONS

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for the International Joint Commission, as authorized by treaties between the

United States and Canada or Great Britain, $2,150,000, to remain

available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended: Provided further, That the entire

amount shall be available only to the extent that an official budget

request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

OTHER

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS

FREEDOM

For necessary expenses for the United States Commission on

International Religious Freedom, as authorized by title II of the

International Religious Freedom Act of 1998 (Public Law 105–292),

$2,000,000, to remain available until expended: Provided, That the

entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended: Provided

further, That the entire amount shall be available only to the extent

that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended, is transmitted by the President to the Congress.

RELATED AGENCY

SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

For an additional amount for the cost of direct loans,

$15,500,000, to remain available until expended to subsidize additional gross obligations for the principal amount of direct loans:

Provided, That such costs, including the cost of modifying such

loans, shall be as defined in section 502 of the Congressional Budget Act of 1974; and for direct administrative expenses to carry out

the disaster loan program, an additional $25,400,000, to remain

available until expended, which may be transferred to and merged

with appropriations for ‘‘Salaries and Expenses’’: Provided further,

That no funds shall be transferred to and merged with appropriations for ‘‘Salaries and Expenses’’ for indirect administrative expenses: Provided further, That the entire amount is designated by

the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That the entire amount

36

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, Re- search, and Facilities’’, $10,000,000 to provide emergency disaster

assistance for the commercial fishery failure determined under section 308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16

U.S.C. 4107(b)(1)) with respect to the Northeast multispecies fishery,

which shall be used to support a voluntary fishing capacity reduction program in the Northeast multispecies fishery that permanently

revokes multispecies, limited access fishing permits so as to obtain

the maximum sustained reduction in fishing capacity at the least

cost and in the minimum period of time and to prevent the replacement of fishing capacity removed by the program: Provided, That

the entire amount made available in this section is designated by

Congress as an emergency requirement under section 251(b)(2)(A) of

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent an official budget request for $10,000,000,

that includes designation of the entire amount of the request as an

emergency requirement as defined in the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended, is transmitted

by the President to the Congress.

SEC. 2203. For an additional amount for the account entitled

‘‘Operations, Research, and Facilities’’, to remain available until expended, $7,000,000, of which $2,000,000 shall be for studies relating to long-line interactions with sea turtles in the North Pacific

and commercial fishing activities in the Northwest Hawaiian Islands, and of which $5,000,000 shall be for observer coverage for

the Hawaiian long-line fishery: Provided, That the entire amount in

37

this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an

official budget request for $7,000,000, that includes designation of

the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

SEC. 2204. NORTH PACIFIC MARINE RESEARCH INSTITUTE.— Public Law 101–380, as amended, is further amended by—

(a) inserting after section 5007 the following new section:

‘‘SEC. 5008. NORTH PACIFIC MARINE RESEARCH INSTITUTE.

‘‘(a) INSTITUTE ESTABLISHED.—The Secretary of Commerce

shall establish a North Pacific Marine Research Institute (hereafter

in this section referred to as the ‘Institute’) to be administered at the

Alaska SeaLife Center by the North Pacific Research Board.

‘‘(b) FUNCTIONS.—The Institute shall—

‘‘(1) conduct research and carry out education and demonstration projects on or relating to the North Pacific marine

ecosystem with particular emphasis on marine mammal, sea

bird, fish, and shellfish populations in the Bering Sea and Gulf

of Alaska including populations located in or near Kenai Fjords

National Park and the Alaska Maritime National Wildlife Refuge; and

‘‘(2) lease, maintain, operate, and upgrade the necessary research equipment and related facilities necessary to conduct

such research at the Alaska SeaLife Center.

‘‘(c) EVALUATION AND AUDIT.—The Secretary of Commerce may

periodically evaluate the activities of the Institute to ensure that

funds received by the Institute are used in a manner consistent with

this section. The Comptroller General of the United States, and any

of his or her duly authorized representatives, shall have access, for

purposes of audit and examination, to any books, documents, papers, and records of the Institute that are pertinent to the funds received and expended by the Institute.

‘‘(d) STATUS OF EMPLOYEES.—Employees of the Institute shall

not, by reason of such employment, be considered to be employees

of the Federal Government for any purpose.

‘‘(e) USE OF FUNDS.—No funds made available to carry out this

section may be used to initiate litigation, or for the acquisition of

real property (other than facilities leased at the Alaska SeaLife Center). No more than 10 percent of the funds made available to carry

out subsection (b)(1) may be used to administer the Institute.

‘‘(f) AVAILABILITY OF RESEARCH.—The Institute shall publish

and make available to any person on request the results of all research, educational, and demonstration projects conducted by the

Institute. The Institute shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to

the National Park Service, the United States Fish and Wildlife

Service, and the National Oceanic and Atmospheric Administration.’’; and

(b) in section 5006 by inserting at the end the following new

subsection:

‘‘(c) SECTION 5008.—Amounts in the Fund shall be available,

without further appropriation and without fiscal year limitation, to

38

carry out section 5008(b), in an amount not to exceed $5,000,000:

Provided, That the entire amount is designated by the Congress as

an emergency requirement pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.’’.

CHAPTER 3

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

For an additional amount for ‘‘Wildland Fire Management’’,

$200,000,000, to remain available until expended, for emergency rehabilitation and wildfire suppression activities: Provided, That the

entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended: Provided

further, That $100,000,000 shall be available only to the extent that

an official budget request for a specific dollar amount, that includes

designation of the entire amount of the request as an emergency requirement as defined by such Act, is transmitted by the President

to the Congress.

LAND ACQUISITION

For an additional amount for ‘‘Land Acquisition’’, $2,000,000,

to remain available until expended, for acquisition of additional

lands known as the Douglas Tract on the Potomac River in the

State of Maryland, to be derived from the Land and Water Conservation Fund: Provided, That the entire amount is designated by

the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That $2,000,000 shall

be available only to the extent that an official budget request for a

specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined by

such Act, is transmitted by the President to the Congress.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For an additional amount for ‘‘Regulation and Technology’’,

$9,821,000, to remain available until expended for the regulatory

program of the State of West Virginia, of which $6,222,000, not subject to section 705(a) of the Surface Mining Control and Reclamation Act, shall be available for regulatory program enhancements

for the surface mining regulatory program of the State of West Virginia: Provided, That the balance of the funds shall be made available to the State to augment staffing and provide relative support

39

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.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2301. Notwithstanding any other provision of law, the Indian Health Service is authorized to improve municipal, private or

tribal lands with respect to the new construction of the clinic for the

community of King Cove, Alaska authorized under section 353 of

Public Law 105–277 (112 Stat. 2681–303).

SEC. 2302. From funds previously appropriated in Public Law

105–277 or other Interior and Related Agencies Appropriations Acts

under the heading ‘‘Department of Energy, Fossil Energy Research

and Development’’, the Secretary of Energy shall make available

within 30 days after enactment of this Act $750,000 for the purpose

of executing proposal No. FT40770.

40

SEC. 2303. (a) Using funds appropriated by section 501(d) of

the Emergency Supplemental Appropriations Act, 1999 (Public Law

106–31), the Secretary shall provide interim compensation within 60

days of the date of the enactment of this Act to—

(1) Dungeness fishing vessel crew members eligible for interim compensation under the existing National Park Service

program (64 Fed. Reg. 145);

(2) United States fish processors which have been negatively affected by restrictions on fishing for Dungeness crab in

Glacier Bay National Park and which previously received interim compensation; and

(3) Buy N Pack Seafoods, a United States fish processor located in Hoonah, Alaska and which has been severely and negatively impacted by restrictions on fishing in Glacier Bay National Park, for estimated 1999 and 2000 losses based on an average net income derived from processing product harvested

from Glacier Bay fisheries from 1995 through 1998.

Payments made to processors under paragraph (2) are intended to

compensate recipients for losses incurred in 2000 and shall not exceed compensation provided for losses incurred in 1999. The Park

Service shall not delay the scheduled public involvement process for

the Glacier Bay compensation plan.

(b) The amount of final compensation paid to any entity shall

be reduced by the total dollar amount of any interim compensation

payments received.

(c) Funds appropriated for the purpose of making payments authorized by section 123(b) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (section 101(e) of division

A of Public Law 105–277, as amended) shall also be available for

making payments authorized in subsection (c) of that section.

CHAPTER 4

DEPARTMENT OF LABOR

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The matter under this heading in the Departments of Labor,

Health and Human Services, and Education, and Related Agencies

Appropriations Act, 2000 (as enacted into law by section 1000(a)(4)

of Public Law 106–113) is amended by striking ‘‘including not to exceed $750,000 may be collected by the National Mine Health and

Safety Academy’’ and inserting ‘‘and, in addition, not to exceed

$750,000 may be collected by the National Mine Health and Safety

Academy’’.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For ‘‘Health Resources and Services’’ for special projects of regional and national significance under section 501(a)(2) of the Social Security Act, $20,000,000, which shall become available on October 1, 2000, and shall remain available until September 30, 2001:

41

Provided, That such amount shall not be counted toward compliance with the allocation required in section 502(a)(1) of such Act:

Provided further, That such amount shall be used only for making

competitive grants to provide abstinence education (as defined in

section 510(b)(2) of such Act) to adolescents and for evaluations (including longitudinal evaluations) of activities under the grants and

for Federal costs of administering the grant: Provided further, That

such grants shall be made only to public and private entities which

agree that, with respect to an adolescent to whom the entities provide abstinence education under such grant, the entities will not

provide to that adolescent any other education regarding sexual conduct, except that, in the case of an entity expressly required by law

to provide health information or services the adolescent shall not be

precluded from seeking health information or services from the entity in a different setting than the setting in which the abstinence

education was provided: Provided further, That the funds expended

for such evaluations may not exceed 2.5 percent of such amount.

For an additional amount for ‘‘Health Resources and Services’’,

$3,000,000 to remain available until September 30, 2001, for renovation and construction of a children’s psychiatric services facility

in Wading River, New York: Provided, That the entire amount is

hereby designated by the Congress to be an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,

That the entire amount provided shall be made available only after

submission to the Congress of a formal budget request by the President that includes designation of the entire amount of the request

as an emergency requirement as defined in the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Disease Control, Research, and

Training’’, $12,000,000 for international HIV/AIDS programs, to

remain available until September 30, 2001: Provided, That the entire amount is hereby designated by the Congress to be an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended:

Provided further, That the entire amount provided shall be made

available only after submission to the Congress of a formal budget

request by the President that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

For an additional amount for ‘‘Disease Control, Research, and

Training’’, $460,000, to be derived by transfer from the amount

made available for fiscal year 2000 for ‘‘Health Resources and Services Administration-Health Resources and Services’’ for construction

and renovation of health care and other facilities.

42

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For an additional amount for ‘‘Payments to States for Foster

Care and Adoption Assistance’’ for payments for fiscal year 2000,

$35,000,000.

LOW INCOME HOME ENERGY ASSISTANCE

For an additional amount for ‘‘Low Income Home Energy Assistance’’ for emergency assistance under section 2602(e) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8621(e)),

$600,000,000, to remain available until expended: Provided, That

the entire amount is hereby designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended:

Provided further, That this amount shall be available only to the

extent an official budget request for a specific dollar amount that

includes designations of the entire amount of the request as an

emergency requirement as defined in the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended, is transmitted

by the President to the Congress.

REFUGEE AND ENTRANT ASSISTANCE

Funds appropriated under this heading in the Departments of

Labor, Health and Human Services, and Education, and Related

Agencies Appropriations Act, 2000 (as enacted into law by section

1000(a)(4) of Public Law 106–113) for fiscal year 2000, pursuant to

section 414(a) of the Immigration and Nationality Act, shall be

available for the costs of assistance provided and other activities

through September 30, 2002.

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

The matter under this heading in the Departments of Labor,

Health and Human Services, and Education, and Related Agencies

Appropriations Act, 2000 (as enacted into law by section 1000(a)(4)

of Public Law 106–113) is amended by inserting after

‘‘$934,285,000’’ the following: ‘‘, of which $2,200,000 shall be for the

Anchorage, Alaska Senior Center, and shall remain available until

expended’’.

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

(RESCISSION)

Of the amounts appropriated under this heading in title II of

the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000 (as enacted

into law by section 1000(a)(4) of Public Law 106–113), $20,000,000

is rescinded: Provided, That the amount rescinded is from the

amount designated to become available on October 1, 2000, and to

remain available until September 30, 2001.

43

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING RESCISSION)

For an additional amount for ‘‘Public Health and Social Services Emergency Fund’’, $31,200,000, to remain available until expended for the National Pharmaceutical Stockpile: Provided, That

the entire amount is hereby designated by the Congress to be an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount provided shall

be made available only after submission to the Congress of a formal

budget request by the President that includes designation of the entire amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

In addition, $43,200,000 of the funds appropriated under this

heading in the Departments of Labor, Health and Human Services,

and Education, and Related Agencies Appropriations Act, 2000 (as

enacted into law by section 1000(a)(4) of Public Law 106–113) is

hereby rescinded: Provided, That of such rescission, $12,000,000

shall be derived from the amount specified under such heading for

international HIV/AIDS programs; and $31,200,000 shall be derived from the amount specified under such heading for activities

related to countering potential biological, disease and chemical

threats to civilian populations.

GENERAL PROVISION—DEPARTMENT OF HEALTH AND HUMAN

SERVICES

SEC. 2401. Section 206 of the Departments of Labor, Health

and Human Services, and Education, and Related Agencies Appropriations Act, 2000 (as enacted into law by section 1000(a)(4) of

Public Law 106–113) is amended by inserting before the period at

the end the following: ‘‘: Provided further, That this section shall

not apply to funds appropriated under the heading ‘Centers for Disease Control and Prevention—Disease Control, Research, and Training’, funds made available to the Centers for Disease Control and

Prevention under the heading ‘Public Health and Social Services

Emergency Fund’, or any other funds made available in this Act to

the Centers for Disease Control and Prevention’’.

DEPARTMENT OF EDUCATION

SPECIAL EDUCATION

The matter under this heading in the Department of Labor,

Health and Human Services, and Education, and Related Agencies

Appropriations Act, 2000 (as enacted into law by section 1000(a)(4)

of Public Law 106–113 is amended by inserting after the words

‘‘Salt Lake City Organizing Committee’’ the words ‘‘, or a governmental agency or not-for-profit organization designated by the Salt

Lake City Organizing Committee’’.

VOCATIONAL AND ADULT EDUCATION

The matter under this heading in the Departments of Labor,

Health and Human Services, and Education, and Related Agencies

44

Appropriations Act, 2000 (as enacted into law by section 1000(a)(4)

of Public Law 106–113) is amended by striking ‘‘$858,150,000’’ and

inserting ‘‘$882,650,000’’, and by striking the last proviso, and inserting ‘‘Provided further, That of the funds provided to become

available on July 1, 2000, $19,000,000 shall be for Youth Offender

Grants, of which $5,000,000 shall be used in accordance with section 601 of Public Law 102–73 as that section was in effect prior

to the enactment of Public Law 105–220.’’.

HIGHER EDUCATION

Funds appropriated under this heading in Public Law 105–78

to carry out title X–E of the Higher Education Act shall be available

for obligation by the states through September 30, 2000, and funds

appropriated under this heading in Public Law 105–277 to carry

out title VIII–D of the Higher Education Amendments of 1998 shall

be available for obligation by the states through September 30,

2001.

For an additional amount for ‘‘Higher Education’’ for carrying

out part B of title VII of the Higher Education Act of 1965,

$750,000, to remain available until expended, which shall be

awarded to the College of New Jersey, in Ewing, New Jersey, for

creation of a center for inquiry and design-based learning in mathematics, science and technology education: Provided, That the entire

amount is hereby designated by the Congress to be an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended: Provided

further, That the entire amount provided shall be made available

only after submission to the Congress of a formal budget request by

the President that includes designation of the entire amount of the

request as an emergency requirement as defined in 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) is amended—

(1) by striking ‘‘North Babylon Community Youth Services

for an educational program’’ and inserting ‘‘Town of Babylon

Youth Bureau for an educational program’’;

(2) by striking ‘‘to promote participation among youth in

the United States democratic process’’ and inserting ‘‘to expand

access to and improve advanced education’’;

(3) by striking ‘‘$500,000 shall be awarded to Shedd Aquarium/Brookfield Zoo for science education/exposure programs

for local elementary school students’’ and inserting ‘‘$500,000

shall be awarded to Shedd Aquarium/Brookfield Zoo for

science education programs for local school students’’;

(4) by striking ‘‘Oakland Unified School District in California for an African American Literacy and Culture Project’’

and inserting ‘‘California State University, Hayward, for an African-American Literacy and Culture Project carried out in

45

partnership with the Oakland Unified School District in California’’; and

(5) by striking ‘‘$900,000 shall be awarded to the Boston

Music Education Collaborative comprehensive interdisciplinary

music program and teacher resource center in Boston, Massachusetts’’ and inserting ‘‘$462,000 shall be awarded to the Boston Symphony Orchestra for the teacher resource center and

$370,000 shall be awarded to the Boston Music Education Collaborative for an interdisciplinary music program, in Boston,

Massachusetts’’.

For an additional amount for ‘‘Education Research, Statistics,

and Improvement’’ to carry out part A of title X of the Elementary

and Secondary Education Act of 1965, $368,000, to be derived by

transfer from the amount made available for fiscal year 2000 for

‘‘Health Resources and Services Administration—Health Resources

and Services’’ for construction and renovation of health care and

other facilities: Provided, That such amount shall be awarded to the

George Mason University Center for Services to Families and

Schools to expand a program for schools and families of children

suffering from attentional, cognitive, and behavioral disorders.

RELATED AGENCIES

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

For an additional amount for ‘‘Limitation on Administrative

Expenses’’, $35,000,000, to be available through September 30,

2001: Provided, That the entire amount is hereby designated by the

Congress to be an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That the entire amount

provided shall be made available only after submission to the Congress of a formal budget request by the President that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2402. Section 513 of the Departments of Labor, Health

and Human Services, and Education, and Related Agencies Appropriations Act, 2000 (as enacted into law by section 1000(a)(4) of

Public Law 106–113) is amended by inserting before the period at

the end the following: ‘‘: Provided further, That the provisions of

this section shall not apply to any funds appropriated to the Centers

for Disease Control and Prevention or to the Department of Education’’.

SEC. 2403. Section 403(a)(5) of the Social Security Act (42

U.S.C. 603(a)(5)), as amended by section 806(b) of the Departments

of Labor, Health and Human Services, and Education, and Related

Agencies Appropriations Act, 2000 (as enacted into law by section

1000(a)(4) of Public Law 106–113) is amended—

(1) in subparagraph (F), by striking ‘‘$1,500,000’’ and inserting ‘‘$15,000,000’’;

46

(2) in subparagraph (G), by striking ‘‘$900,000’’ and insert- ing ‘‘$9,000,000’’; and (3) in subparagraph (H), by striking ‘‘$300,000’’ and insert- ing ‘‘$3,000,000’’.

SEC. 2404. (a) The Workforce Investment Act of 1998 (20 U.S.C.

2841) is amended—

(1) in section 503—

(A) by striking ‘‘under Public Law 88–210 (as amended; 20 U.S.C. 2301 et seq.)’’ each place it appears and inserting ‘‘under Public Law 105–332 (20 U.S.C. 2301 et

seq.)’’; and

(B) by adding at the end the following:

‘‘(d) Notwithstanding any other provision of this section, for fiscal year 2000, the Secretary shall not consider the expected levels of

performance under Public Law 105–332 (20 U.S.C. 2301 et seq.)

and shall not award a grant under subsection (a) based on the levels of performance for that Act.’’.

(b) Section 111 (a)(1)(C) of the Carl D. Perkins Vocational and

Technical Education Act of 1998 (20 U.S.C. 2321) is amended by

striking ‘‘fiscal years 2000’’ and inserting ‘‘fiscal years 2001’’.

SEC. 2405. Of the funds made available in the Departments of

Labor, Health and Human Services, and Education, and Related

Agencies Appropriations Act, 2000 (as enacted into law by section

1000(a)(4) of Public Law 106–113) for section 10105 of part A of

title X of the Elementary and Secondary Education Act of 1965,

$2,250,000 of the amount appropriated shall be available October 1,

1999 for evaluation, technical assistance, and school networking activities, and up to 1 percent of the amount appropriated shall be

available October 1, 1999, for peer review of applications.

SEC. 2406. Section 508(f)(1) of the Rehabilitation Act of 1973

(29 U.S.C. 794d(f)(1)) is amended—

(1) in subparagraph (A), by striking ‘‘Effective’’ and all that

follows through ‘‘1998,’’ and inserting ‘‘Effective 6 months after

the date of publication by the Access Board of final standards

described in subsection (a)(2),’’; and

(2) in subparagraph (B), by striking ‘‘2 years’’ and all that

follows and inserting ‘‘6 months after the date of publication by

the Access Board of final standards described in subsection

(a)(2).’’.

SEC. 2407. For an additional amount for ‘‘Health Resources

and Services Administration, Health Resources and Services’’,

$3,500,000, for the Saint John’s Lutheran Hospital in Libby, Montana, for construction and renovation of health care and other facilities and an additional amount for the ‘‘Economic Development Administration’’, $8,000,000, only for a grant to the City of Libby,

Montana, such amount to be transferred to the City upon its request, notwithstanding the provisions of any other law and without

any local matching share or award conditions: Provided, That the

entire amounts in this section are designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amounts provided within this section shall be available only to the extent an official budget

request that includes designation of the entire amounts of the request as an emergency requirement as defined in the Balanced

47

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

CHAPTER 5

LEGISLATIVE BRANCH

ARCHITECT OF THE CAPITOL

CAPITOL BUILDINGS AND GROUNDS

FIRE SAFETY

For an additional amount for the Architect of the Capitol for

expenses for fire safety, $17,480,000, to remain available until expended, of which $7,039,000 shall be for ‘‘Capitol Buildings and

Grounds—Capitol Buildings—Salaries and Expenses’’; $2,314,000

shall be for ‘‘Senate Office Buildings’’; $4,213,000 shall be for

‘‘House Office Buildings’’; $3,000 shall be for ‘‘Capitol Power Plant’’;

$26,000 shall be for ‘‘Botanic Garden—Salaries and Expenses’’; and

$3,885,000 shall be for ‘‘Architect of the Capitol—Library Buildings

and Grounds—Structural and Mechanical Care’’: Provided, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2501. Section 127(e)(1) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999

(Public Law 105–277; 19 U.S.C. 2213 note) is amended by striking

‘‘12 months’’ and insert ‘‘15 months’’.

CHAPTER 6

DEPARTMENT OF TRANSPORTATION AND RELATED

AGENCIES

DEPARTMENT OF TRANSPORTATION

COAST GUARD

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for ‘‘Acquisition, construction, and

improvements’’, $45,000,000 shall be available until expended for

acquisition of one C–37A command and control aircraft: Provided,

That the Commandant of the Coast Guard shall sell the current

VC–11A command and control aircraft and credit the proceeds from

that sale as offsetting collections to the appropriation under this

heading: Provided further, That such proceeds may not be obligated

without further appropriation: Provided further, That of the available balances under this heading from previous appropriations Acts,

$11,400,000 are rescinded.

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FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

For an additional amount for ‘‘Operations’’, $75,000,000, to be

derived from the Airport and Airway Trust Fund and to be available until September 30, 2001: Provided, That the entire amount

under this heading is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended: Provided

further, That the entire amount shall be available only to the extent

that an official budget request for $75,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined by such Act, is transmitted by the President

to the Congress.

RELATED AGENCY

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and expenses’’,

$19,739,000, for emergency expenses associated with the investigation of the Egypt Air 990 and Alaska Air 261 accidents, to remain

available until expended: Provided, That such funds shall be available for wreckage location and recovery facilities, technical support,

testing, and wreckage mock-up: Provided further, That in the event

the Arab Republic of Egypt reimburses the National Transportation

Safety Board for wreckage location and recovery, family assistance,

and interagency expenses, the Secretary of the Treasury shall reduce

the appropriation under this heading by an amount equal to the reimbursement, less $5,000,000: Provided further, That the Secretary

of the Treasury shall not credit the appropriation under this heading with a reimbursement in excess of $8,983,000: Provided further,

That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2601. Notwithstanding any other provision of law, of the

funds available under section 104(a) of title 23, United States Code,

$1,200,000 shall be available for the Paso Del Norte International

Bridge in the state of Texas; $9,000,000 shall be available for the

US 82 Mississippi River Bridge in the state of Mississippi;

$2,000,000 shall be available for the Union Village/Cambridge

Junction bridges in the state of Vermont; $5,000,000 shall be available for the Naheola Bridge in the state of Alabama; $3,000,000

shall be available for the Hoover Dam Bypass in the states of Arizona and Nevada; $3,000,000 shall be available for the Witt-Penn

Bridge in the state of New Jersey; and $12,000,000 shall be available for the Florida Memorial Bridge in the state of Florida.

SEC. 2602. Of the funds transferred to the Department of

Transportation for Year 2000 conversion of Federal information

technology systems and related expenses pursuant to Public Law

49

105–277, $26,600,000 of the unobligated balance are hereby rescinded: Provided, That the Department of Transportation shall allocate this rescission among the appropriate accounts within the Department and report such allocation to the House and Senate Committees on Appropriations.

SEC. 2603. (a) The Administrator of the Environmental Protection Agency shall make a grant for the purpose of carrying out the

first year of a 2-year program to implement in five metropolitan

areas pilot design programs developed under section 365(a)(2) of the

Department of Transportation and Related Agencies Appropriations

Act, 2000 (113 Stat. 1028–1029).

(b) The Administrator shall ensure that each pilot design program is implemented in accordance with recommendations developed by the National Telecommuting and Air Quality Steering Committee, in consultation with the local design teams.

(c) Grants received under subsection (a) may be used for—

(1) protocol development in the five metropolitan areas;

(2) marketing of the telecommute, emissions reduction, pollution credits strategy and recruitment of participating employers; and

(3) data gathering on emissions reductions.

(d) In addition to the grant under subsection (a), for the purpose of carrying out the second year of the 2-year program referred

to in subsection (a), the Administrator shall—

(1) make a grant of $750,000 to the National Environmental Policy Institute (a nonprofit private entity incorporated

under the laws of and located in the District of Columbia); and (2) make grants totaling $1,250,000 to local agencies within

the five metropolitan areas referred to in subsection (a).

(e) Not later than 360 days from first day of the second year

of the 2-year program referred to in subsection (a), the Administrator shall transmit to Congress a report on the results of the program.

(f) The Administrator shall carry out this section in collaboration with the Secretary of Transportation.

(g) There is appropriated to the Department of Transportation,

‘‘Office of the Assistant Secretary for Policy’’, $2,000,000 to carry out

this section. Such amounts shall be transferred to and administered

by the Environmental Protection Agency and shall remain available

until expended: Provided, That the entire amount is designated by

the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That the entire amount

shall be available only to the extent an official budget request for

a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined by

such Act, is transmitted by the President to the Congress.

SEC. 2604. Notwithstanding any other provision of law, hereafter, funds apportioned under section 104(b)(3) of title 23 which

are applied to projects involving the elimination of hazards of railway-highway crossings, including the separation or protection of

grades at crossings, the reconstruction of existing railroad grade

crossing structures, and the relocation of highways to eliminate

grade crossings, may have a Federal share up to 100 percent of the

cost of construction.

50

SEC. 2605. Notwithstanding any other provision of law, for necessary expenses for planning, preliminary engineering and design of

the Metro-North Danbury to Norwalk commuter rail line re-electrification project, $2,000,000, to be derived from the Mass Transit

Account of the Highway Trust Fund and to remain available until

expended: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That the entire amount

shall be available only to the extent an official budget request for

a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined by

such Act, is transmitted by the President to the Congress.

SEC. 2606. Notwithstanding any other provision of law, for necessary expenses for the Second Avenue Subway in New York City,

New York, $3,000,000, to be derived from the Mass Transit Account

of the Highway Trust Fund and to remain available until expended:

Provided, That the entire amount is designated by the Congress as

an emergency requirement pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent an official budget request for a specific dollar

amount, that includes designation of the entire amount of the request as an emergency requirement as defined by such Act, is transmitted by the President to the Congress.

SEC. 2607. Notwithstanding any other provision of law, for necessary expenses relating to a study of improvements to Highway 8,

from the Minnesota border to Highway 51 in the state of Wisconsin,

$500,000, to be derived from the Highway Account of the Highway

Trust Fund and to remain available until expended: Provided, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended: Provided

further, That the entire amount shall be available only to the extent

an official budget request for a specific dollar amount, that includes

designation of the entire amount of the request as an emergency requirement as defined by such Act, is transmitted by the President

to the Congress.

SEC. 2608. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to,

Halls Mill Road in Monmouth County, New Jersey, $1,000,000, to

be derived from the Highway Account of the Highway Trust Fund

and to remain available until expended: Provided, That the entire

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,

That the entire amount shall be available only to the extent an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined by such Act, is transmitted by the President

to the Congress.

51

CHAPTER 7

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

For an additional amount, $24,900,000 for the Secretary of the

Treasury to establish and operate an in-service firearms training facility for the United States Customs Service and other agencies, to

remain available until expended: Provided, That the Secretary is

authorized to designate a lead agency to oversee the development,

implementation and operation of the facility and to conduct training: Provided further, That the land identified as the Sleepy Hollow

Partnership and Marcus Enterprises tract (44,-R), Harpers Ferry

Magisterial District, Jefferson County, West Virginia, together with

a forty-five foot right-of-way over the lands of Valley Blox, Inc. as

described in the deed from Joel T. Broyhill Enterprises, Inc. to

Sleepy Hollow Partnership, et al., in a Deed dated March 29, 1989,

and recorded in the Jefferson County Clerk’s Office in Deed Book

627, Page 494, originally acquired by the United States Fish and

Wildlife Service as a proposed site for a training center but not selected for that purpose and presently held by the United States Fish

and Wildlife Service in an administrative capacity, shall be managed by the National Park Service pursuant to a cooperative management agreement between the United States Fish and Wildlife

Service and the National Park Service, consistent with the laws (including regulations) generally applicable to the National Park Service: Provided further, That administrative jurisdiction of a suitable

portion of said land that is necessary for the creation of a Department of the Treasury training facility, to be identified by the National Park Service, shall be transferred under a lease-type arrangement at no cost within 120-days of the date of the enactment of this

Act to the Department of the Treasury for such time as required by

the Department of the Treasury: Provided further, That the training

to be conducted at the facility shall be configured in a manner so

that it does not duplicate or displace any Federal law enforcement

program of the Federal Law Enforcement Training Center: Provided

further, That training currently being conducted at a Federal Law

Enforcement Training Center facility shall not be moved to the new

training facility: Provided further, That at such time as the land is

no longer required for training purposes, administrative jurisdiction

shall be transferred back to the Department of the Interior in a

manner and condition acceptable to the Department of the Interior:

Provided further, That the total amount made available under this

section is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,

That the entire amount shall be available only to the extent that an

official budget request that includes designation of the entire

amount as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

52

BUREAU OF THE PUBLIC DEBT

GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT

For deposit of an additional amount into the account established under section 3113(d) of title 31, United States Code, to reduce the public debt, $4,000,000,000: Provided, That such amount

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency

Deficit Control Act of 1985: Provided further, That such amount

shall be available only to the extent that an official budget request,

that includes designation of the entire amount of the request as an

emergency requirement as defined in the Balanced Budget and

Emergency Deficit Control Act of 1985, is transmitted by the President to the Congress.

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ related

to planning, coordination and implementation of security for national special security and major protective events, $10,000,000:

Provided, That the entire amount in this section is designated by

the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That the entire amount

shall be available only to the extent that an official budget request

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined by

such Act, is transmitted by the President to the Congress.

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS

APPROPRIATED TO THE PRESIDENT

OFFICE OF ADMINISTRATION

INFORMATION TECHNOLOGY

For necessary expenses of the Office of Administration for restoration and reconstruction of certain electronic mail messages and

for inclusion of such messages in the Automated Records Management System, $8,400,000, which shall remain available until September 30, 2002: Provided, That such funds may not be obligated

until the Office of Administration submits to the Committees on Appropriations an independent verification and validation of the initial and projected costs of the tape restoration and reconstruction

project: Provided further, That such submission shall include the

final report prepared by the independent verification and validation

contractor to the Office of Administration relating to the initial and

projected cost estimates: Provided further, That the entire amount

in this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended: Provided

further, That the entire amount shall be available only to the extent

that an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emerVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00052 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.030 pfrm03 PsN: HR710
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gency requirement as defined by such Act, is transmitted by the

President to the Congress.

INDEPENDENT AGENCIES

GENERAL SERVICES ADMINISTRATION

POLICY AND OPERATIONS

For an additional amount, $3,300,000 to remain available until

expended for the Salt Lake 2002 Winter Olympic and Paralympic

Games doping control program: Provided, That the entire amount

in this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended: Provided

further, That the entire amount shall be available only to the extent

that an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined by such Act, is transmitted by the

Presdient to the Congress.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2701. Notwithstanding section 1345 of title 31, United

States Code, or section 610 of the Treasury and General Government Appropriations Act, 2000 (Public Law 106–58; 113 Stat. 467),

funds made available for fiscal year 2000 for any other department

or agency of the Federal Government with authority to conduct

counterdrug intelligence activities may be available to finance an

appropriate share of the administrative costs incurred by the Department of Justice for the Counterdrug Intelligence Executive Secretariat authorized by the General Counterdrug Intelligence Plan of

February 12, 2000, except that the total amount that may be used

under this section for such purpose shall not exceed $1,100,000.

SEC. 2702. (a) The unobligated balance as of September 30,

2000, of funds appropriated under the heading ‘‘Internal Revenue

Service, Information Technology Investments’’ in the Treasury Department Appropriations Act, 1998, title I of Public Law 105–61, is

rescinded.

(b) Subsection (a) shall be effective September 30, 2000.

(c) The amount rescinded pursuant to subsection (a) is appropriated for the capital asset acquisition of information technology

systems, including management and related contractual costs of

said acquisitions, including contractual costs associated with operations authorized by 5 U.S.C. 3109, which shall be available

through September 30, 2001: Provided, That none of these funds

shall be obligated until the Internal Revenue Service submits to

Congress and Congress approves a plan for expenditure that: (1)

meets the capital planning and investment control review requirements established by the Office of Management and Budget, including OMB Circular A–11 part 3; (2) complies with the Internal Revenue Service’s enterprise architecture, including the modernization

blueprint; (3) conforms with the Internal Revenue Service’s enterprise life cycle methodology; (4) is approved by the Internal Revenue

Service, the Department of the Treasury, and the Office of Management and Budget; (5) has been reviewed by the General Accounting

Office; and (6) complies with the acquisition rules, requirements,

54

guidelines, and systems acquisition management practices of the

Federal Government.

SEC. 2703. RESTORATION OF MEDICARE TRUST FUNDS. (a) COR- RECTION OF TRUST FUND HOLDINGS.— (1) IN GENERAL.—Within 120 days after the effective date of

this Act, the Secretary of the Treasury shall take the actions described in paragraph (2) with respect to each trust fund with

the goal being that, after the actions are taken, the holdings of

the trust fund will replicate, to the extent practicable in the

judgement of the Secretary of the Treasury, in consultation with

the Secretary of Health and Human Services, the obligations

that would have been held by the trust fund if the clerical error

had not occurred.

(2) OBLIGATIONS ISSUED AND REDEEMED.—The Secretary of

the Treasury shall—

(A) issue to each trust fund obligations under chapter

31 of title 31, United States Code, that bear issue dates, interest rates, and maturity dates as the obligations that—

(i) would have been issued to the trust fund if the

clerical error had not occurred; or

(ii) were issued to the trust fund and were redeemed by reason of the clerical error; and

(B) redeem from each trust fund obligations that—

(i) would not have been issued to the trust fund if

the clerical error had not occurred; or

(ii) would have been redeemed from the trust fund

if the clerical error had not occurred.

(b) CORRECTION OF INTEREST INCOME.— (1) TRANSFER OF EXCESS INTEREST INCOME.—Within 120

days after the effective date of this Act, the Secretary of the

Treasury shall transfer from the Federal Hospital Insurance

Trust Fund to the Federal Supplementary Medical Insurance

Trust Fund an amount determined by the Secretary of the

Treasury, in consultation with the Secretary of Health and

Human Services, to be equal to the amount of interest income

that was credited to the Federal Hospital Insurance Trust Fund

that would not have been credited if the clerical error had not

occurred.

(2) CREDIT OF LOST INTEREST INCOME.—Within 120 days

after the effective date of this Act, there is hereby appropriated

to the Federal Supplementary Medical Insurance Trust Fund,

out of any money in the Treasury not otherwise appropriated,

an amount determined by the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, to

be equal to the difference between—

(A) the interest income lost by that trust fund through

the date of credit by reason of the clerical error; and

(B) the amount transferred to that trust fund under

paragraph (1).

(c) DEFINITIONS.—For purposes of this section, the following

definitions shall apply:

(1) CLERICAL ERROR.—The term ‘‘clerical error’’ means the

erroneous transfers of moneys between the investment accounts

and uninvested transfer accounts of the trust funds that occurred in the fiscal year ending September 30, 1999, as deVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00054 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.031 pfrm03 PsN: HR710
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scribed in the Department of Health and Human Services’ ‘‘Accountability Report for Fiscal Year 1999: Federal Managers Financial Integrity Act Report on Systems and Controls’’.

(2) TRUST FUND.—The term ‘‘trust fund’’ means either the

Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund.

SEC. 2704. (a) IN GENERAL.—Of the amounts provided to the

Office of National Drug Control Policy for fiscal year 2000, pursuant to section 237 of H.R. 3425 of the 106th Congress, as enacted

into law by section 1000(a)(5) of Public Law 106–113, the Director

of such Office shall make a direct payment of $3,000,000 to the

United States Olympic Committee for the conduct of anti-doping activities through the United States Anti-Doping Agency.

(b) DIRECT PAYMENTS.—Effective on the date of the enactment

of this Act, the Director of the Office of National Drug Control Policy is authorized and directed to make a direct payment to the

United States Olympic Committee for the conduct of anti-doping activities through the United States Anti-Doping Agency.

SEC. 2705. (a) The unobligated balance as of September 30,

2000, of funds transferred to the United States Secret Service pursuant to the second sentence of section 240 of H.R. 3425 of the 106th

Congress, as enacted into law by section 1000(a)(5) of Public Law

106–113, is rescinded.

(b) Subsection (a) shall be effective September 30, 2000.

(c) The amount rescinded pursuant to subsection (a) is appropriated to the United States Secret Service for salaries and expenses, to remain available until September 30, 2001.

SEC. 2706. Of the amounts provided in Public Law 106–58 in

the Policy and Operations account, the General Services Administration is hereby authorized to provide $225,000, to remain available until expended, for the Nebraska State Patrol Digital Distance

Learning project.

CHAPTER 8

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANTS

The referenced statement of the managers in the sixth undesignated paragraph under this heading in title II of Public Law 106–

74 is deemed to be amended by striking ‘‘Montgomery’’ in reference

to the planning and construction of a regional learning center at

Spring Hill College, and inserting ‘‘Mobile’’.

The referenced statement of the managers in the fourth undesignated paragraph under this heading in title II of Public Law 106–

74 for neighborhood initiatives for specified grants to the City of

Yankton, South Dakota, for the restoration of the downtown area

and the development of the Fox Run Industrial Park is deemed to

be amended by adding after the word ‘‘Park’’ the following: ‘‘and for

activities to facilitate economic development, including infrastructure improvements’’.

For an additional amount for targeted economic development

initiatives under the Community Development Block Grants proVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.032 pfrm03 PsN: HR710
56

gram, $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

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 DevelopVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00056 Fmt 6659 Sfmt 6603 E:\HR\OC\HR710.033 pfrm03 PsN: HR710
57

ment shall, for each request described in the following proviso,

make a 1-year grant to the entity making the request in the amount

under the second proviso: Provided, That a request described in this

proviso is a request for a grant under subtitle C of title IV of the

Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11381 et

seq.) for permanent housing for homeless persons with disabilities

or subtitle F of such title (42 U.S.C. 11403 et seq.) that: (1) was submitted in accordance with the eligibility requirements established by

the Secretary and pursuant to the notice of funding availability for

fiscal year 1999 covering such programs, but was not approved; (2)

was made by an entity that received such a grant pursuant to the

notice of funding availability for a previous fiscal year; and (3) requested renewal of funding made under such previous grant for use

for eligible activities because funding under such previous grant expires during calendar year 2000: Provided further, That the amount

under this proviso is the amount necessary, as determined by the

Secretary, to renew funding for the eligible activities under the

grant request for a period of only 1 year, taking into consideration

the amount of funding requested for the first year of funding under

the grant request: Provided further, That in the third proviso under

this heading in Public Law 106–74, insert ‘‘and management and

information systems’’ after ‘‘technical assistance’’.

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

The Secretary of Housing and Urban Development is prohibited

from using any funds in Public Law 106–74 or any other Act to employ more than 9,100 full-time equivalent employees at the Department of Housing and Urban Development in fiscal year 2000.

OFFICE OF INSPECTOR GENERAL

(INCLUDING RESCISSION OF FUNDS)

Of the amounts made available under this heading in Public

Law 106–74, $6,000,000 provided for the ‘‘Office of Inspector General’’ is rescinded. For an additional amount for the ‘‘Office of Inspector General’’, $6,000,000, to remain available until September

30, 2001: Provided, That these funds shall be made available under

the same terms and conditions as authorized for the funds under

this heading in Public Law 106–74.

INDEPENDENT AGENCIES

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS

OPERATING EXPENSES

(RESCISSION OF FUNDS)

Of the amounts available in the National Service Trust account

from previous appropriations Acts, $1,000,000 shall be rescinded.

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OFFICE OF INSPECTOR GENERAL

For an additional amount for the ‘‘Office of Inspector General’’

for reviews and audits of the State Commissions on National and

Community Service (including alternative administrative entities)

established under section 178 of the National and Community Service Act of 1990 (42 U.S.C. 12638), $1,000,000, to remain available

until September 30, 2001.

ENVIRONMENTAL PROTECTION AGENCY

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

Of the amount appropriated under this heading in title III of Public Law 106–74, $2,374,900, in addition to amounts made available for the following in prior Acts, shall be and have been available

to award grants for work on the Buffalo Creek and other New York

watersheds and for aquifer protection work in and around Cortland

County, New York, including work on the Upper Susquehanna watershed.

Of the amount appropriated under this heading in title III of

Public Law 105–276 to establish a regional environmental data center and to develop an integrated, automated water quality monitoring and information system for watersheds impacting Chesapeake Bay, $2,600,000 shall be transferred to the ‘‘State and tribal

assistance grants’’ account to remain available until expended for

grants for wastewater and sewer infrastructure improvements for

Smithfield Township, Monroe County ($800,000); the Municipal Authority of the Borough of Milford, Pike County ($800,000); the City

of Carbondale, Lackawanna County ($200,000); Throop Borough,

Lackawanna County ($200,000); and Dickson City, Lackawanna

County ($600,000), Pennsylvania.

None of the funds made available for fiscal years 2000 and

2001 for the Environmental Protection Agency may be used to make

a final determination on or implement any new rule relative to the

Proposed Revisions to the National Pollutant Discharge Elimination

System Program and Federal Antidegradation Policy and the Proposed Revisions to the Water Quality Planning and Management

Regulations Concerning Total Maximum Daily Load, published in

the Federal Register on August 23, 1999.

STATE AND TRIBAL ASSISTANCE GRANTS

The referenced statement of the managers under this heading in

title III of the Departments of Veterans Affairs and Housing and

Urban Development, and Independent Agencies Appropriations Act,

2000 (Public Law 106–74), is deemed to be amended by striking ‘‘in

the town of Waynesville’’ in reference to water and wastewater infrastructure improvements as identified in project number 102, and by

inserting ‘‘Haywood County’’; by adding the words ‘‘for the Fourpole

Pumping Station’’ after the word ‘‘improvements’’ in reference to

water and wastewater infrastructure improvements as identified in

project number 135; and by striking the words ‘‘at the West County

Wastewater Treatment Plant’’ in reference to wastewater infrastructure improvements within the Metropolitan Sewer District at Louisville, Kentucky as identified in project number 50.

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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 nonFederal sources of not less than 25 percent in matching funds (other

than administrative costs) for any funds allocated to the State for

buyout assistance: Provided further, That all buyouts under this

section shall be subject to the terms and conditions specified under

42 U.S.C. 5170c(b)(2)(B): Provided further, That none of the funds

made available for buyouts under this paragraph may be used in

any calculation of a State’s section 404 allocation: Provided further,

That the Director shall report quarterly to the House and Senate

Committees on Appropriations on the use of all funds allocated

under this paragraph and certify that the use of all funds are consistent with all applicable laws and requirements: Provided further,

That no funds shall be allocated for buyouts under this paragraph

except in accordance with regulations promulgated by the Director:

Provided further, That the entire amount shall be available only to

the extent an official budget request, that includes designation of the

entire amount of the request as an emergency requirement as defined by the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress:

Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE, AERONAUTICS AND TECHNOLOGY

For an additional amount for ‘‘Science, aeronautics and technology’’, $1,500,000, to remain available until September 30, 2001:

Provided, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined

by the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress

as an emergency requirement pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

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GENERAL PROVISIONS—THIS CHAPTER

SEC. 2801. Title V, subtitle C, section 538 of Public Law 106–

74, is amended by striking ‘‘during any period that the assisted

family continues residing in the same project in which the family

was residing on the date of the eligibility event for the project, if’’

and inserting the following: ‘‘the assisted family may elect to remain

in the same project in which the family was residing on the date

of the eligibility event for the project, and if, during any period the

family makes such an election and continues to so reside,’’.

SEC. 2802. Section 175 of Public Law 106–113 is amended by

striking ‘‘as a grant for Special Olympics in Anchorage, Alaska to

develop the Ben Boeke Arena and Hilltop Ski Area,’’ and inserting

the following ‘‘to the Organizing Committee for the 2001 Special

Olympics World Winter games to be used in support of related activities in Alaska,’’.

SEC. 2803. (a) TECHNICAL REVISION TO PUBLIC LAW 106–74.—

Title II of Public Law 106–74 is amended—

(1) under the heading ‘‘Urban Empowerment Zones’’, by

striking ‘‘$3,666,000’’ and inserting ‘‘$3,666,666’’; and

(2) under the heading ‘‘Community Development Block

Grants’’ under the fourth undesignated paragraph, by striking

‘‘$23,000,000’’ and inserting ‘‘$22,750,000’’.

(b) TECHNICAL REVISION TO PUBLIC LAW 106–113.—Section

242(a) of Appendix E of Public Law 106–113 is amended—

(1) by striking ‘‘seventh’’ and inserting ‘‘sixth’’; and

(2) by striking ‘‘$250,175,000’’ and inserting

‘‘$250,900,000’’.

(c) EFFECTIVE DATES.—The amendments made by—

(1) subsection (a) shall be construed to have taken effect on

October 20, 1999; and

(2) subsection (b) shall be construed to have taken effect on

November 29, 1999.

SEC. 2804. SECTION 235 RESCISSION. Section 208(3) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 is

amended—

(1) by striking ‘‘235(r)’’ and inserting ‘‘235’’;

(2) by inserting after ‘‘104 Stat. 2305)’’ the following: ‘‘for

payments under section 235(r) of the National Housing Act’’;

and

(3) by striking ‘‘for such purposes’’.

CHAPTER 9

GENERAL PROVISION—THIS TITLE

SEC. 2901. For an additional amount for the District of Columbia Metropolitan Police Department, $4,485,000 for the reimbursement of certain costs incurred by the District of Columbia as host

of the International Monetary Fund and World Bank Organization

Spring Conference in April 2000: Provided, That the entire amount

shall be available only to the extent an official budget request for

$4,485,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

61

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 CounterDrug Activities, Defense’’, $154,059,000, to remain available for obligation until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended: Provided further, That the Secretary of Defense may transfer the funds provided herein only to appropriations for military personnel; operation and maintenance;

procurement; research, development, test and evaluation; and working capital funds: Provided further, That the funds transferred

shall be merged with and shall be available for the same purposes

and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided under

this heading is in addition to any other transfer authority available

to the Department of Defense: Provided further, That no funds made

available under this heading may be obligated or expended for

training, logistics support, planning or assistance contracts for any

overseas activity until 15 days after the Assistant Secretary of Defense, Special Operations and Low-Intensity Conflict reports to the

congressional defense committees on the value, duration and purpose of such contracts.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 3101. (a) AUTHORITY TO PROVIDE SUPPORT.—Of the

amount appropriated in this Act for the Department of Defense, not

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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 counterdrug activities.

(c) CONDITIONS ON PROVISION OF SUPPORT.—(1) The Secretary

of Defense may not obligate or expend funds appropriated in this

Act to provide support under this section for counter-drug activities

of the Government of Colombia until the end of the 15-day period

beginning on the date on which the Secretary submits the written

certification for fiscal year 2000 pursuant to section 1033(f)(1) of the

National Defense Authorization Act for Fiscal Year 1998 (Public

Law 105–85; 111 Stat. 1882).

(2) The elements of the written certification submitted for fiscal

year 2000 described in section 1033(g) of that Act shall apply to,

and the written certification shall address, the support provided

under this section for counter-drug activities of the Government of

Colombia.

CHAPTER 2

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

DEPARTMENT OF STATE

ASSISTANCE FOR COUNTERNARCOTICS ACTIVITIES

For necessary expenses to carry out section 481 of the Foreign

Assistance Act of 1961 to support Central and South America and

Caribbean counternarcotics activities, $1,018,500,000, to remain

available until expended: Provided, That of the funds appropriated

under this heading, not less than $110,000,000 shall be made available for assistance for Bolivia, of which not less than $85,000,000

may be made available for alternative development and other economic activities: Provided further, That of the funds appropriated

under this heading, not less than $20,000,000 may be made available for assistance for Ecuador, of which not less than $8,000,000

may be made available for alternative development and other economic activities: Provided further, That of the funds appropriated

under this heading, not less than $18,000,000 shall be made available for assistance for other countries in South and Central America

and the Caribbean which are cooperating with United States counternarcotics objectives: Provided further, That of the funds appropriated under this heading not less than $60,000,000 shall be made

available for the procurement, refurbishing, and support for UH–1H

Huey II helicopters for the Colombian Army: Provided further, That

of the funds appropriated under this heading, not less than

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$234,000,000 shall be made available for the procurement of and

support for UH–60 Blackhawk helicopters for use by the Colombian

Army and the Colombian National Police: Provided further, That

procurement of UH–60 Blackhawk helicopters from funds made

available under this heading shall be managed by the United States

Defense Security Cooperation Agency: Provided further, That the

President shall ensure that if any helicopter procured with funds

under this heading is used to aid or abet the operations of an illegal

self-defense group or illegal security cooperative, then such helicopter shall be immediately returned to the United States: Provided

further, That of the amount appropriated under this heading,

$2,500,000 shall be available for a program for the demobilization

and rehabilitation of child soldiers in Colombia: Provided further,

That funds made available under this heading shall be in addition

to amounts otherwise available for such purposes: Provided further,

That section 482(b) of the Foreign Assistance Act of 1961 shall not

apply to funds appropriated under this heading: Provided further,

That the Secretary of State, in consultation with the Secretary of

Defense and the Administrator of the United States Agency for

International Development, shall provide to the Committees on Appropriations not later than 30 days after the date of the enactment

of this Act and prior to the initial obligation of any funds appropriated under this heading, a report on the proposed uses of all

funds under this heading on a country-by-country basis for each

proposed program, project or activity: Provided further, That at

least 20 days prior to the obligation of funds made available under

this heading the Secretary of State shall inform the Committees on

Appropriations: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended: Provided further, That the entire

amount provided shall be available only to the extent an official

budget request that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 3201. CONDITIONS ON ASSISTANCE FOR COLOMBIA. (a)

CONDITIONS.— (1) CERTIFICATION REQUIRED.—Assistance provided under

this heading may be made available for Colombia in fiscal

years 2000 and 2001 only if the Secretary of State certifies to

the appropriate congressional committees prior to the initial obligation of such assistance in each such fiscal year, that—

(A)(i) the President of Colombia has directed in writing

that Colombian Armed Forces personnel who are credibly

alleged to have committed gross violations of human rights

will be brought to justice in Colombia’s civilian courts, in

accordance with the 1997 ruling of Colombia’s Constitutional court regarding civilian court jurisdiction in human

rights cases; and

(ii) the Commander General of the Colombian Armed

Forces is promptly suspending from duty any Colombian

Armed Forces personnel who are credibly alleged to have

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committed gross violations of human rights or to have

aided or abetted paramilitary groups; and

(iii) the Colombian Armed Forces and its Commander

General are fully complying with (A)(i) and (ii); and

(B) the Colombian Armed Forces are cooperating fully

with civilian authorities in investigating, prosecuting, and

punishing in the civilian courts Colombian Armed Forces

personnel who are credibly alleged to have committed gross

violations of human rights; and

(C) the Government of Colombia is vigorously prosecuting in the civilian courts the leaders and members of

paramilitary groups and Colombian Armed Forces personnel who are aiding or abetting these groups.

(D) the Government of Colombia has agreed to and is

implementing a strategy to eliminate Colombia’s total coca

and opium poppy production by 2005 through a mix of alternative development programs; manual eradication; aerial spraying of chemical herbicides; tested, environmentally

safe mycoherbicides; and the destruction of illicit narcotics

laboratories on Colombian territory;

(E) the Colombian Armed Forces are developing and

deploying in their field units a Judge Advocate General

Corps to investigate Colombian Armed Forces personnel for

misconduct.

(2) CONSULTATIVE PROCESS.—The Secretary of State shall

consult with internationally recognized human rights organizations regarding the Government of Colombia’s progress in meeting the conditions contained in paragraph (1), prior to issuing

the certification required under paragraph (1).

(3) APPLICATION OF EXISTING LAWS.—The same restrictions

contained in section 564 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (Public Law 106–113) and section 8098 of the Department of Defense

Appropriations Act, 2000 (Public Law 106–79) shall apply to

the availability of funds under this heading.

(4) WAIVER.—Assistance may be furnished without regard

to this section if the President determines and certifies to the

appropriate Committees that to do so is in the national security

interest.

(b) DEFINITIONS.—In this section:

(1) AIDING OR ABETTING.—The term ‘‘aiding or abetting’’

means direct and indirect support to paramilitary groups, including conspiracy to allow, facilitate, or promote the activities

of paramilitary groups.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on Appropriations and the Committee on Foreign Relations of

the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives.

(3) PARAMILITARY GROUPS.—The term ‘‘paramilitary

groups’’ means illegal self-defense groups and illegal security

cooperatives.

65

(4) ASSISTANCE.—The term ‘‘assistance’’ means assistance

appropriated under this heading for fiscal years 2000 and

2001, and provided under the following provisions of law:

(A) Section 1004 of the National Defense Authorization

Act for Fiscal Year 1991 (Public Law 101–510; relating to

counter-drug assistance).

(B) Section 1033 of the National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85; relating to

counter-drug assistance to Colombia and Peru).

(C) Section 23 of the Arms Export Control Act (Public

Law 90–629); relating to credit sales.

(D) Section 481 of the Foreign Assistance Act of 1961

(Public Law 87–195; relating to international narcotics control).

(E) Section 506 of the Foreign Assistance Act of 1961

(Public Law 87–195; relating to emergency drawdown authority).

SEC. 3202. REGIONAL STRATEGY. (a) REPORT REQUIRED.—Not

later than 60 days after the date of the enactment of this Act, the

President shall submit to the Committee on Foreign Relations and

the Committee on Appropriations of the Senate, the Committee on

International Relations and the Committee on Appropriations of the

House of Representatives, a report on the current United States policy and strategy regarding United States counternarcotics assistance

for Colombia and neighboring countries.

(b) REPORT ELEMENTS.—The report required by subsection (a)

shall address the following:

(1) The key objectives of the United States’ counternarcotics

strategy in Colombia and neighboring countries and a detailed

description of benchmarks by which to measure progress toward

those objectives.

(2) The actions required of the United States to support and

achieve these objectives, and a schedule and cost estimates for

implementing such actions.

(3) The role of the United States in the efforts of the Government of Colombia to deal with illegal drug production in Colombia.

(4) The role of the United States in the efforts of the Government of Colombia to deal with the insurgency and paramilitary forces in Colombia.

(5) How the strategy with respect to Colombia relates to

and affects the United States’ strategy in the neighboring countries.

(6) How the strategy with respect to Colombia relates to

and affects the United States’ strategy for fulfilling global counternarcotics goals.

(7) A strategy and schedule for providing material, technical, and logistical support to Colombia and neighboring countries in order to defend the rule of law and to more effectively

impede the cultivation, production, transit, and sale of illicit

narcotics.

(8) A schedule for making Forward Operating Locations

(FOL) fully operational, including cost estimates and a description of the potential capabilities for each proposed location and

66

an explanation of how the FOL architecture fits into the overall

the Strategy.

SEC. 3203. REPORT ON EXTRADITION OF NARCOTICS TRAF- FICKERS. (a) Not later than 6 months after the date of the enactment

of this title, and every 6 months thereafter, during the period Plan

Colombia resources are made available, the Secretary of State shall

submit to the Committee on Foreign Relations, the Committee on the

Judiciary and the Committee on Appropriations of the Senate and

the Committee on International Relations, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives a report setting forth—

(1) a list of the persons whose extradition has been requested from any country receiving counter narcotics assistance

from the United States, indicating those persons who—

(A) have been surrendered to the custody of United

States authorities;

(B) have been detained by the authorities and who are

being processed for extradition;

(C) have been detained by the authorities and who are

not yet being processed for extradition; or

(D) are at large;

(2) a determination whether authorities of each country receiving counternarcotics assistance from the United States are

making good faith efforts to 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—

(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

67

(B) the unobligated balances from any other program

used for their originally appropriated purpose to combat

drug production and trafficking, foster peace, increase the

rule of law, improve human rights, expand economic development, and institute justice reform in the countries covered by Plan Colombia.

(3) WAIVER.—The limitations in subsection (a) may be

waived by an Act of Congress.

(b) LIMITATION ON ASSIGNMENT OF UNITED STATES PERSONNEL

IN COLOMBIA.— (1) LIMITATION.—Except as provided in paragraph (2), none

of the funds appropriated or otherwise made available by this

or any other Act (including funds described in subsection (c))

may be available for—

(A) the assignment of any United States military personnel for temporary or permanent duty in Colombia in

connection with support of Plan Colombia if that assignment would cause the number of United States military

personnel so assigned in Colombia to exceed 500; or

(B) the employment of any United States individual civilian retained as a contractor in Colombia if that employment would cause the total number of United States individual civilian contractors employed in Colombia in support of Plan Colombia who are funded by Federal funds to

exceed 300.

(2) EXCEPTION.—The limitation contained in paragraph (1)

shall not apply if—

(A) the President submits a report to Congress requesting that the limitation not apply; and

(B) Congress enacts a joint resolution approving the request of the President under subparagraph (A).

(c) WAIVER.—The President may waive the limitation in subsection (b)(1) for a single period of up to 90 days in the event that

the Armed Forces of the United States are involved in hostilities or

that imminent involvement by the Armed Forces of the United

States in hostilities is clearly indicated by the circumstances.

(d) STATUTORY CONSTRUCTION.—Nothing in this section may be

construed to affect the authority of the President to carry out any

emergency evacuation of United States citizens or any search or rescue operation for United States military personnel or other United

States citizens.

(e) REPORT ON SUPPORT FOR PLAN COLOMBIA.—Not later than

June 1, 2001, and not later than June 1 and December 1 of each

of the succeeding four fiscal years, the President shall submit a report to Congress setting forth any costs (including incremental costs

incurred by the Department of Defense) incurred by any department,

agency, or other entity of the Executive branch of Government during the two previous fiscal quarters in support of Plan Colombia.

Each such report shall provide an itemization of expenditures by

each such department, agency, or entity.

(f) BIMONTHLY REPORTS.—Beginning within 90 days of the date

of the enactment of this joint resolution, and every 60 days thereafter, the President shall submit a report to Congress that shall include the aggregate number, locations, activities, and lengths of assignment for all temporary and permanent United States military

68

personnel and United States individual civilians retained as contractors involved in the antinarcotics campaign in Colombia.

(g) CONGRESSIONAL PRIORITY PROCEDURES.—

(1) JOINT RESOLUTIONS DEFINED.—

(A) For purposes of subsection (a)(1)(B), the term ‘‘joint

resolution’’ means only a joint resolution introduced not

later than 10 days of the date on which the report of the

President under subsection (a)(1)(A) is received by Congress, the matter after the resolving clause of which is as

follows: ‘‘That Congress approves the request of the President for additional funds for Plan Colombia contained in

the report submitted by the President under section

3204(a)(1) of the 2000 Emergency Supplemental Appropriations Act.’’.

(B) For purposes of subsection (b)(2)(B), the term ‘‘joint

resolution’’ means only a joint resolution introduced not

later than 10 days of the date on which the report of the

President under subsection (a)(1)(A) is received by Congress, the matter after the resolving clause of which is as

follows: ‘‘That Congress approves the request of the President for exemption from the limitation applicable to the assignment of personnel in Colombia contained in the report

submitted by the President under section 3204(b)(2)(B) of

the 2000 Emergency Supplemental Appropriations Act.’’.

(2) PROCEDURES.—Except as provided in subparagraph (B),

a joint resolution described in paragraph (1)(A) or (1)(B) shall

be considered in a House of Congress in accordance with the

procedures applicable to joint resolutions under paragraphs (3)

through (8) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98–473; 98

Stat. 1936).

(h) PLAN COLOMBIA DEFINED.—In this section, the term ‘‘Plan

Colombia’’ means the plan of the Government of Colombia instituted

by the administration of President Pastrana to combat drug production and trafficking, foster peace, increase the rule of law, improve

human rights, expand economic development, and institute justice

reform.

SEC. 3205. (a) DENIAL OF VISAS FOR PERSONS CREDIBLY ALLEGED TO HAVE AIDED AND ABETTED COLOMBIAN INSURGENT AND

PARAMILITARY GROUPS.—None of the funds appropriated or otherwise made available in this Act for any fiscal year for the Department of State may be used to issue visas to any person who has been

credibly alleged to have provided direct or indirect support to the

Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), or the United Colombian Self Defense organization (AUC), including conspiracy to allow, facilitate, or promote

the illegal activities of such groups.

(b) EXEMPTION.—Subsection (a) shall not apply if the Secretary

of State finds, on a case-by-case basis, that the entry into the United

States of a person who would otherwise be excluded under this section is necessary for medical reasons, or to permit the prosecution

of such person in the United States, or the person has cooperated

fully with the investigation of crimes committed by individuals associated with the Revolutionary Armed Forces of Colombia (FARC),

69

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 POPU- LATION 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 RE- QUIRED.—Assistance may be made available for Colombia in fiscal

years 2000 and 2001 only if the Secretary of State certifies to the

appropriate congressional committees, before the initial obligation of

such assistance in each such fiscal year, that the United States Government publicly supports the military and political efforts of the

Government of Colombia, consistent with human rights conditions

in section 3101, necessary to effectively resolve the conflicts with the

guerrillas and paramilitaries that threaten the territorial integrity,

economic prosperity, and rule of law in Colombia.

(b) DEFINITIONS.—In this section:

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term

‘‘appropriate committees of Congress’’ means the following:

(A) The Committees on Appropriations and Foreign Relations of the Senate.

(B) The Committees on Appropriations and International Relations of the House of Representatives.

(2) ASSISTANCE.—The term ‘‘assistance’’ means assistance

appropriated under this heading for fiscal years 2000 and

2001, and provided under the following provisions of law:

(A) Section 1004 of the National Defense Authorization

Act for Fiscal Year 1991 (Public Law 101–510; relating to

counter-drug assistance).

(B) Section 1033 of the National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85; relating to

counter-drug assistance to Colombia and Peru).

(C) Section 23 of the Arms Export Control Act (Public

Law 90–629; relating to credit sales).

(D) Section 481 of the Foreign Assistance Act of 1961

(Public Law 87–195; relating to international narcotics control).

(E) Section 506 of the Foreign Assistance Act of 1961

(Public Law 87–195; relating to emergency drawdown authority).

CHAPTER 3

MILITARY CONSTRUCTION, DEFENSE-WIDE

Notwithstanding any other provision of law, for an additional

amount for ‘‘Military Construction, Defense-Wide’’, $116,523,000, to

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remain available until September 30, 2004: Provided, That such

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,

That the entire amount shall be available only to the extent that an

official budget request for $116,523,000, that includes designation of

the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

TITLE IV—LEWIS AND CLARK RURAL

WATER SYSTEM

SEC. 4101. SHORT TITLE.

This title may be cited as the ‘‘Lewis and Clark Rural Water

System Act of 2000’’.

SEC. 4102. DEFINITIONS.

In this title:

(1) FEASIBILITY STUDY.—The term ‘‘feasibility study’’ means

the study entitled ‘‘Feasibility Level Evaluation of a Missouri

River Regional Water Supply for South Dakota, Iowa and Minnesota’’, dated September 1993, that includes a water conservation plan, environmental report, and environmental enhancement component.

(2) INCREMENTAL COST.—The term ‘‘incremental cost’’

means the cost of the savings to the project were the City of

Sioux Falls not to participate in the water supply system.

(3) MEMBER ENTITY.—The term ‘‘member entity’’ means a

rural water system or municipality that meets the requirements

for membership as defined by the Lewis and Clark Rural Water

System, Inc. bylaws, dated September 6, 1990.

(4) PROJECT CONSTRUCTION BUDGET.—The term ‘‘project

construction budget’’ means the description of the total amount

of funds needed for the construction of the water supply project,

as contained in the feasibility study.

(5) PUMPING AND INCIDENTAL OPERATIONAL REQUIRE- MENTS.—The term ‘‘pumping and incidental operational requirements’’ means all power requirements that are necessary

for the operation of intake facilities, pumping stations, water

treatment facilities, reservoirs, and pipelines up to the point of

delivery of water by the water supply system to each member

entity that distributes water at retail to individual users.

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(7) WATER SUPPLY PROJECT.— (A) IN GENERAL.—The term ‘‘water supply project’’

means the physical components of the Lewis and Clark

Rural Water Project.

(B) INCLUSIONS.—The term ‘‘water supply project’’

includes—

(i) necessary pumping, treatment, and distribution

facilities;

(ii) pipelines;

(iii) appurtenant buildings and property rights;

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(iv) electrical power transmission and distribution

facilities necessary for services to water systems facilities; and

(v) such other pipelines, pumping plants, and facilities as the Secretary considers necessary and appropriate to meet the water supply, economic, public

health, and environment needs of the member entities

(including water storage tanks, water lines, and other

facilities for the member entities).

(8) WATER SUPPLY SYSTEM.—The term ‘‘water supply system’’ means the Lewis and Clark Rural Water System, Inc., a

nonprofit corporation established and operated substantially in

accordance with the feasibility study.

SEC. 4103. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.

(a) IN GENERAL.—The Secretary shall make grants to the water

supply system for the planning and construction of the water supply

project.

(b) SERVICE AREA.—The water supply system shall provide for

the member entities safe and adequate municipal, rural, and industrial water supplies, mitigation of wetland areas, and water conservation in—

(1) Lake County, McCook County, Minnehaha County,

Turner County, Lincoln County, Clay County, and Union County, in southeastern South Dakota;

(2) Rock County and Nobles County, in southwestern Minnesota; and

(3) Lyon County, Sioux County, Osceola County, O’Brien

County, Dickinson County, and Clay County, in northwestern

Iowa.

(c) AMOUNT OF GRANTS.—Grants made available under subsection (a) to the water supply system shall not exceed the amount

of funds authorized under section 4108.

(d) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.—

The Secretary shall not obligate funds for the construction of the

water supply project until—

(1) the requirements of the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.) are met; and

(2) a final engineering report and a plan for a water conservation program are prepared and submitted to the Congress

not less than 90 days before the commencement of construction

of the water supply project.

SEC. 4104. MITIGATION OF FISH AND WILDLIFE LOSSES.

Mitigation for fish and wildlife losses incurred as a result of the

construction and operation of the water supply project shall be on

an acre-for-acre basis, based on ecological equivalency, concurrent

with project construction, as provided in the feasibility study.

SEC. 4105. USE OF PICK-SLOAN POWER.

(a) IN GENERAL.—From power designated for future irrigation

and drainage pumping for the Pick-Sloan Missouri Basin program,

the Western Area Power Administration shall make available, at the

firm power rate, the capacity and energy required to meet the pumping and incidental operational requirements of the water supply

project during the period beginning on May 1 and ending on October 31 of each year.

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(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-forprofit basis, the portions of the water supply project constructed

with assistance under this title shall be eligible to receive firm

power from the Pick-Sloan Missouri Basin program established by

section 9 of the Act of December 22, 1944 (chapter 665; 58 Stat.

887), popularly known as the Flood Control Act of 1944.

SEC. 4106. NO LIMITATION ON WATER PROJECTS IN STATES.

This title does not limit the authorization for water projects in

the States of South Dakota, Iowa, and Minnesota under law in effect on or after the date of the enactment of this Act.

SEC. 4107. WATER RIGHTS.

Nothing in this title—

(1) invalidates or preempts State water law or an interstate

compact governing water;

(2) alters the rights of any State to any appropriated share

of the waters of any body of surface or ground water, whether

determined by past or future interstate compacts or by past or

future legislative or final judicial allocations;

(3) preempts or modifies any Federal or State law, or interstate compact, governing water quality or disposal; or

(4) confers on any non-Federal entity the ability to exercise

any Federal right to the waters of any stream or to any ground

water resource.

SEC. 4108. COST SHARING.

(a) FEDERAL COST SHARE.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Secretary shall provide funds equal to 80 percent of—

(A) the amount allocated in the total project construction budget for planning and construction of the water supply project under section 4103; and

(B) such amounts as are necessary to defray increases

in development costs reflected in appropriate engineering

cost indices after September 1, 1993.

(2) SIOUX FALLS.—The Secretary shall provide funds for the

City of Sioux Falls, South Dakota, in an amount equal to 50

percent of the incremental cost to the city of participation in the

project.

(b) NON-FEDERAL COST SHARE.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

non-Federal share of the costs allocated to the water supply system shall be 20 percent of the amounts described in subsection

(a)(1).

(2) SIOUX FALLS.—The non-Federal cost-share for the City

of Sioux Falls, South Dakota, shall be 50 percent of the incremental cost to the city of participation in the project.

SEC. 4109. BUREAU OF RECLAMATION.

(a) AUTHORIZATION.—At the request of the water supply system,

the Secretary may allow the Commissioner of Reclamation to provide project construction oversight to the water supply project for the

service area of the water supply system described in section 4103(b).

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(b) PROJECT OVERSIGHT ADMINISTRATION.—The amount of

funds used by the Commissioner of Reclamation for oversight described in subsection (a) shall not exceed the amount that is equal

to 1 percent of the amount provided in the total project construction

budget for the entire project construction period.

SEC. 4110. PROJECT OWNERSHIP AND RESPONSIBILITY.

The water supply system shall retain title to all project facilities

during and after construction, and shall be responsible for all operation, maintenance, repair, and rehabilitation costs of the project.

SEC. 4111. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title $213,887,700, to remain available until expended.

TITLE V—GENERAL PROVISIONS THIS DIVISION

SEC. 5101. No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal

year unless expressly so provided herein.

SEC. 5102. Sections 305 and 306 of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of Public Law 106–

113, are hereby repealed.

REPEAL OF UNOBLIGATED BALANCE RESTRICTIONS

SEC. 5103. The final proviso under the heading ‘‘Foreign Military Financing Program’’ in title VI of the Foreign Operations, Export Financing, and Related Programs as enacted into law by section 1000(a)(2) of division B of Public Law 106–113 (113 Stat.

1501A–133), is null and void.

SEC. 5104. Section 216 of the Departments of Labor, Health

and Human Services, and Education, and Related Agencies Appropriations Act, 2000 (as enacted into law by section 1000(a)(4) of

Public Law 106–113) is repealed.

SEC. 5105. Section 5527 of Public Law 105–33, The Balanced

Budget Act of 1997, is repealed.

SEC. 5106. Section 9305 of Public Law 105–33 (111 Stat. 677)

is repealed.

SEC. 5107. Notwithstanding section 251(a) of the Balanced

Budget and Emergency Deficit Control Act of 1985, there shall be

no sequestration under that section to eliminate a fiscal year 2000

breach or no reductions in discretionary spending limits for fiscal

year 2001 that might be caused by the appropriations or other provisions in this Act.

SEC. 5108. (a) The enactment of this Act shall be deemed to fulfill the requirements for enactment of a law for purposes of section

206(b) of H. Con. Res. 290 (106th Congress).

(b) Section 312(b) of the Congressional Budget Act of 1974 shall

not apply in the Senate with respect to fiscal year 2001.

SEC. 5109. Section 207 of H. Con. Res. 290 (106th Congress) is

amended as follows:

(a) by reducing the limit on outlays set forth in subsection

(a)(1) by $2,000,000,000; and

(b) by increasing the limit on outlays set forth in subsection

(a)(2) by $2,000,000,000.

This division may be cited as the ‘‘Emergency Supplemental

Act, 2000’’.

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DIVISION C

CERRO GRANDE FIRE

The following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September 30, 2000, and for other purposes, namely:

TITLE I—CERRO GRANDE FIRE

ASSISTANCE ACT

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Cerro Grande Fire Assistance

Act’’.

SEC. 102. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) on May 4, 2000, the National Park Service initiated a

prescribed burn on Federal land at Bandelier National Monument in New Mexico during the peak of the fire season in the

Southwest;

(2) on May 5, 2000, the prescribed burn, which became

known as the ‘‘Cerro Grande Prescribed Fire’’, exceeded the containment capabilities of the National Park Service, was reclassified as a wildland burn, and spread to other Federal and

non-Federal land, quickly becoming characterized as a wildfire;

(3) by May 7, 2000, the fire had grown in size and caused

evacuations in and around Los Alamos, New Mexico, including

the Los Alamos National Laboratory, one of the leading national research laboratories in the United States and the birthplace of the atomic bomb;

(4) on May 13, 2000, the President issued a major disaster

declaration for the counties of Bernalillo, Cibola, Los Alamos,

McKinley, Mora, Rio Arriba, Sandoval, San Juan, San Miguel,

Santa Fe, Taos, and Torrance, New Mexico;

(5) the fire resulted in the loss of Federal, State, local, tribal, and private property;

(6) the Secretary of the Interior and the National Park

Service have assumed responsibility for the fire and subsequent

losses of property; and

(7) the United States should compensate the victims of the

Cerro Grande fire.

(b) PURPOSES.—The purposes of this title are—

(1) to compensate victims of the fire at Cerro Grande, New

Mexico, for injuries resulting from the fire; and

(2) to provide for the expeditious consideration and settlement of claims for those injuries.

SEC. 103. DEFINITIONS.

In this title:

(1) CERRO GRANDE FIRE.—The term ‘‘Cerro Grande fire’’

means the fire resulting from the initiation by the National

Park Service of a prescribed burn at Bandelier National Monument, New Mexico, on May 4, 2000.

(2) DIRECTOR.—The term ‘‘Director’’ means—

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(A) the Director of the Federal Emergency Management

Agency; or

(B) if a Manager is appointed under section 104(a)(3),

the Manager.

(3) INJURED PERSON.—The term ‘‘injured person’’ means—

(A) an individual, regardless of the citizenship or alien

status of the individual; or

(B) an Indian tribe, corporation, tribal corporation,

partnership, company, association, insurer, county, township, city, State, school district, or other non-Federal entity

(including a legal representative);

that suffered injury resulting from the Cerro Grande fire.

(4) INJURY.—The term ‘‘injury’’ has the same meaning as

the term ‘‘injury or loss of property, or personal injury or death’’

as used in section 1346(b)(1) of title 28, United States Code.

(5) MANAGER.—The term ‘‘Manager’’ means an Independent

Claims Manager appointed under section 104(a)(3).

(6) OFFICE.—The term ‘‘Office’’ means the Office of Cerro

Grande Fire Claims established by section 104(a)(2).

SEC. 104. COMPENSATION FOR VICTIMS OF CERRO GRANDE FIRE.

(a) IN GENERAL.—

(1) COMPENSATION.—Each injured person shall be entitled

to receive from the United States—

(A) compensation for injury suffered by the injured person as a result of the Cerro Grande fire; and

(B) damages described in subsection (d)(4), as determined by the Director.

(2) OFFICE OF CERRO GRANDE FIRE CLAIMS.—

(A) IN GENERAL.—There is established within the Federal Emergency Management Agency an Office of Cerro

Grande Fire Claims.

(B) PURPOSE.—The Office shall receive, process, and

pay claims in accordance with this title.

(C) FUNDING.—The Office—

(i) shall be funded from funds made available to

the Director under this title;

(ii) may reimburse other Federal agencies for

claims processing support and assistance;

(iii) may appoint and fix the compensation of such

temporary personnel as may be necessary, without regard to the provisions of title 5, United States Code,

governing appointments in competitive service;

(iv) upon the request of the Director, the head of

any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Federal Emergency Management

Agency to assist it in carrying out its duties under this

title; and

(v) shall not diminish the ability of the Director to

carry out the responsibilities of the Federal Emergency

Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.), including the timely provision of disaster

assistance to a State or territory, an area of which is

76

the subject of a major disaster or emergency declaration made by the President during the period in which

the Director carries out this Act.

(3) OPTION TO APPOINT INDEPENDENT CLAIMS MANAGER.— The Director may appoint an Independent Claims Manager to—

(A) head the Office; and

(B) assume the duties of the Director under this title.

(b) SUBMISSION OF CLAIMS.—Not later than 2 years after the

date on which regulations are first promulgated under subsection

(f), an injured person may submit to the Director a written claim

for one or more injuries suffered by the injured person in accordance

with such requirements as the Director determines to be appropriate.

(c) INVESTIGATION OF CLAIMS.— (1) IN GENERAL.—The Director shall, on behalf of the

United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted under subsection (b).

(2) APPLICABILITY OF STATE LAW.—Except as otherwise provided in this title, the laws of the State of New Mexico shall

apply to the calculation of damages under subsection (d)(4).

(3) EXTENT OF DAMAGES.—Any payment under this title—

(A) shall be limited to actual compensatory damages

measured by injuries suffered; and

(B) shall not include—

(i) interest before settlement or payment of a claim;

or

(ii) punitive damages.

(d) PAYMENT OF CLAIMS.— (1) DETERMINATION AND PAYMENT OF AMOUNT.— (A) IN GENERAL.— (i) PAYMENT.—Not later than 180 days after the

date on which a claim is submitted under this title, the

Director shall determine and fix the amount, if any, to

be paid for the claim.

(ii) PRIORITY.—The Director, to the maximum extent practicable, shall pay subrogation claims submitted under this title only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees.

(B) PARAMETERS OF DETERMINATION.—In determining

and settling a claim under this title, the Director shall determine only—

(i) whether the claimant is an injured person;

(ii) whether the injury that is the subject of the

claim resulted from the fire;

(iii) the amount, if any, to be allowed and paid

under this title; and

(iv) the person or persons entitled to receive the

amount.

(C) INSURANCE AND OTHER BENEFITS.—

(i) IN GENERAL.—In determining the amount of,

and paying, a claim under this title, to prevent recovery by a claimant in excess of actual compensatory

damages, the Director shall reduce the amount to be

77

paid for the claim by an amount that is equal to the

total of insurance benefits (excluding life insurance

benefits) or other payments or settlements of any nature

that were paid, or will be paid, with respect to the

claim.

(ii) GOVERNMENT LOANS.—This subparagraph

shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the

claimant.

(2) PARTIAL PAYMENT.— (A) IN GENERAL.—At the request of a claimant, the Director may make one or more advance or partial payments

before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined

to be severable.

(B) JUDICIAL DECISION.—If a claimant receives a partial payment on a claim under this title, but further payment on the claim is subsequently denied by the Director,

the claimant may—

(i) seek judicial review under subsection (i); and

(ii) keep any partial payment that the claimant received, unless the Director determines that the

claimant—

(I) was not eligible to receive the compensation; or

(II) fraudulently procured the compensation.

(3) RIGHTS OF INSURER OR OTHER THIRD PARTY.—If an insurer or other third party pays any amount to a claimant to

compensate for an injury described in subsection (a), the insurer

or other third party shall be subrogated to any right that the

claimant has to receive any payment under this title or any

other law.

(4) ALLOWABLE DAMAGES.— (A) LOSS OF PROPERTY.—A claim that is paid for loss

of property under this title may include otherwise uncompensated damages resulting from the Cerro Grande fire

for—

(i) an uninsured or underinsured property loss;

(ii) a decrease in the value of real property;

(iii) damage to physical infrastructure;

(iv) a cost resulting from lost tribal subsistence

from hunting, fishing, firewood gathering, timbering,

grazing, or agricultural activities conducted on land

damaged by the Cerro Grande fire;

(v) a cost of reforestation or revegetation on tribal

or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other

Federal program; and

(vi) any other loss that the Director determines to

be appropriate for inclusion as loss of property.

(B) BUSINESS LOSS.—A claim that is paid for injury

under this title may include damages resulting from the

Cerro Grande fire for the following types of otherwise uncompensated business loss:

(i) Damage to tangible assets or inventory.

78

(ii) Business interruption losses.

(iii) Overhead costs.

(iv) Employee wages for work not performed.

(v) Any other loss that the Director determines to

be appropriate for inclusion as business loss.

(C) FINANCIAL LOSS.—A claim that is paid for injury

under this title may include damages resulting from the

Cerro Grande fire for the following types of otherwise uncompensated financial loss:

(i) Increased mortgage interest costs.

(ii) An insurance deductible.

(iii) A temporary living or relocation expense.

(iv) Lost wages or personal income.

(v) Emergency staffing expenses.

(vi) Debris removal and other cleanup costs.

(vii) Costs of reasonable efforts, as determined by

the Director, to reduce the risk of wildfire, flood, or

other natural disaster in the counties specified in section 102(a)(4), to risk levels prevailing in those counties

before the Cerro Grande fire, that are incurred not

later than the date that is 3 years after the date on

which the regulations under subsection (f) are first promulgated.

(viii) A premium for flood insurance that is required to be paid on or before May 12, 2002, if, as a

result of the Cerro Grande fire, a person that was not

required to purchase flood insurance before the Cerro

Grande fire is required to purchase flood insurance.

(ix) Any other loss that the Director determines to

be appropriate for inclusion as financial loss.

(e) ACCEPTANCE OF AWARD.—The acceptance by a claimant of

any payment under this title, except an advance or partial payment

made under subsection (d)(2), shall—

(1) be final and conclusive on the claimant (but not on any

subrogee of the claimant), with respect to all claims arising out

of or relating to the same subject matter;

(2) constitute a complete release of all claims against the

United States (including any agency or employee of the United

States) under chapter 171 of title 28, United States Code (commonly known as the ‘‘Federal Tort Claims Act’’), or any other

Federal or State law, arising out of or relating to the same subject matter; and

(3) shall include a certification by the claimant, made

under penalty of perjury and subject to the provisions of section

1001 of title 18, United States Code, that such claim is true and

correct.

(f) REGULATIONS AND PUBLIC INFORMATION.—

(1) REGULATIONS.—Notwithstanding any other provision of

law, not later than 45 days after the date of the enactment of

this Act, the Director shall promulgate and publish in the Federal Register interim final regulations for the processing and

payment of claims under this title.

(2) PUBLIC INFORMATION.—

(A) IN GENERAL.—At the time at which the Director

promulgates regulations under paragraph (1), the Director

79

shall publish, in newspapers of general circulation in the

State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of—

(i) the rights conferred under this title; and

(ii) the procedural and other requirements of the

regulations promulgated under paragraph (1).

(B) DISSEMINATION THROUGH OTHER MEDIA.—The Director shall disseminate the explanation published under

subparagraph (A) through brochures, pamphlets, radio, television, and other media that the Director determines are

likely to reach prospective claimants.

(g) CONSULTATION.—In administering this title, the Director

shall consult with the Secretary of the Interior, the Secretary of Energy, the Secretary of Agriculture, the Administrator of the Small

Business Administration, other Federal agencies, and State, local,

and tribal authorities, as determined to be necessary by the Director

to—

(1) ensure the efficient administration of the claims process;

and

(2) provide for local concerns.

(h) ELECTION OF REMEDY.— (1) IN GENERAL.—An injured person may elect to seek compensation from the United States for one or more injuries resulting from the Cerro Grande fire by—

(A) submitting a claim under this title;

(B) filing a claim or bringing a civil action under

chapter 171 of title 28, United States Code; or

(C) bringing an authorized civil action under any other

provision of law.

(2) EFFECT OF ELECTION.—An election by an injured person

to seek compensation in any manner described in paragraph (1)

shall be final and conclusive on the claimant with respect to all

injuries resulting from the Cerro Grande fire that are suffered

by the claimant.

(3) ARBITRATION.—

(A) IN GENERAL.—Not later than 45 days after the date

of the enactment of this Act, the Director shall establish by

regulation procedures under which a dispute regarding a

claim submitted under this title may be settled by arbitration.

(B) ARBITRATION AS REMEDY.—On establishment of arbitration procedures under subparagraph (A), an injured

person that submits a disputed claim under this title may

elect to settle the claim through arbitration.

(C) BINDING EFFECT.—An election by an injured person

to settle a claim through arbitration under this paragraph

shall—

(i) be binding; and

(ii) preclude any exercise by the injured person of

the right to judicial review of a claim described in subsection (i).

(4) NO EFFECT ON ENTITLEMENTS.—Nothing in this title affects any right of a claimant to file a claim for benefits under

any Federal entitlement program.

(i) JUDICIAL REVIEW.—

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(1) IN GENERAL.—Any claimant aggrieved by a final decision of the Director under this title may, not later than 60 days

after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New

Mexico, to modify or set aside the decision, in whole or in part.

(2) RECORD.—The court shall hear a civil action under

paragraph (1) on the record made before the Director.

(3) STANDARD.—The decision of the Director incorporating

the findings of the Director shall be upheld if the decision is

supported by substantial evidence on the record considered as

a whole.

(j) ATTORNEY’S AND AGENT’S FEES.— (1) IN GENERAL.—No attorney or agent, acting alone or in

combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection

with a claim submitted under this title, fees in excess of 10 percent of the amount of any payment on the claim.

(2) VIOLATION.—An attorney or agent who violates para- graph (1) shall be fined not more than $10,000.

(k) WAIVER OF REQUIREMENT FOR MATCHING FUNDS.— (1) IN GENERAL.—Notwithstanding any other provision of

law, a State or local project that is determined by the Director

to be carried out in response to the Cerro Grande fire under any

Federal program that applies to an area affected by the Cerro

Grande fire shall not be subject to any requirement for State or

local matching funds to pay the cost of the project under the

Federal program.

(2) FEDERAL SHARE.—The Federal share of the costs of a

project described in paragraph (1) shall be 100 percent.

(l) APPLICABILITY OF DEBT COLLECTION REQUIREMENTS.—Section 3716 of title 31, United States Code, shall not apply to any payment under this title.

(m) INDIAN COMPENSATION.—Notwithstanding any other provision of law, in the case of an Indian tribe, a tribal entity, or a member of an Indian tribe that submits a claim under this title—

(1) the Bureau of Indian Affairs shall have no authority

over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim;

(2) the Indian tribe, tribal entity, or member of an Indian

tribe shall be entitled to proceed under this title in the same

manner and to the same extent as any other injured person;

and

(3) except with respect to land damaged by the Cerro

Grande fire that is the subject of the claim, the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Cerro Grande fire.

(n) REPORT.—Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter,

the Director shall submit to Congress a report that describes the

claims submitted under this title during the year preceding the date

of submission of the report, including, for each claim—

(1) the amount claimed;

(2) a brief description of the nature of the claim;

(3) the status or disposition of the claim, including the

amount of any payment under this title; and

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(4) the Comptroller General shall conduct an annual audit

on the payment of all claims made under this title and shall

report to the Congress on the results of this audit beginning not

later than the expiration of the 1-year period beginning on the

date of the enactment of this Act. This report shall include a

review of all subrogation claims for which insurance companies

have been paid or are seeking payment as subrogees under this

title.

(o) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—Notwithstanding any other provision of

law, there are authorized to be appropriated such sums as are

necessary to carry out this Act, to remain available until expended.

(2) FEMA FUNDS.—None of the funds provided to the Federal Emergency Management Agency for the administration of

disaster relief shall be used to carry out this Act.

SEC. 105. APPROPRIATION OF FUNDS.

(a) CERRO GRANDE FIRE ASSISTANCE CLAIMS OFFICE.—

(1) IN GENERAL.—There is appropriated for the Office for

administration of the compensation process under this title up

to $45,000,000, to remain available until expended.

(2) EMERGENCY REQUIREMENT.—The entire amount made

available under subparagraph (A)—

(A) shall be available only to the extent that the President submits to Congress an official budget request for up

to $45,000,000 that includes designation of the entire

amount of the request as an emergency requirement for the

purposes of the Balanced Budget and Emergency Deficit

Control Act of 1985 (2 U.S.C. 900 et seq.); and

(B) is designated by Congress as an emergency requirement under section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985 (2 U.S.C.

901(b)(2)(A)).

(b) CERRO GRANDE FIRE ASSISTANCE.—

(1) IN GENERAL.—There is appropriated for the payment of

claims in accordance with this title up to $455,000,000, to remain available until expended.

(2) EMERGENCY REQUIREMENT.—The entire amount made

available under subparagraph (A)—

(A) shall be available only to the extent that the President submits to Congress an official budget request for up

to $455,000,000 that includes designation of the entire

amount of the request as an emergency requirement for the

purposes of the Balanced Budget and Emergency Deficit

Control Act of 1985 (2 U.S.C. 900 et seq.); and

(B) is designated by Congress as an emergency requirement under section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985 (2 U.S.C.

901(b)(2)(A)).

SEC. 106. PERIOD OF EFFECTIVENESS.

This title shall apply on and after the date of the enactment of

this Act, without regard to any fiscal year.

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TITLE II—CERRO GRANDE FIRE EMERGENCY

SUPPLEMENTAL APPROPRIATIONS

DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

EMERGENCY CONSERVATION PROGRAM

For an additional amount for ‘‘Emergency Conservation Program’’, $10,000,000: Provided, That notwithstanding any other provision of law, these funds shall be available to rehabilitate farmland damaged from fires which resulted from prescribed burnings

conducted by 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.

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DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

CERRO GRANDE FIRE ACTIVITIES

For necessary expenses to remediate damaged Department of

Energy facilities and for other expenses associated with the Cerro

Grande fire, $138,000,000, to remain available until expended: Provided, That the entire amount shall be available only to the extent

an official budget request for $138,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President to

the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended.

DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For an additional amount for ‘‘Operation of Indian Programs’’,

$8,982,000, to remain available until expended, for emergency restoration, rehabilitation, and reforestation of tribal lands and facilities of the Pueblo of Santa Clara and the Pueblo of San Ildefonso

damaged by the Cerro Grande Fire in New Mexico: Provided, That

the entire amount shall be available only to the extent an official

budget request for $8,982,000, that includes designation of the entire amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress

as an emergency requirement pursuant to section 251(b)(2)(A) of

such Act.

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GENERAL PROVISION—THIS TITLE

SEC. 2101. The Secretary of the Interior shall allow enrolled

members of the Pueblo of San Ildefonso and the Pueblo of Santa

Clara to collect plants, including the parts or products thereof, and

mineral resources within the Bandelier National Monument for traditional and cultural uses. All collection activity, except quantity

limitations in current regulations of the National Park Service,

shall be consistent with applicable laws, and shall be subject to

such conditions as the Secretary deems necessary to protect the resources and values of the Monument.

This division may be cited as the ‘‘Cerro Grande Fire Supplemental’’.

And the Senate agree to the same.

For the consideration of the House bill and Division A of

the Senate amendment, and modifications committed to

conference:

DAVID L. HOBSON,

JOHN EDWARD PORTER,

TODD TIAHRT,

JAMES T. WALSH,

DAN MILLER,

ROBERT B. ADERHOLT,

KAY GRANGER,

VIRGIL GOODE, Jr.,

C.W. BILL YOUNG,

JOHN W. OLVER,

CHET EDWARDS,

SAM FARR,

ALLEN BOYD,

NORMAN D. DICKS,

DAVID OBEY,

For the consideration of Division B of the Senate amendment and modifications committed to conference:

C.W. BILL YOUNG,

RALPH REGULA,

JERRY LEWIS,

HAROLD ROGERS,

JOE SKEEN,

SONNY CALLAHAN,

DAVID OBEY,

JOHN MURTHA,

Managers on the Part of the House.

CONRAD BURNS,

KAY BAILEY HUTCHISON,

LARRY CRAIG,

JON KYL,

TED STEVENS,

PATTY MURRAY,

HARRY REID,

DANIEL K. INOUYE,

ROBERT C. BYRD,

Managers on the Part of the Senate.

(85)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 4425) making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year

ending September 30, 2001, and for other purposes, submit the following joint statement to the House and the Senate in explanation

of the effects of the action agreed upon by the managers and recommended in the accompanying conference report.

This conference report includes fiscal year 2000 supplemental

appropriations, as included in the Senate amendment, in addition

to military construction appropriations for fiscal year 2001. The

conference report is organized with Division A containing fiscal

year 2001 military construction appropriations, Division B containing fiscal year 2000 supplemental appropriations, and Division

C containing fiscal year 2000 supplemental appropriations and authorization for Cerro Grande Fire recovery activities necessitated

by this devastating fire that occurred recently near Los Alamos,

New Mexico.

This conference agreement addresses some activities that were

not technically in conference. The House had passed H.R. 3908 that

included its version of supplemental appropriations. The Senate reported S. 2536, which included several other supplemental appropriations in addition to the ones included in the amendment to this

bill. The Senate also has taken action on S. 2522, which includes

additional supplemental appropriations. The conferees have attempted to address many of the fiscal year 2000 supplemental appropriations in this conference.

DIVISION A—FISCAL YEAR 2001 MILITARY CONSTRUCTION

APPROPRIATIONS

ITEMS OF GENERAL INTEREST

Matters Addressed by Only One Committee.—The language and

allocations set forth in House Report 106–614 and Senate Report

106–290 should be complied with unless specifically addressed to

the contrary in the conference report and statement of the managers. Report language included by the House which is not changed

by the report of the Senate or the conference, and Senate report

language which is not changed by the conference is approved by

the committee of conference. The statement of the managers, while

repeating some report language for emphasis, does not intend to

negate the language referred to above unless expressly provided

herein. In cases in which the House or the Senate has directed the

submission of a report from the Department of Defense, such report

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is to be submitted to both House and Senate Committees on Appropriations.

Contingency Funding.—The Department of Defense requested

no contingency funding for military construction and family housing projects in the fiscal year 2001 budget request. The conferees

believe that some level of contingency funding is essential for the

efficient and cost-effective completion of these projects. If the Department loses this funding flexibility, it will be incapable of supporting requirements generated by unforeseen needs, such as environmental and regulatory requirements, unanticipated subsurface

conditions and changes in bid climate. As a result, the conferees direct the Department to include 5 percent contingency funding when

requesting construction funds in the fiscal year 2002 budget submission and for future year projects.

Financial Management.—The conferees agree that the rescission of funds included in the conference agreement are based on

large prior year unobligated balances and such factors as savings

through favorable bids, reduced overhead costs, downsizing or cancellation due to force structure changes (if any), other administrative cost reduction initiatives, revised economic assumptions, and

inflation re-estimates. The conferees direct that no project for

which funds were previously appropriated, or for which funds are

appropriated in this bill, may be canceled as a result of the reductions included in the conference agreement.

Foreign Currency Fluctuations, Construction, Defense.—Due to

the U.S. dollar significantly improving over prior fiscal years and

for other reasons, the amounts available in the ‘‘Foreign Currency

Fluctuations, Construction, Defense’’ account exceed those necessary to eliminate losses due to unfavorable fluctuations in foreign

currency exchange rates. Accordingly, the conferees include a provision (Section 132) which rescinds $83,000,000 from this account.

The conferees also include a total reduction of $43,852,000 to the

following appropriations because the U.S. dollar has significantly

improved against most foreign currencies than the Department of

Defense predicted when it submitted its fiscal year 2001 budget:

Account Amount

Military Construction, Army ................................................................. ¥$635,000

Military Construction, Navy ................................................................. ¥2,889,000

Military Construction, Defense-Wide ................................................... ¥7,115,000

Family Housing, Army .......................................................................... ¥19,911,000

Family Housing, Navy and Marine Corps ........................................... ¥1,071,000

Family Housing, Air Force .................................................................... ¥12,231,000

Total ...................................................................................... ¥43,852,000

Joint Use Facilities.—The conferees support joint use of facilities between the various components of the Defense Department.

Joint use facilities can optimize military construction and operation

and maintenance funds while enhancing joint training and the

total force concept. Beginning with the fiscal year 2003 budget submission, the conferees direct that any Form 1390/1391, which is

presented as justification material, shall include certification by the

originating installation commander. The certification will include

information that the project has been considered and reviewed for

joint use potential, a recommendation for either joint use or unilateral construction, and the reasons(s) for that recommendation if

joint use is not recommended. This certification is to be reviewed

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by the Under Secretary of Defense (Comptroller) during the budget

review to ensure impartial review.

Proposed Financing of Current Year Programs Via Prior Year

Savings.—The budget request for fiscal year 2001 proposed partial

financing of current year programs via prior year savings, as follows:

Account/Location Project description Authorization Appropriation

Military Construction, Navy:

District of Columbia: Naval Research

Lab.

Nano-Science Research Facility .................... $12,390,000 0

Texas: Kingsville Naval Air Station ....... Aircraft Parking Apron ................................... 2,670,000 0

North Carolina: Camp Lejuene MCB ..... Armories ......................................................... 14,000,000 $10,000,000

Italy: Sigonella Naval Air Station ......... Community Facilities ..................................... 32,969,000 32,029,000

Total .................................................. ........................................................................ 62,029,000 42,029,000

If program execution has resulted in identifiable prior year

savings within individual projects, the correct financing method is

to detail such savings and to request rescissions of funds by account and by fiscal year. The conferees direct the Under Secretary

of Defense (Comptroller) to follow the conventional rescission procedure in future budget submissions.

Quadrennial Defense Review.—The conferees are concerned

with the Defense Department’s declining investments in the construction, replacement, and revitalization of facilities. Therefore,

the conferees strongly support the language included in House Report 106–614 on the Quadrennial Defense Review. The conferees

expect the Congressionally mandated Quadrennial Defense Review

to include a thorough review of the Defense Department’s basing

capacity, outsourcing strategy, and military construction requirements and related facilities restoration and modernization programs.

Real Property Maintenance: Reporting Requirement.—The conferees agree to the following general rules for repairing a facility

under Operation and Maintenance funding:

Components of the facility may be repaired by replacement,

and such replacement can be up to current standards or code.

Interior arrangements and restorations may be included as repair, but additions, new facilities, and functional conversions must

be performed as military construction projects.

Such projects may be done concurrent with repair projects, as

long as the final conjunctively funded project is a complete and usable facility.

The appropriate Service Secretary shall submit a 21-day notification prior to carrying out any repair project with an estimated

cost in excess of $7,500,000.

Reprogramming Criteria.—The conferees believe there is a

need to clarify the rules for military construction and family housing reprogrammings. A project or account (including the sub-elements of an account) which has been specifically reduced by the

Congress in acting on the appropriation request is considered to be

a congressional interest item. A prior approval reprogramming is

required for any increase to an item that has been specifically reduced by the Congress. Consequently, there can be no below

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threshold reprogrammings to an item specifically reduced by the

Congress.

Furthermore, in instances where a prior approval reprogramming request for a project or account has been approved becomes

the new base for any future increase or decrease via a below

threshold reprogramming (provided that the project or account is

not a congressional interest item).

Alkali Silica Reactivity.—The conferees continue to be concerned about the effects of Alkali Silica Reactivity (ASR) on Department of Defense concrete facilities including aprons, taxiways, runways and tarmacs. The conferees direct the Under Secretary of Defense for Acquisition, Technology and Logistics to assess the overall

condition of Department of Defense facilities and infrastructure

with respect to ASR. This review should also address the Department’s long-term strategy and recommendations to manage this

issue. These findings should be provided to the congressional defense committees not later than May 1, 2001.

MILITARY CONSTRUCTION, ARMY

The conference agreement appropriates $909,245,000 for Military Construction, Army, instead of $869,950,000 as proposed by

the House, and $823,503,000 as proposed by the Senate. Within

this amount, the conference agreement earmarks $109,306,000 for

study, planning, design, architect and engineer services, and host

nation support instead of $99,961,000 as proposed by the House

and $84,706,000 as proposed by the Senate.

Kansas—Fort Leavenworth: Bell Hall.—The conferees note the

deteriorating condition of Bell Hall, the central academic and instructional facility of the Army’s Command and General Staff College. The cost to maintain the current physical plant is no longer

cost effective and its communications capabilities are significantly

constrained. The conferees encourage the Army to include this replacement in the fiscal year 2002 budget submission.

New York—U.S. Military Academy: Multimedia Learning Centers.—Within funds provided for unspecified minor construction,

the conferees direct the Army to execute a project in the amount

of $500,000 to provide Multimedia Learning Centers at the United

States Military Academy in New York.

Pennsylvania—Letterkenny Army Depot: Missile Igloo Modifications.—Of the additional funding provided for planning and design,

the conferees direct that not less than $112,000 be made available

for the design of this facility.

Virginia—Fort Belvoir: Potomac Heritage National Scenic

Trail.—Within the additional funds provided for unspecified minor

construction, the conferees direct the Army to provide not less than

$500,000 for the multi-use trail system at Fort Belvoir in Virginia.

Washington-Fort Lewis: Vancouver Barracks.—Within the additional funds provided for unspecified minor construction, the conferees direct the Army to provide not less than $1,500,000 for the

protection of historic facilities at the Vancouver Barracks at Fort

Lewis in Washington.

89

MILITARY CONSTRUCTION, NAVY

The conference agreement appropriates $928,273,000 for Military Construction, Navy, instead of $891,380,000 as proposed by

the House, and $828,278,000 as proposed by the Senate. Within

this amount, the conference agreement earmarks $73,335,000 for

study, planning, design, architect and engineer services instead of

$67,502,000 as proposed by the House and $71,000,000 as proposed

by the Senate.

California—North Island Naval Air Station: Transportation Infrastructure.—The conferees do not expect the Navy to begin design

of a project to alleviate traffic flow problems at North Island Naval

Air Station. The scope of the project is far reaching and involves

traffic considerations that fall beyond the Navy mission. Therefore,

planning and design funds are not the proper source of funds to determine the project requirements (10 U.S.C. 2807).

MILITARY CONSTRUCTION, AIR FORCE

The conference agreement appropriates $870,208,000 for Military Construction, Air Force, instead of $703,903,00 as proposed by

the House, and $777,793,000 as proposed by the Senate. Within

this amount, the conference agreement earmarks $74,628,000 for

study, planning, design, architect and engineer services instead of

$56,949,000 as proposed by the House and $69,337,000 as proposed

by the Senate.

Air Force Electronic Warfare Evaluation Simulator.—The conferees are aware of an Air Force effort to develop a plan to relocate

the Air Force Electronic Warfare Evaluation Simulator (AFEWES)

from Air Force Plant 4 to the Air Force Flight Test Center. Government studies, including the 1995 Base Realignment and Closure

Commission and a 1997 GAO report, all highlight the absence of

cost/capability rationale to justify such a relocation. For these reasons, and to ensure that prudent future expenditure of military

construction funds, the conferees encourage the Air Force to include a comprehensive cost/benefit analysis and standard return on

investment criteria in the relocation study now being performed.

Because AFEWES specialized test capabilities are a vital element

of our national defense posture, study findings should also demonstrate the technical and cost merits of relocation to the Air Force

Flight Test Center. The Secretary of the Air Force is to review this

matter and report to the House and Senate Appropriations Committees no later than February 28, 2001.

Delaware—Dover AFB: Control Tower.—The conferees note

that the control tower at Dover AFB is antiquated, inadequately

sited, and lacks modern air traffic control equipment. Given the activity level and mission critical nature of this base, the project appears to be an excellent candidate for the President’s fiscal year

2002 budget. Accordingly, the conferees urge the Secretary of the

Air Force to review this project, and to expedite its advancement

into the fiscal year 2002 budget.

MILITARY CONSTRUCTION, DEFENSE-WIDE

The conference agreement appropriates $814,647,000 for Military Construction, Defense-wide, instead of $800,314,000 as proVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00089 Fmt 6601 Sfmt 6601 E:\HR\OC\HR710.054 pfrm03 PsN: HR710
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posed by the House, and $801,098,000 as proposed by the Senate.

Within this amount, the conference agreement earmarks

$77,505,000 for study, planning, design, architect and engineer

services as proposed by the House instead of $163,700,000 as proposed by the Senate.

Chemical Demilitarization Program.—The budget request proposes funding the construction of chemical weapon demilitarization

facilities under the ‘‘Military Construction, Army’’ account. As in

prior years, the conferees recommend that this funding be appropriated under the ‘‘Military Construction, Defense-wide’’ account, in

order to facilitate the tracking of expenses for the Chemical Demilitarization Program, and to avoid distorting the size of the Army’s

military construction program.

The conference agreement provides $175,400,000 for the chemical demilitarization program to fully fund all requested projects for

fiscal year 2001. However, the conferees continue to be concerned

over the extremely slow obligation and expenditure rates for the

program due to significant delays at most of the sites that are currently being constructed. Therefore, the conferees include a general

reduction of $20,000,000 against the entire program.

Department of Defense Education Activity (DODEA).—The conferees strongly support DODEA initiatives to increase the half-day

kindergarten program to full day in overseas schools and reduce

class size in grades 1–3 to an average of 18 students to 1 teacher.

These educational initiatives are valued and supported by the military community as a critical element of its quality of life and readiness. Because these initiatives require substantial funding to modernize school facilities, the conference agreement provides an additional $11,852,000 for the DODEA military construction program.

Additional funding is provided for the following projects:

Location Project title Request Recommendation

Germany: Hanau ............................................. Elementary School Classroom Addition ......... $1,026,000 $2,030,000

Germany: Schweinfurt .................................... Elementary School Classroom Addition ......... 1,444,000 1,750,000

Germany: Wuerzburg ...................................... Elementary School Classroom Addition ......... 1,798,000 2,635,000

Italy: Sigonella ............................................... Elementary/High School Classroom Addition 971,000 3,450,000

Korea: Osan .................................................... Elementary School Classroom Addition ......... ...................... 892,000

Korea: Seoul ................................................... Elementary School Classroom Addition ......... ...................... 2,451,000

Korea: Taegu .................................................. Elementary/High School Classroom Addition ...................... 806,000

United Kingdom: RAF Feltwell ........................ Elementary School Classroom Addition ......... 1,287,000 1,800,000

United Kingdom: RAF Lakenheath ................. Elementary School Classroom Addition ......... 3,086,000 5,650,000

Total ........................................................... ........................................................................ 9,612,000 21,464,000

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

The conference agreement appropriates $281,717,000 for military Construction, Army National Guard, instead of $137,603,000

as proposed by the House, and $233,675,000 as proposed by the

Senate.

California-Bakersfield: Readiness Center.—Of the additional

funding provided for planning and design, the conferees direct that

not less than $500,000 be made available for the design of this facility.

California-Los Alamitos: Joint Headquarters Building.—House

Report 106–614 included language directing the Army Reserve to

91

accelerate the design of this facility and include the required construction funding in its fiscal year 2002 budget request. The Army

National Guard should be the lead proponent for the facility.

Therefore, the conferees direct the Army National Guard to accelerate the design of the Joint Headquarters Building in Los

Alamitos, California and to include the required construction funding in its fiscal year 2002 budget request.

California-National Guard Facilities.—The Army National

Guard requested nine location changes to the budget submission

for the state of California. The changes will provide a more centralized vehicle maintenance management system. After design of the

budgeted projects began, the Army National Guard realized the existing locations were unsuitable and further facility investment

would prove unwise. Accordingly, the conferees recommend the following location changes:

(1) The project titles budgeted for Bakersfield, Escondido, Richmond, San Jose, San Mateo, and Santa Barbara are moved to

Camp Parks.

(2) The project titles budgeted for Colton, Fresno, and Los

Alamitos are moved to Fresno.

Iowa-Fairfield: Readiness Center Addition.—Within the additional funds provided for unspecified minor construction, the conferees direct the Army National Guard to provide not less than

$1,066,000 for an addition to the readiness center at Fairfield,

Iowa.

Missouri—Fort Leonard Wood: Army Aviation Support Center.—In the Senate report 106–290, the Army Aviation Support

Center at Fort Leonard Wood was incorrectly identified as an unspecified minor construction project. This project should be executed with funds made available for planning and design.

Nevada—Carson City: Readiness Center.—The conferees are

concerned that the cost of the Readness Center in Carson City, Nevada has increased due to changes in criteria directed by the National Guard Bureau. Funding for this project was appropriated in

fiscal year 1999. The conferees direct the National Guard Bureau

to ensure that adequate additional funding is provided to the Nevada National Guard to complete this project.

Oregon—Eugene: Armed Forces Reserve Center Complex.—The

number one priority for the Oregon National Guard is to replace

a 66-year-old facility in Eugene which is considered undersized by

Naval Reserve/Marine Corps standards. The buildings have deteriorated extensively and are substandard with respect to size and

level of serviceability of the building. The consolidation will provide

savings of about $1,400,000 in direct construction costs and will reduce the operations and maintenance burden by at least 20 percent

annually. The conferees encourage the National Guard to complete

the design and to include this project in its fiscal year 2002 budget

request.

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

The conference agreement appropriates $203,829,000 for Military Construction, Air National Guard, instead of $110,585,000 as

proposed by the House, and $183,029,000 as proposed by the Senate.

92

Connecticut—Orange Air National Guard Station: Air Control

Squadron Complex.—Although the conferees were unable to fund

this project due to funding constraints, the conferees strongly urge

the Air National Guard to include this project in its fiscal year

2002 budget submission.

MILITARY CONSTRUCTION, ARMY RESERVE

The conference agreement appropriates $108,738,000 for Military Construction, Army Reserve, instead of $115,854,000 as proposed by the House, and $99,888,000 as proposed by the Senate.

New Jersey—Fort Dix: Barracks.—Of the $11,900,000 provided

for planning and design within the ‘‘Army Reserve’’ amount, the

conferees direct that not less than $900,000 be made available for

the design of this facility.

Utah—S.A. Douglas Armed Forces Reserve Center: Parking and

Site Improvements.—The conferees direct the Army Reserve to execute a project to provide parking and site improvements at the S.A.

Douglas Armed Forces Reserve Center in Utah using funds available for unspecified minor construction. The estimated cost of this

project is $700,000.

MILITARY CONSTRUCTION, NAVAL RESERVE

The conference agreement appropriates $64,473,000 for Military Construction, Naval Reserve, instead of $53,004,000 as proposed by the House, and $38,532,000 as proposed by the Senate.

Rescission of Funds.—The conferees rescind $2,400,000 appropriated under the ‘‘Military Construction, Naval Reserve’’ account

in the fiscal year 1998 Military Construction Appropriations Act

(Public Law 105–45). These are funds which remain unobligated

from the renovation of Building 1900 at the Westover Air Force Reserve Base in Massachusetts. The project was halted due to escalating costs in connection with asbestos and other environmental

problems.

MILITARY CONSTRUCTION, AIR FORCE RESERVE

The conference agreement appropriates $36,591,000 for Military Construction, Air Force Reserve, instead of $43,748,000 as

proposed by the House, and $25,533,000 as proposed by the Senate.

NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM

The conference agreement appropriates $172,000,000 for the

North Atlantic Treaty Organization Security Investment Program

(NSIP), instead of $177,500,000 as proposed by the House, and

$175,000,000 as proposed by the Senate.

FAMILY HOUSING, ARMY

The conference agreement appropriates $235,956,000 for Construction, Family Housing Army, instead of $198,505,000 as proposed by the House and $221,106,000 as proposed by the Senate.

The conference agreement appropriates $951,793,000 for Operation and Maintenance, Family Housing, Army, instead of

93

$953,744,000 as proposed by the House and $958,364,000 as proposed by the Senate.

The conference agreement appropriates a total of

$1,187,749,000 for Family Housing, Army, instead of

$1,152,249,000 as proposed by the House and $1,179,470,000 as

proposed by the Senate.

FAMILY HOUSING, NAVY AND MARINE CORPS

The conference agreement appropriates $418,155,000 for Construction, Family Housing, Navy and Marine Corps, instead of

$419,584,000 as proposed by the House and $392,765,000 as proposed by the Senate.

The conferees direct that the following projects are to be accomplished within the increased amount provided for construction

improvements:

California—Camp Pendelton (98 units) ............................................... $9,030,000

District of Columbia: 8th and I Marine Barracks (1 unit) ................. 500,000

The conference agreement appropriates $881,567,000 for Operation and Maintenance, Family Housing, Navy and Marine Corps,

as proposed by the Senate instead of $879,208,000 as proposed by

the House.

The conference agreement appropriates a total of

$1,299,722,000 for Family Housing, Navy and Marine Corps, instead of $1,298,792,000 as proposed by the House and

$1,274,332,000 as proposed by the Senate.

California—Mission Trails Regional Park.—The conferees include a new provision (Section 133) which amends Section 131 of

the fiscal year 1988 Military Construction Appropriations Act (Public Law 100–202). The new provision allows the Secretary of the

Navy to use proceeds from the conveyance of real property in the

Mission Trails Regional Park area, for the acquisition of military

family housing in the San Diego area through the use of privatization authorities contained in subchapter IV of chapter 169 of title

10. In addition, the new provision permits the transfer of proceeds

into the Department of Defense Family Housing Improvement

Fund.

FAMILY HOUSING, AIR FORCE

The conference agreement appropriates $251,982,000 for Construction, Family Housing, Air Force, instead of $241,384,000 as

proposed by the House and $227,242,000 as proposed by the Senate.

The conference agreement appropriates $820,879,000 for Operation and Maintenance, Family Housing, Air Force, as proposed by

the House and Senate.

The conference agreement appropriates a total of

$1,072,861,000 for Family Housing, Air Force, instead of

$1,062,263,000 as proposed by the House and $1,048,121,000 as

proposed by the Senate.

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FAMILY HOUSING, DEFENSE-WIDE

The conference agreement appropriates $44,886,000 for Construction, Family Housing, Defense-wide, as proposed by the House

and Senate.

DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

The conference agreement provides no appropriation for the

Department of Defense Family Housing Improvement Fund, as proposed by the House and Senate. Transfer authority is provided for

the execution of any qualifying project under privatization authority, which resides in the Fund.

Contractor Support for Family Housing Privatization.—The

conferees are concerned about the Army spending excessive

amounts on contractor support to evaluate and develop family

housing privatization proposals. Therefore, the Deputy Under Secretary of Defense (Installations) is to review quarterly, and report

to the appropriate Committees of Congress, the expenses of each

component to ensure excessive amounts are not being spent on contractor support.

In the future, amounts appropriated into the Family Housing

Improvement Fund will be the sole source of funds to finance the

operation of the former Housing Revitalization Support Office. It is

the conferees’ intent that Family Housing funds will be the sole

source of funds to develop, evaluate, and oversee privatization

deals. The conferees direct the Under Secretary of Defense (Comptroller) to determine if these funds are best appropriated out of

Family Housing Operation and Maintenance or Family Housing

Planning and Design and to provide consistency among the Services in the fiscal year 2002 budget submission. In addition, these

funds will be separately identified and justified as a sub-element

account. This sub-element is considered a congressional interest

item and may not be increased from the amount enacted without

the prior approval of the Committees on Appropriations.

Reporting Requirements.—The conferees are concerned that the

21-day period of review prior to entering a privatization contract is

too limited, and is extending this review period to a 45-day period.

The Service Secretary concerned may not enter into any contract

until after the end of the 45-day period beginning on the date the

Secretary concerned submits written notice of the nature and terms

of the contract to the appropriate committees of Congress.

To clarify existing reporting requirements, this 45-day notification requirement applies to any project, regardless of whether it is

financed entirely by transfer of funds into the Family Housing Improvement Fund, or it is fully financed within funds available in

the Family Housing Improvement Fund, or it is funded by combining transferred funds with funds available in the Family Housing Improvement Fund.

In addition, no transfer of appropriated funds into the account

may take place until after the end of the 45-day period beginning

on the date the Secretary of Defense submits written notice and

justification for the transfer to the appropriate committees of Congress. The House and Senate Appropriations Committees expect to

receive prior notification of all such transfers of funds.

95

The Department is to continue its quarterly reports on the status of privatization projects.

BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV

The conference agreement appropriates $1,024,369,000 for the

Base Realignment and Closure Account, Part IV, instead of

$1,174,369,000 as proposed by the House and Senate.

Unliquidated Obligations.—The conferees recommend a reduction of $150,000,000 to the Base Realignment and Closure Account,

Part IV. This reduction is based on slow budget execution and large

amounts of unliquidated obligations. At the time the fiscal year

2001 budget estimate was being developed, the Department had

$1,600,000,000 in reported unliquidated obligations in the Base Realignment and Closure account. Of this amount, $115,000,000 was

appropriated prior to fiscal year 1995. The majority of the unliquidated funds resulted from environmental cleanup activities that

were carried out more slowly than planned or determined not to be

necessary.

California—Fort Ord: Thermochemical Conversion.—The conferees are concerned about the environmental challenges associated

with the base closure re-use issues at Fort Ord in California and

the disposal of asbestos, PCB, impregnated asbestos, lead-based

paint and other hazardous construction material. The conferees are

aware of a cost-competitive environmentally safe process that offers

great potential for addressing the unique problems at Fort Ord.

This thermochemical conversion process, which changes asbestos

and other construction material to a non-hazardous mineral, has

been demonstrated by the Department of Energy, validated by the

Navy at the Puget Sound Naval Shipyard in Washington and approved by the Environmental Protection Agency. Accordingly, the

conferees direct the Department of the Army to develop and operate a thermochemical conversion pilot plant at Fort Ord for remediation of hazardous material generated by the activities of the Fort

Ord Re-use Authority.

Construction Projects: Administrative Provision.—The conferees

agree that any transfer of funds which exceeds reprogramming

thresholds for any construction project financed by any Base Realignment and Closure Account shall be subject to a 21-day notification to the Committees, and shall not be subject to reprogramming procedure.

GENERAL PROVISIONS

The conference agreement includes general provisions that

were not amended by either the House or Senate in their versions

of the bill.

The conference agreement includes a provision, Section 121, as

proposed by the House, which prohibits the expenditure of funds

except in compliance with the Buy American Act. The Senate bill

contained no similar provision.

The conference agreement includes a provision, Section 122, as

proposed by the House, which states the Sense of the Congress that

recipients of equipment or products authorized to be purchased

with financial assistance provided in this Division are to be notified

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that they must purchase American-made equipment and products.

The Senate bill contained no similar provision.

The conference agreement includes a provision, Section 123, as

proposed by the House, permitting the transfer of funds from Family Housing, Construction accounts to the DOD Family Housing Improvement Fund. The Senate bill contained no similar provision.

The conference agreement includes a provision renumbered

Section 124, as proposed by the House and the Senate, to prohibit

the use of funds in this Division to be obligated for Partnership for

Peace programs in the New Independent States of the former Soviet Union.

The conference agreement includes a provision renumbered

Section 125, as proposed by the House and the Senate, which requires the Secretary of Defense to notify Congressional Committees

sixty days prior to issuing a solicitation for a contract with the private sector for military family housing.

The conference agreement includes a provision renumbered

Section 126, as proposed by the House and the Senate, which provides transfer authority to the Homeowners Assistance Program.

The conference agreement includes a provision, Section 127, as

proposed by the House, regarding funding for general officers quarters and maintenance. The Senate bill contained a similar provision.

The conference agreement includes a provision, Section 128, as

proposed by the House, regarding family housing master plans. The

Senate bill contained no similar provision.

The conference agreement includes a provision, renumbered

Section 129, as proposed by the Senate amended to reduce previous

Acts by $100,000,000. The House bill contained no similar provision.

The conference agreement includes a provision, renumbered

Section 130, as proposed by the House which allows the transfer

of funds appropriated in Public Law 106–52 under the heading

‘‘Military Construction, Naval Reserve’’ or ‘‘Military Construction,

Navy.’’ The Senate bill contained a similar provision.

The conference agreement includes a provision, renumbered

Section 131, as proposed by the Senate, which allows the Army to

accept funds from the Federal Highway Administration for a military construction project involving a rail connector at Fort Campbell in Kentucky. The House bill contained no similar provision.

The conference agreement includes a provision, Section 132

which rescinds $83,000,000 from the ‘‘Foreign Currency Fluctuations, Construction, Defense’’ account. The House and Senate bill

contained no similar provision.

The conference agreement includes a provision, Section 133,

which amends Section 131 of the Military Construction Appropriations Act, 1988 (Public Law 100–202). The House and Senate bill

contained no similar provision.

The conference agreement includes a provision, Section 134,

amending the Woodrow Wilson Memorial Bridge Authority Act of

1995 (112 Stat. 160). The House and Senate bill contained no similar provision.

The conference agreement includes a provision, Section 135,

authorizing the use of private donations for the purpose of renVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00096 Fmt 6601 Sfmt 6601 E:\HR\OC\HR710.059 pfrm03 PsN: HR710
97

ovating the Marine Corps’ historic residences. This provision requires a thirty-day notification to the appropriate committees of the

Congress prior to the use of such funds.

The conference agreement includes a provision, Section 136, revising Section 8168 of the Department of Defense Appropriations

Act, 2000 (Public Law 106–79) to clarify reporting requirements

placed on the Department of the Air Force. This provision was included in Division B of the Senate bill. The House bill contained

no similar provision.

The conference agreement includes a provision, Section 137,

providing further guidance to the Department of Defense concerning planning and design impacting the Naval Submarine Base,

Bangor, Washington. This provision was included in Division B of

the Senate Bill. The House bill contained no similar provision.

The conference agreement includes a provision, Section 138,

limiting appropriations for the Cadet Physical Development Center

at the Military Academy, West Point, New York to $77,500,000.

The conferees direct that any further requirements be funded

though private donations. The Secretary of the Army is directed to

notify the appropriate committees of Congress thirty days prior to

the use of private donations for this project. The House and Senate

bills contained no similar provision.

The conference agreement includes a provision, Section 139, requiring the Secretary of Defense to report on the construction, security and operations of the Forward Operating Locations (FOL’s)

in Manta, Ecuador, Aruba, Curacao and El Salvador. The Senate

bill contained a similar provision in Division B. The House bill contained no similiar provision.

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year

2001 recommended by the Committee of Conference, with comparisons to the fiscal year 2000 amount, the 2001 budget estimates,

and the House and Senate bills for 2001 follow:

[In thousands of dollars]

New budget (obligational) authority, fiscal year 2000 .................................. $8,374,000

Budget estimates of new (obligational) authority, fiscal year 2001 ............ 8,033,908

House bill, fiscal year 2001 ............................................................................. 8,634,000

Senate bill, fiscal year 2001 ............................................................................ 8,634,000

Conference agreement, fiscal year 2001 ........................................................ 8,833,908

Conference agreement compared with: ..........................................................

New budget (obligational) authority, fiscal year 2000 .......................... +459,908

Budget estimates of new (obligational) authority, fiscal year 2001 ..... +800,000

House bill, fiscal year 2001 ...................................................................... +199,908

Senate bill, fiscal year 2001 ..................................................................... +199,908

DIVISION B—FISCAL YEAR 2000 SUPPLEMENTAL

APPROPRIATIONS

Report language included by the House in the report accompanying H.R. 3908 (H. Rept. 106–521) which is not changed by the

Senate in the report accompanying S. 2522 (S. Rept. 106–291), and

the report accompanying S. 2536 (S. Rept. 106–288), and Senate report language which is not changed by the conference are approved

by the committee of conference. The statement of managers while

repeating some report language for emphasis, is not intended to negate the language referred to above unless expressly provided herein.

TITLE I—KOSOVO AND OTHER NATIONAL SECURITY

MATTERS

CHAPTER 1

DEPARTMENT OF DEFENSE—MILITARY

CONTINGENCY OPERATIONS AND OTHER REQUESTED FUNDING

The President requested $2,190,800,000 in emergency supplemental appropriations for the unfunded fiscal year 2000 costs of

overseas contingency operations, damages sustained at Department

of Defense facilities resulting from natural disasters, and other requirements. The conferees recommend $2,291,626,000 in emergency

supplemental appropriations to meet these needs, as detailed by

category and the applicable appropriations accounts in the following table.

[In thousands of dollars]

Request House Senate Conference

Natural Disaster Damage:

Operation and Maintenance, Army ....................................... 0 19,532 23,883 23,883

Operation and Maintenance, Navy ....................................... 0 20,565 20,565 20,565

Operation and Maintenance, Marine Corps .......................... 0 37,155 37,155 37,155

Operation and Maintenance, Air Force ................................. 0 30,065 38,065 38,065

Operation and Maintenance, Defense-Wide ......................... 27,400 0 0 0

Operation and Maintenance, Army Reserve ......................... 0 2,174 2,174 2,174

Operation and Maintenance, Army National Guard ............. 0 2,851 2,851 2,851

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[In thousands of dollars]

Request House Senate Conference

Defense Health Program ....................................................... 0 3,533 3,533 3,533

Total .................................................................................. 27,400 115,875 128,226 128,226

Overseas Contingency Operations and other requirements:

Operation and Maintenance, Defense-Wide ......................... 40,000 40,000 40,000 40,000

Overseas Contingency Operations Transfer Fund ................. 2,050,400 2,050,400 1,850,400 2,050,400

Aircraft Procurement, Air Force ............................................ 73,000 73,000 73,000 73,000

Total .................................................................................. 2,163,400 2,163,400 1,963,400 2,163,400

Grand Total ....................................................................... 2,190,800 2,279,275 2,091,626 2,291,626

CLASSIFIED PROGRAMS

In conjunction with the submission of the fiscal year 2001

budget request, the President requested fiscal year 2000 emergency

supplemental appropriations for a number of classified activities.

In addition, on May 18, 2000, the Director of the Office of Management and Budget forwarded to the Congress a classified request regarding proposed fiscal year 2000 funding adjustments in support

of counter-terrorism activities. The conferees’ recommendations regarding these requests are summarized in a classified annex to this

statement of managers.

SHARED RECONNAISSANCE POD (SHARP)

The conferees agree with the House language concerning the

synthetic aperture radar (SAR) project within the SHARP program.

The conferees do not agree to the House language regarding enhancements to the TARPS–CD system to meet future fleet operational requirements.

GENERAL PROVISIONS, THIS CHAPTER

The conferees agree to retain section 101, as proposed by the

House, which provides the Department of Defense authority to pay

service members Basic Allowance for Housing at the rates in effect

on December 31, 1999 during fiscal year 2000.

The conferees agree to retain section 102, as proposed by the

House, which provides $1,556,200,000 in emergency appropriations

for the ‘‘Defense-Wide Working Capital Fund’’ due to increases in

the price of bulk fuel.

The conferees agree to retain and amend section 103, as proposed by the House, and provide $90,000,000 in new appropriations

for tactical aviation shortfalls identified by the Air Force during

execution of the fiscal year 2000 budget. These funds are fully offset by rescissions in section 123 of this chapter.

The conferees agree to retain and amend section 104, as proposed by the House, and provide $163,700,000 in new appropriations for procurement of M1A2 tank upgrades. This amount includes $125,000,000 as recommended in the House-passed bill and

an additional $38,700,000 as proposed in DoD reprogramming request FY 00–21PA. The reprogramming request is hereby denied

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as it has been obviated by this Act. These funds are fully offset by

rescissions in section 123 of this chapter.

The conferees agree to retain and amend section 105 and 106, as proposed by the House, and recommend $615,600,000 in emergency appropriations and requisite legal authority to cover unfunded requirements of the Defense Health Program, including

TRICARE claims for fiscal years 1998, 1999, and 2000. The conferees also agree to retain section 107, as proposed by the Senate,

which provides $695,900,000 in emergency appropriations for additional unfunded requirements of the Defense Health Program.

[In thousands of dollars]

DHP funding House Senate Conference

TRICARE:

Claims ........................................................................................................ 854.5 .................... 615.6

FY 98 ................................................................................................. (34.6) .................... (34.6)

FY 99 ................................................................................................. (55.7) .................... (55.7)

FY 00 ................................................................................................. (297.3) .................... (297.3)

FY 01 ................................................................................................. (238.9) .................... .....................

Other Requirements ................................................................................... (228.0) .................... (228.0)

Additional DHP Requirements ............................................................................. 750.0 695.9 695.9

Total, Defense Health Program ............................................................. 1,604.5 695.9 1,311.5

The conferees continue to be concerned about violations of the

Department’s financial regulations and potential violations of the

Anti-Deficiency Act in the administration and execution of the

TRICARE program. Therefore, the conferees direct the DoD Inspector General, in coordination with the General Accounting Office

(GAO), to conduct an investigation into the execution and administration of DHP funds. The investigation should examine: possible

violations of the Anti-Deficiency Act; evasion of DoD financial regulations; and the overall management of the TRICARE program.

The conferees further direct the Department to provide a report to

the congressional defense committees within sixty days after the

enactment of this Act regarding the extent and scope of any violations of fiscal law or departmental regulations.

The conferees agree to retain and amend section 108, as proposed by the House, which provides $27,000,000 in emergency appropriations for the Basic Allowance for Housing program.

The conferees agree to retain and amend section 109, as proposed by the House, which provides $357,288,000 in emergency appropriations to address shortfalls in military personnel, recruiting,

advertising, and retention programs. The conferees direct that of

the amount provided in this section, $73,826,000 in the military

personnel accounts and $80,062,000 in the operation and maintenance accounts shall be immediately available for obligation to

meet requirements identified by the Under Secretary of Defense

(Comptroller) in his June 12, 2000 submission of DD Form 1415–

1 to the congressional defense committees. The remaining funds,

shown below by appropriations account, shall be withheld from obligation until 30 days following written notification to the Committees on Appropriations regarding the proposed specific distribution

of funds by the Department:

Military Personnel, Army ...................................................................... $71,000,000

Military Personnel, Navy ...................................................................... 23,500,000

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Military Personnel, Marine Corps ........................................................ 4,000,000

Military Personnel, Air Force ............................................................... 7,500,000

Reserve Personnel, Army ...................................................................... 12,400,000

National Guard Personnel, Army ......................................................... 12,000,000

Operation and Maintenance, Army ...................................................... 15,000,000

Operation and Maintenance, Marine Corps ........................................ 8,100,000

Operation and Maintenance, Air Force ............................................... 8,200,000

Operation and Maintenance, Army Reserve ....................................... 12,000,000

Operation and Maintenance, Navy Reserve ........................................ 6,700,000

Operation and Maintenance, Marine Corps Reserve .......................... 2,000,000

Operation and Maintenance, Air Force Reserve ................................. 4,000,000

Operation and Maintenance, Army National Guard .......................... 12,000,000

Operation and Maintenance, Air National Guard .............................. 5,000,000

The conferees agree to retain and amend section 110, as proposed by the House (and by the Senate in an appropriations paragraph), which provides $220,000,000 in emergency appropriations

for ‘‘Operation and Maintenance, Navy’’, only for the unfunded

backlog of ship depot maintenance that has emerged in execution

of the fiscal year 2000 ship depot maintenance program.

The conferees agree to retain and amend section 111, as proposed by the House, which provides $503,900,000 in emergency appropriations to meet urgent, unfunded requirements in support of

deployed forces, as follows:

[In thousands of dollars]

Operation and Maintenance, Navy (emergent costs in aircraft operations

and maintenance .......................................................................................... 20,000

Operation and Maintenance, Air Force (emergent logistics support shortfalls) .............................................................................................................. 41,900

Operation and Maintenance, Defense-Wide (classified) ............................... 10,000

Operation and Maintenance, Air National Guard (emergent DLR shortage-Model Fly) .............................................................................................. 24,100

Aircraft Procurement, Army (Apache safety modifications) ........................ 25,000

Aircraft Procurement, Navy ............................................................................ 52,800

(CH–46 engine safety modifications: $27,000)

(EP–3 sensor improvements and modifications: 25,800)

Aircraft Procurement, Air Force ..................................................................... 212,700

(U–2 aircraft sensor improvements and modifications: $111,600)

(U–2 trainer: 14,000)

(RC–135 Rivet Joint flight aircrew and mission trainers: 37,500)

(Compass Call mission crew trainer: 23,700)

(C–17 weapon system trainer: 14,900)

(C–17 maintenance system trainer: 11,000)

Other Procurement, Air Force (classified) ..................................................... 41,400

Procurement, Defense-Wide (classified) ......................................................... 13,000

Research, Development, Test and Evaluation, Army (WARSIMS) ............. 5,000

Research, Development, Test and Evaluation, Defense-Wide (classified) .. 58,000

The conferees agree to retain and amend section 112, as proposed by the Senate, which provides $7,000,000 in new appropriations for biometrics information assurance programs. These funds

are fully offset by rescissions in section 123 of this chapter.

The conferees agree to retain and amend section 113, as proposed by the Senate, which provides $125,000,000 in emergency appropriations to meet unfunded requirements for the Patriot missile

program. Of this amount, not less than $50,000,000 shall be available for the Patriot Reliability Enhancement Program and

$75,000,000 shall be made available only for the Patriot Advanced

Capability—3 (PAC–3) program. The conferees believe that completing the full qualification of the PAC–3 missile against air

breathing targets is essential. The conferees direct that the

134

$75,000,000 provided for the PAC–3 program may be transferred to

the appropriate account to complete testing against aircraft and

cruise missile targets, to maintain a robust countermeasure capability, to improve the producibility of the missile, and to purchase

additional missiles.

The conferees agree to retain and amend section 114, as pro- posed by the Senate, which appropriates $300,000 only for the

Walking Shield program. These funds are fully offset by rescissions

in section 123 of this chapter.

The conferees agree to retain and amend section 115, as pro- posed by the Senate, which provides $61,500,000 in emergency appropriations for operations in East Timor and Mozambique.

The conferees agree to retain section 116, as proposed by the

Senate, which transfers previously-appropriated ‘‘Operation and

Maintenance, Defense-Wide’’ funds for environmental response actions.

The conferees agree to retain and amend section 117, as pro- posed by the Senate, which provides $8,000,000 in new appropriations in support of the 2002 Olympic and Paralympic Winter

Games. These funds are fully offset by rescissions in section 123 of

this chapter.

The conferees agree to retain and amend section 118, as proposed by the Senate, which directs the Ballistic Missile Defense Organization to notify the congressional defense committees prior to

issuing certain types of information or proposal solicitation under

the National Missile Defense program.

The conferees agree to retain section 119, as proposed by the

Senate, regarding the disposition of a Navy drydock.

The conferees agree to retain section 120, as proposed by the

Senate, which amends United States Code concerning the Challenge Youth Program.

The conferees to retain section 121, as proposed by the Senate,

regarding the use of DoD facilities as official polling places.

The conferees agree to retain and amend section 122, as proposed by the Senate, which amends Section 8114 of the Department of Defense Appropriations Act, 1999 concerning the Marine

Corps aircraft accident near Cavalese, Italy, and makes funding

provided in that Act applicable to SOFA claims.

The conferees agree to a new general provision, section 123,

which rescinds $286,611,000 of prior year appropriations, comprised of programs whose obligational authority will lapse at the

end of the current fiscal year. The specific programs and the

amounts rescinded are as follows:

Fiscal year and account Program Amount

1989—Shipbuilding and Conversion, Navy ............... DDG–51 destroyer ...................................................... $9,100,000

1989—Shipbuilding and Conversion, Navy ............... T–AO fleet oiler ......................................................... 6,645,000

1989—Shipbuilding and Conversion, Navy ............... T–AGOS surveillance ship ......................................... 3,420,000

1989—Shipbuilding and Conversion, Navy ............... Outfitting and Post Delivery ...................................... 1,293,000

1999—Research, Development, Test and Evaluation,

Air Force.

Darkstar UAV ............................................................. 7,000,000

2000—Military Personnel, Army ................................. Pay and Allowances of Enlisted ................................ 98,700,000

2000—Military Personnel, Navy ................................. Pay and Allowances of Officers ................................ 23,527,000

2000—Military Personnel, Navy ................................. Pay and Allowances of Enlisted ................................ 25,600,000

2000—Military Personnel, Air Force ........................... Pay and Allowances of Officers ................................ 12,000,000

2000—Military Personnel, Air Force ........................... Pay and Allowances of Enlisted ................................ 44,000,000

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Fiscal year and account Program Amount

2000—Military Personnel, Air Force ........................... PCS Travel ................................................................. 26,000,000

2000—Reserve Personnel, Air Force .......................... Unit and Individual Training ..................................... 4,500,000

2000—National Guard Personnel, Army .................... Unit and Individual Training ..................................... 24,826,000

Total ............................................................... .................................................................................... 286,611,000

The conferees agree to retain section 124, as proposed by the

House and the Senate, which provides authorization for certain intelligence related activities.

The conferees agree to retain section 125, as proposed by the

House and the Senate, which repeals sections 8175 and 8176 of the

Fiscal Year 2000 Department of Defense Appropriations Act (as

amended by Public Law 106–113) concerning prompt payments and

progress payments.

The conferees agree to a new general provision, section 126,

concerning the designation of emergency appropriations in this

chapter by the Congress and the President.

CHAPTER 2

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

GENERAL INVESTIGATIONS

The conference agreement includes $1,500,000 for the Corps of

Engineers to conduct a study of the need for additional flood protection in Princeville, North Carolina, and $2,000,000 for the Corps

of Engineers to resume engineering and design of an outlet at Devils Lake, North Dakota.

The entire amount has been designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

CONSTRUCTION, GENERAL

The conferees have provided $3,000,000 to initiate construction

of the Johnson Creek, Arlington, Texas, project substantially in accordance with the Interim Feasibility Report dated March 1999.

The entire amount has been designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

OPERATION AND MAINTENANCE, GENERAL

The conferees have included $200,000 to carry out dredging of

Saxon Harbor, Wisconsin, necessitated by low water levels in the

Great Lakes. The entire amount has been designated by the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended.

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DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

The conference agreement includes $600,000 for the Lewis and

Clark Rural Water System project in South Dakota. The entire

amount has been designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

WEAPONS ACTIVITIES

The conference agreement appropriates $96,500,000 for Weapons Activities instead of $55,000,000 as proposed by the House and

$221,000,000 as proposed by the Senate. The entire amount has

been designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Production plants.—The conference agreement includes

$25,000,000 for the Y–12 Plant in Oak Ridge, Tennessee;

$11,000,000 for the Kansas City Plant in Missouri; and $7,500,000

for the Pantex Plant in Amarillo, Texas. This funding will be used

to address critical workforce and required infrastructure improvements at the three production facilities.

Weapons laboratories.—The conference agreement includes

$5,000,000 for the Los Alamos National Laboratory and

$14,000,000 for the Sandia National Laboratory to address workforce issues and infrastructure improvements.

Transportation Safeguards Division.—The conference agree- ment includes $10,000,000 for the Transportation Safeguards Division for fleet upgrades.

Other weapons sites.—The conference agreement includes $1,500,000 for the Savannah River Site for infrastructure improvements and $2,500,000 for construction of the U1h shaft to enhance

worker safety at the Nevada Test Site.

Cyber Security.—The conference agreement includes $20,000,000 for cyber security upgrades at the nuclear weapons

complex. The conferees direct the National Nuclear Security Administration (NNSA) to perform planning, analysis, testing and

evaluation necessary to develop the highest value alternatives for

improving cyber security throughout the nuclear weapons complex.

The NNSA should submit to Congress by January 15, 2001, a detailed plan with estimated costs and schedules for a reasonable

program that defends the highest value targets.

OTHER DEFENSE ACTIVITIES

The conference agreement appropriates $38,000,000 for Other

Defense Activities instead of $63,000,000 as proposed by the House

and $12,000,000 as proposed by the Senate. The entire amount has

been designated by the Congress as an emergency requirement

137

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Highly Enriched Unranium Blend Down Project.—The conference agreement includes statutory language proposed by the

House authorizing the Department to initiate design of the Highly

Enriched Uranium Blend Down Project at the Savannah River Site.

Office of Security and Emergency Operations.—The conference

agreement provides $3,000,000 to support critical staffing needs in

the office of security and emergency operations.

Cyber Security.—The conference agreement provides $25,000,000 for cyber security needs under the direction of the

Chief Information Officer. Funding of $20,000,000 is to address unclassified cyber security systems and security needs in the corporate management information systems. Funding of $5,000,000

has been provided for the Office of Intelligence/Special Technologies

Program to develop and enhance unique capabilities and technologies within the Department’s laboratory complex for the protection and exploitation of information and related infrastructure systems for the Department and other critical, national-level missions.

Environment, Safety and Health.—The conference agreement includes $10,000,000 to accelerate projects which have been initiated to address worker health and safety concerns at the Paducah,

Kentucky, and Portsmouth, Ohio, gaseous diffusion plants.

ENERGY PROGRAMS

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

The conference agreement appropriates $58,000,000 for the

Uranium Enrichment Decontamination and Decommissioning Fund

as proposed by the Senate instead of $16,000,000 as proposed by

the House. The entire amount has been designated by the Congress

as an emergency requirement pursuant to section 251(b)(2)(A) of

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

The conference agreement includes $16,000,000 as proposed by

the Administration to accelerate environmental cleanup at the Paducah, Kentucky, and Portsmouth, Ohio, gaseous diffusion plants. The conference agreement includes $42,000,000 as proposed by

the Senate for reimbursements to uranium and thorium licensees

under Title X of the Energy Policy Act of 1992.

SCIENCE

The conference agreement includes report language proposed

by the House directing the Department to develop a plan outlining

the cost, scope, and schedule for decontaminating and decommissioning the High Flux Beam Reactor at the Brookhaven National

Laboratory in New York.

GENERAL PROVISIONS—THIS CHAPTER

Corps of Engineers Reorganization.—The conference agreement

does not include language proposed by the Senate regarding management reforms of the U.S. Army Corps of Engineers. However,

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forms initially imposed upon the Corps of Engineers in March of

this year by the Secretary of the Army and subsequently suspended

due to lack of adequate and appropriate coordination and consultation with the Congress. It is the conferees’ strong conviction and

expectation that any such management reforms, if yet contemplated by the Administration, will have full benefit of consultation with the Congress in developmental stages and prior to implementation.

In recent months, actions by Administration officials, as manifested by the proposed management reforms and other public pronouncements, suggest premature conclusions and findings may

have been reached regarding as yet unsubstantiated allegations of

wrong-doing by Corps of Engineers officials related to studies and

initiatives for maintaining and providing the Nation’s water resources infrastructure. Results of on-going investigations related to

these charges must be made available and considered before any

reforms are contemplated. Any actions carried out by the Administration to change the existing management and oversight structure

and existing delegations and functions involving the Corps of Engineers without prior and satisfactory coordination with the Congress

will not be received favorably and may cause the Congress to revisit this issue and undertake an appropriate response.

Waste Isolation Pilot Plan.—The conference agreement includes statutory language proposed by the Senate providing that

funds in this or any other Act and hereafter may not be used to

pay on behalf of the United States or a contractor or subcontractor

of the United States for posting a bond or fulfilling any other financial responsibility requirement relating to the closure or post-closure care and monitoring of the Waste Isolation Pilot Plant in New

Mexico.

Central Arizona Project.—The conference agreement includes a

provision proposed by the Senate which states none of the funds

provided in this or any other Act may be used to further reallocate

Central Arizona Project water or to prepare an Environmental Assessment, Environmental Impact Statement, or Record of Decision

providing for a reallocation of Central Arizona Project water until

Congress enacts legislation authorizing and directing the Secretary

of the Interior to make allocations and enter into contracts for delivery of Central Arizona Project water.

Congressional Direction.—The conference agreement includes

statutory language directing that funds provided in Public Law

106–60 and prior Energy and Water Development Appropriations

Acts be made available for the specified institutions and purposes.

Nuclear Regulatory Commission.—The conference agreement

includes statutory language proposed by the House providing that

no funds appropriated in fiscal year 2000 to the Nuclear Regulatory

Commission (NRC) may be used to relocate, or to plan or prepare

for the relocation of, the functions or personnel of the Technical

Training Center from its location in Chattanooga, Tennessee. The

conference agreement extends the language to fiscal year 2001.

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CHAPTER 3

MILITARY CONSTRUCTION

GENERAL PROVISIONS, THIS CHAPTER

Section 301. Recommends $19,048,000 as a contingent emergency for military construction and family housing due to storm related damage. Section 302. Recommends $1,000,000 as a contingent emergency for Military Construction, Defense-wide, to augment the

Corps of Engineers’ planning and design work associated with the

National Missile Defense system. Section 303. Provides $35,000,000 for the acquisition of land at Blount Island, Florida and rescinds $35,000,000 of funds provided

in the Military Construction Appropriations Act, 1996 (Public Law

104–32).

CHAPTER 4

DEPARTMENT OF TRANSPORTATION

COAST GUARD

The conference agreement provides $700,000,000 in supplemental appropriations for the U.S. Coast Guard, including

$655,000,000 designated as contingent emergency funding. The

conference agreement requires a Presidential declaration before

any of the emergency funding is available for obligation.

OPERATING EXPENSES

The conference agreement includes an emergency appropria- tion of $77,000,000 for Coast Guard ‘‘Operating expenses’’, instead

of $262,446,000 as proposed by the Senate and $37,000,000 as proposed by the House. The funds are made available until September

30, 2001, and are only available upon designation by the President

of an emergency requirement. The conference agreement allocates

these funds in the manner recommended by the Secretary of Transportation and the Commandant of the Coast Guard, as shown

below:

Activity Amount

Health care ............................................................................................. $18,000,000

Basic allowance for housing .................................................................. 15,000,000

Military pay ............................................................................................ 5,000,000

Cost of living increases in high cost areas ........................................... 2,000,000

Recruiting/retention bonuses ................................................................ 15,000,000

Hurricane-damaged facilities ................................................................ 8,000,000

Operational fuel/unit level readiness ................................................... 13,000,000

Fixed wing aviator retention bonuses .................................................. 1,000,000

Total ...................................................................................... 77,000,000

The conferees note that some of these funding requirements relate to changed military personnel entitlements enacted in the fiscal year 2000 National Defense Authorization Act. The Coast

Guard had adequate time to advise the Appropriations Committees

of these costs prior to conference on the fiscal year 2000 Department of Transportation and Related Agencies Appropriations Bill,

and to include them in the fiscal year 2001 budget estimate. In the

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future, the conferees expect the Coast Guard to ensure timely update of its budget estimates, to avoid the need for supplemental appropriations.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

The conference agreement includes an emergency appropriation of $578,000,000 for acquisition of Coast Guard capital assets.

The funding is to remain available until expended and is to be distributed as follows:

Project Amount

C–130J long range maritime patrol aircraft ....................................... $468,000,000

Great Lakes icebreaker replacement ................................................... 110,000,000

Total ...................................................................................... 578,000,000

C–130J aircraft.—The conference agreement includes

$468,000,000, as proposed by the Senate, for acquisition of six C–

130J long-range maritime patrol aircraft as authorized under section 812(b) of the Western Hemisphere Drug Elimination Act (P.L.

105–277). These aircraft are capable of defense requirements and

other Coast Guard missions. The conference agreement specifies

that this acquisition shall not influence the procurement strategy,

program requirements, or downselect decision pertaining to the

Deepwater Capability Replacement Project, as proposed by the

Senate.

Great Lakes icebreaker replacement.—The conference agreement includes $110,000,000 for the Great Lakes icebreaker replacement. These funds will support the costs of design, construction, inspection, validation, testing and project administration associated

with acquisition of a new multi-purpose icebreaker to replace the

USCGC Mackinaw. After 55 years of service, the Mackinaw has escalating operating and maintenance costs and declining reliability,

and is scheduled to be decommissioned in 2006. New construction

of a vessel designed to perform heavy icebreaking and maintain

floating aids-to-navigation will expand the efficiency and reliability

of Coast Guard operations in the Great Lakes.

CHAPTER 5

GENERAL PROVISIONS—THIS TITLE

Section 501. The conference agreement appropriates

$25,000,000 for the Agency for International Development, ‘‘International Disaster Assistance’’ for rehabilitation and reconstruction

assistance for Mozambique, Madagascar, and southern Africa, to

remain available until expended. The entire amount is designated

by Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985 and shall be available only to the extent an official

budget request that includes designation of the entire amount as

an emergency requirement is transmitted by the President to the

Congress.

Section 502. The conference agreement appropriates

$50,000,000 for ‘‘Assistance for Eastern Europe and the Baltic

States’’ to remain available until September 30, 2001. These funds

shall only be available for assistance for Montenegro and Croatia,

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and not to exceed $12,400,000 for assistance for Kosovo for police

activities. The entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, and is

subject to the regular notification procedures of the Committees on

Appropriations.

TITLE II—NATURAL DISASTER ASSISTANCE AND OTHER

SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

The conference agreement includes an additional $1,350,000

for implementation of the Livestock Mandatory Price Reporting Act

of 1999. This amount will offset additional costs to USDA agencies

to implement this Act. Unfunded agency requirements include:

$550,000 for the Economic Research Service; $200,000 for the Foreign Agricultural Service; $400,000 for the National Agricultural

Statistics Service; and $200,000 for the Grain Inspection, Packers

and Stockyards Administration. Although the $4,700,000 in implementation funding sought by the Administration for fiscal year

2000 was provided by Public Law 106–113, these funds have not

been distributed among all agencies responsible for administration

of this Act.

The conferees note that language contained in Public Law 106–

78 requires that the Department of Agriculture obtain Congressional approval before funds for the common computing environment can be spent. The conferees hereby approve those funds for

obligation.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

The conference agreement includes an additional $77,560,000,

to remain available until expended, as proposed by the House, instead of $39,000,000 as proposed by the Senate. Of this amount,

$26,237,000 is to support temporary staff; $12,865,000 is for

Pigford consent decree expenses; and $38,458,000 is for information

technology expenses requirements.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUNDS PROGRAM ACCOUNT

The conference agreement includes an additional $15,872,000 in budget authority for an estimated loan level of $40,000,000 for

Section 515 rental housing, as proposed by the House and Senate.

RENTAL ASSISTANCE PROGRAM

The conference agreement includes an additional $13,600,000

for the Rental Assistance Program, as proposed by the House and

Senate.

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GENERAL PROVISIONS—THIS CHAPTER

Section 2101. The conference agreement includes language that

makes up to $81,000,000 of Commodity Credit Corporation funds

available to be used to forgive loans to producer-owned associations

or producers that suffered losses from natural disasters, as proposed by the House and Senate.

Section 2102. The conference agreement provides authority for

the Secretary of Agriculture to use Commodity Credit Corporation

funds to offset the assessment on peanut producers for losses from

1999, as proposed by the Senate.

CHAPTER 2

DEPARTMENT OF JUSTICE

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The conference agreement includes $12,000,000, to remain

available until expended, as a contingent emergency appropriation,

to be divided equally between the States of Texas, New Mexico, Arizona, and California to reimburse county and municipal governments only for Federal costs associated with the handling and processing of illegal immigration and drug and alien smuggling cases.

The use of these funds is limited to court costs, courtroom technology, the building of holding spaces, administrative expenses,

and indigent defense costs.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $181,000,000, to remain

available until expended, as a contingent emergency appropriation,

to be deposited into the Telecommunications Carrier Compliance

Fund for implementation of the Communications Assistance for

Law Enforcement Act (CALEA). The conferees note that narcotics

trafficking investigations are increasingly dependent on the use of

intercepted communications, accounting for 72% of all court-authorized electronic surveillance actions. As criminal organizations utilize advanced technologies to elude law enforcement, U.S. law enforcement’s current drug intelligence and investigative capabilities

have been eroded. Therefore, the conference agreement includes

funding to implement CALEA to correct this problem to ensure

these capabilities are maintained in accordance with current statutory requirements and deadlines.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

The conference agreement includes $2,000,000, as a contingent

emergency appropriation, for grants to Indian reservations and

counties with populations under 150,000 that are located in Arizona and are adjacent to the United States-Mexico border. Funds

are to be allocated in proportion to the population of each eligible

county and Indian reservation.

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DEPARTMENT OF COMMERCE

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The conference agreement includes $55,800,000, as an emergency appropriation, to remain available until expended. This

amount provides for planning assistance, public works grants, and

capitalization of revolving loan funds to assist in the recovery efforts of communities impacted by Hurricane Floyd and other recent

disasters. Of this amount, $30,000,000 is provided as a contingent

emergency to be provided to assist communities in New Jersey impacted by Hurricane Floyd. The conferees direct EDA to submit a

spending plan for the amounts provided prior to the release of

these funds.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

The conference agreement includes $30,700,000, as an emergency appropriation, to remain available until expended, of which

$13,300,000 is provided as a contingent emergency appropriation.

Of this amount, $10,800,000 is provided as an emergency appropriation to assist fishermen impacted by Hurricanes Floyd, Dennis,

George, and Mitch. In addition, a total of $13,900,000 is included

to provide relief from the recent disaster in the Long Island Sound

lobster fishery, of which $7,300,000 is provided as a contingent

emergency to be divided equally between the States of New York

and Connecticut, not less than $3,650,000 for each State, for the

following purposes: (1) to pay compensation to individuals for reductions in the number of lobsters caught in the Long Island lobster fishery in the 1999 fishing season, as compared to such catch

in the 1998 fishing season as a result of the lobster fishery disaster; (2) to provide direct sustaining aid to fishermen; and (3) to

provide assistance to communities that are dependent on such fishery and have suffered losses from such disaster. The remaining

funds provided for the Long Island Sound lobster fishery disaster

are available for research into the causes of the disaster. The conferees expect NOAA to submit a spending plan prior to release of

these funds.

The conference agreement also includes $5,000,000 as a contingent emergency to provide relief from disaster in the West Coast

groundfish fishery. The conferees expect that this amount shall be

divided between the States of California, Oregon, and Washington

in proportion to the impact of the disaster in each State. The

amounts provided to these States shall be available for the following purposes: (1) to pay compensation to individuals who have

suffered a direct negative impact from the West Coast groundfish

fisheries disaster, (2) to provide direct sustaining aid to such fishermen, and (3) to provide assistance to communities that are dependent on the West Coast groundfish fisheries and have suffered losses

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ment also includes $1,000,000 as a contingent emergency appropriation for repairs to the NOAA hurricane reconnaissance aircraft.

DEPARTMENT OF STATE

INTERNATIONAL COMMISSIONS

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

The conference agreement includes $2,150,000, to remain

available until expended, as a contingent emergency appropriation

under this account for International Joint Commission activities related to levels and flows of Lake Ontario and the St. Lawrence

River.

OTHER

United States Commission on International Religious Freedom

The conference agreement includes $2,000,000, to remain

available until expended, as a contingent emergency appropriation

for the activities of the Commission.

RELATED AGENCY

SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

The conference agreement includes an additional $15,500,000

in emergency fiscal year 2000 subsidy appropriations for disaster

loans for recovery efforts related to Hurricane Floyd, and other natural disasters.

The conference agreement also includes an additional

$25,400,000 in emergency fiscal year 2000 appropriations for direct

administrative expenses associated with disaster loan making and

servicing activities necessary to carry out the disaster loan program related to Hurricane Floyd and other natural disasters. The

conference agreement includes language prohibiting the use of

funds for indirect administrative expenses. The conferees note that

this additional amount results in a total appropriation of

$141,400,000 for the direct administrative costs of the fiscal year

2000 disaster loan program.

Language is included designating the amounts provided as an

emergency requirement, and making these amounts available only

to the extent that an official budget request is submitted requesting that these specific amounts be designated as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

Section 2201. The conference agreement includes emergency

assistance for the Pribilof Island and East Aleutian area of the

Bering Sea crab fishery for payment of direct assistance to Oregon,

Washington, and Alaska fishermen. The conference agreement includes $10,000,000 as a contingent emergency for the following: (1)

$7,000,000 to allow disaster assistance payments to affected states;

(2) $2,000,000 to determine the cause of the fisheries disaster

145

through a cooperative research effort between the National Marine

Fisheries Service and the State of Alaska; and (3) $1,000,000 for

the State of Alaska to develop a plan to restore the crab population.

Section 2202. The conference agreement includes $10,000,000

as a contingent emergency appropriation for assistance for the

Northeast multispecies fishery failure to support a voluntary fishing capacity reduction program.

Section 2203. The conference agreement includes $7,000,000 as

a contingent emergency appropriation to study the long-line interactions with sea turtles in the North Pacific and commercial fishing

activities in the Northwest Hawaiian Islands, and provide observer

coverage for the Hawaiian long-line fishery.

Section 2204. The conference agreement amends Public Law

101–380, as amended, and inserts a new section 5007 to provide

$5,000,000 as a contingent emergency appropriation to create a

new North Pacific Marine Research Institute at the Alaska SeaLife

Center to be administered by the North Pacific Research Board.

CHAPTER 3

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

The conference agreement provides $200,000,000 in emergency

funding for wildland fire management instead of $100,000,000 as

proposed by the House and by the Senate. Of the amount provided,

$100,000,000 is contingent on receipt of a budget request that includes a Presidential designation of the amount requested as an

emergency requirement pursuant to the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended.

LAND ACQUISITION

The conference agreement provides $2,000,000 in emergency

funding for land acquisition for the Douglas Tract along the Potomac River in Southern Maryland. Approximately 1,000 acres of undeveloped riverfront land is available from a willing seller. This

land is of significant historic value with Native American and Civil

War sites. Preservation of the land will also help preserve wildlife

habitat and unique wetland areas. The President’s budget request

for fiscal year 2001 included $3,000,000 for this purchase. The entire amount is contingent on receipt of a budget request that includes a Presidential designation of the entire amount as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

The conference agreement provides $9,821,000 in emergency

funding for regulation and technology as proposed by the Senate

instead of no funding as proposed by the House. The funds are for

146

the surface mining regulatory program of the State of West Virginia. The entire amount is contingent on receipt of a budget request that includes a Presidential designation of the entire amount

as an emergency requirement pursuant to the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

The managers are concerned that the State of West Virginia

lacks sufficient funding and staffing resources to regulate the effects of surface coal mining operations within the State pursuant

to the Surface Mining Control and Reclamation Act (SMCRA). Recent litigation and the commencement of a formal review by the office of Surface Mining related to the State’s regulatory program

demonstrate that unless additional funds are provided immediately, a Federal takeover of these responsibilities may be imminent. If a takeover occurs it will increase the costs to the Federal

Government for regulating coal mining in West Virginia and cause

major disruptions on the ground. With the additional resources provided in this Act, the State will have the capability to administer

an adequate regulatory program to enforce environmental laws and

have the necessary tools to perform technical reviews of permit applications effectively and efficiently.

Accordingly, the managers are providing a total of $9,821,000

to the Office of Surface Mining Reclamation and Enforcement to

ensure that the State has adequate funds to carry out its regulatory responsibilities under SMCRA. Of this amount, $6,222,000 is

for the Office of Surface Mining to enter into a cooperative agreement with the West Virginia Division of Environmental Protection

to enhance program capabilities, including developing a geospatial

database to ensure appropriate geologic and hydrologic sampling,

performing watershed modeling, and other programmatic improvements to ensure the State is able to meet its regulatory requirements under SMCRA.

A total of $3,599,000 is provided to address the West Virginia

Office’s staffing deficiencies. These funds are subject to the 50 percent matching requirement of section 705(a) of SMCRA. The managers note that West Virginia operates its program with fewer staff

and a smaller budget than surrounding States with similar workloads. The controversy over mountaintop removal mining has been

a catalyst for demonstrating weaknesses in the West Virginia regulatory program.

The managers appreciate that the Office of Surface Mining and

the State of West Virginia have worked together closely to characterize the deficiencies in the State’s regulatory program. The managers expect this close cooperation to continue as the parties address and resolve program deficiencies. The managers direct the

Office of Surface Mining, in conjunction with the State, to keep the

House and Senate Committees on Appropriations apprised of the

efforts made to correct these problems in the State’s regulatory program.

147

RELATED AGENCY

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

NATIONAL FOREST SYSTEM

The conference agreement provides $2,000,000 in emergency funding for the national forest system instead of $5,759,000 as proposed by the Senate and no funding as proposed by the House. The

funds are for storm damage repairs in National Forests in Minnesota and Wisconsin. The entire amount is contingent on receipt

of a budget request that includes a Presidential designation of the

entire amount as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

WILDLAND FIRE MANAGEMENT

The conference agreement provides $150,000,000 in emergency

funding for wildland fire management as proposed by the House instead of $1,620,000 as proposed by the Senate. The entire amount

is contingent on receipt of a budget request that includes a Presidential designation of the entire amount as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

Section 2301 provides authority for the Indian Health Service

to release funds appropriated in fiscal year 1999 for construction

of a clinic in King Cove, Alaska as proposed by the Senate. Land

owned by the city has been designated for the facility and this language is needed to permit IHS to use that site.

Section 2302 requires the Secretary of Energy to fund a particulate monitoring program as directed by the Congress in a report

accompanying a previous appropriations Act. Funds were made

available for this purpose in Public Law 105–277 under the Fossil

Energy Research and Development account. The Secretary of Energy has instituted a policy wherein he has to approve any Congressionally identified project prior to the release of funds. This

policy has resulted in a bureaucratic morass and prevented the

timely initiation of important research. The Secretary of Energy is

urged to reexamine this policy.

The conference agreement does not include language proposed

by the Senate addressing the designation of land for a jetty and

sand transfer system for the Oregon Inlet in North Carolina. The

managers will continue to examine this issue and consider it within

the context of the fiscal year 2001 appropriations bill for the Department of the Interior and Related Agencies.

Section 2303 modifies language proposed by the Senate to provide interim compensation for fishermen, crew members, and processors affected by restrictions on Dungeness crab fishing in Glacier

Bay National Park, AK. The modification limits these payments to

losses incurred in 2000 except for Buy N Pack Seafoods which is

eligible for compensation for 1999 and 2000.

148

CHAPTER 4

DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

The conference agreement does not include $40,000,000 earmarked for Summer Youth Employment as proposed by the Senate

and requested by the President.

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes a technical change proposed by both the House and Senate to clarify that funds collected

by the National Mine Health and Safety Academy for tuition, room,

board, and other authorized activities are in addition to the annual

appropriation amount.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

The conference agreement provides $20,000,000 for abstinence

education within ‘‘Special projects of regional and national significance;’’ part of the maternal and child health block grant as proposed by the House. The Senate bill contains no similar provision.

The conference agreement also includes a rescission of $20,000,000

for abstinence education in the Adolescent Family Life program in

the Office of the Secretary as proposed by the House. The Senate

bill contains no similar provision.

The conference agreement does not include $100,000,000 in

supplemental funding for the Ricky Ray Hemophilia Relief Fund as

requested by the Administration.

The conference agreement includes $3,000,000 within Health

Care Facilities and Construction for Little Flower Children’s Services in Wading River, New York, for renovation and construction of

a children’s psychiatric services facility. The agreement designates

the entire amount as an emergency pursuant to section 251(b)(2)(A)

of the Balanced Budget and Emergency Deficit Control Act of 1985.

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement transfers $460,000 provided under

Health Resources and Services Administration health care facilities

construction to the CDC chronic and environmental disease prevention program for a comprehensive cancer control program at the

MD Anderson Cancer Center in Houston, TX to address minority

and medically underserved populations.

149

The conference agreement includes $12,000,000 for international HIV/AIDS funding, available until September 30, 2001,

and designated as an emergency pursuant to section 251(b)(2)(A) of

the Balanced Budget and Emergency Deficit Control Act of 1985.

The same amount is rescinded under the Public Health and Social

Services Emergency Fund, which was originally made available for

one year in the Departments of Labor, Health and Human Services

and Education and Related Agencies Appropriations Act, 2000.

ADMINISTRATION ON CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

The conference agreement provides $35,000,000 for payments

to States for foster care and adoption assistance as proposed by

both the House and Senate.

LOW INCOME HOME ENERGY ASSISTANCE

The conference agreement includes $600,000,000 for the Low

Income Home Energy Assistance Program (LIHEAP) emergency

fund as proposed by both the House and Senate. The conference

agreement also makes these funds available until expended as proposed by the Senate. The House bill makes these funds available

for obligation through September 30, 2000. The conference agreement also designates the entire amount as an emergency pursuant

to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985.

REFUGEE AND ENTRANT ASSISTANCE

The conference agreement includes a provision extending the

availability of Refugee and Entrant Assistance funding from two

years to three years as proposed by the House. The Senate bill contains no similar provision.

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

The conference agreement includes a provision to extend the

availability of funds for the Anchorage, Alaska Senior Citizen’s

Center as proposed by both the House and Senate.

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

(RESCISSION)

The conference agreement includes a rescission of $20,000,000

for abstinence education in the Adolescent Family Life program in

the Office of the Secretary. $20,000,000 in additional Abstinence

Education Funding is provided in the Health Resources and Services Administration.

150

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(RESCISSION)

The conference agreement does not include a rescission of

$163,752,000 as proposed by the President.

The conference agreement rescinds $31,200,000 in bioterrorism

funding made available for one year in the Departments of Labor,

Health and Human Services and Education and Related Agencies

Appropriations Act, 2000 and reappropriates the same amount,

making it available until expended. Both the amount rescinded and

the reappropriation are designated as an emergency pursuant to

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit

Control Act of 1985.

The conference agreement rescinds $12,000,000 in Centers for

Disease Control and Prevention funding made available for one

year in the Departments of Labor, Health and Human Services and

Education and Related Agencies Appropriations Act, 2000 and reappropriates the same amount, making it available until September 30, 2001. Both the amount rescinded and the reappropriation are designated as an emergency pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985.

GENERAL PROVISION—DEPARTMENT OF HEALTH AND HUMAN

SERVICES

Section 2401. The conference agreement includes a provision to

remove the authority to transfer funds among accounts from the

Centers for Disease Control and Prevention as proposed by both

the House and Senate.

DEPARTMENT OF EDUCATION

SPECIAL EDUCATION

The agreement includes a provision that allows funds presently

appropriated in FY00 for the Paralympic Winter Games to be

awarded to a designee of the Salt Lake Organizing Committee for

expenditure on their behalf.

VOCATIONAL AND ADULT EDUCATION

The conference agreement includes a provision to place the

Youth Offender Grants program on a forward-funded basis. This

provision was not included in either the House or the Senate bills.

The conference agreement includes a technical correction to the

Departments of Labor, Health and Human Services and Education

and Related Agencies Appropriations Act, 2000 which changes the

forward funded portion of the appropriation from $858,150,000 to

$882,650,000.

HIGHER EDUCATION

The conference agreement includes a provision to extend the

availability of State Grants for Incarcerated Youth appropriated in

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fiscal years 1998 and 1999 for an additional year as proposed by

the Senate. The House bill contains no similar provision.

The conference agreement includes an additional $750,000 for

the Fund for the Improvement of Postsecondary Education for creation of a center for inquiry and design-based learning in mathematics, science and technology education at the College of New Jersey, in Ewing, New Jersey. The agreement designates the entire

amount as an emergency pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985.

EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes a provision to make several

technical corrections as proposed by both the House and the Senate. The conference agreement also includes technical corrections

that were not included in either the House or the Senate bills.

The conference agreement also transfers $368,000 provided

under Health Resources and Services Administration, health care

facilities construction and renovation to Education Research, Statistics, and Improvement for the George Mason University Center

for Services to Families and Schools to expand a program for

schools and families of children suffering from attentional, cognitive, and behavioral disorders.

RELATED AGENCIES

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement includes $35,000,000, available

through September 30, 2001, for the Social Security Administration

for additional workload generated by the Senior Citizens’ Freedom

to Work Act of 2000 (P.L. 106–182) as proposed by the Senate. This

level is the same amount as requested by the President and

$15,000,000 below the amount in the Senate bill. The House bill

contains no similar provision. The conference agreement also designates the entire amount as an emergency pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985.

GENERAL PROVISIONS—THIS CHAPTER

Section 2402. The conference agreement includes a provision as

proposed by the House to remove from the Department of Education and the Centers for Disease Control and Prevention the ability to carry over salary and expense funds for an additional quarter. The Senate bill contains no similar provision.

Section 2403. The conference agreement includes technical corrections in the conforming amendments on the set-asides in the

Welfare-to-Work Amendments of 1999 as proposed by both the

House and Senate.

Section 2404. The conference agreement includes technical corrections to the Workforce Investment Act of 1998 and the Carl D.

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Perkins Vocational and Technical Assistance Act of 1998 as proposed by the Senate. The House bill contains no similar provision.

Section 2405. The conference agreement includes a provision

not proposed by either the House or Senate to make funds for certain technical assistance activities related to school reform available at an earlier date.

Section 2406. The conference agreement includes a provision,

as proposed by the Senate in the Military Construction Appropriations Act, 2001, amending section 508(f)(1) of the Rehabilitation

Act of 1973 to extend the date that the Federal government must

provide equal access to disabled federal employees and disabled

members of the public seeking information or services. The House

bill contains no similar provision.

Section 2407. The conference agreement provides $3,500,000

for the improvement and modernization of Saint John’s Lutheran

Hospital, Libby, Montana. It also includes $8,000,000 for an Economic Development Administration grant to the city of Libby, Montana. The conference agreement also designates the entire amount

as an emergency pursuant to section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985.

CHAPTER 5

LEGISLATIVE BRANCH

ARCHITECT OF THE CAPITOL

CAPITOL BUILDINGS AND GROUNDS

FIRE SAFETY

The conference agreement appropriates $17,480,000 to the Architect of the Capitol for fire safety projects as proposed by the

Senate instead of $15,166,000 as proposed by the House. The funds

are designated as emergency requirements as proposed by the Senate.

GENERAL PROVISIONS—THIS CHAPTER

Section 2501. The conferees have amended language proposed

by the Senate regarding the Trade Deficit Review Commission. The

3-month extension in the due date of the final report has been

agreed to; the new subparagraph contained in subsection (a) of the

provision in the Senate bill has been dropped without prejudice.

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CHAPTER 6

DEPARTMENT OF TRANSPORTATION AND RELATED

AGENCIES

DEPARTMENT OF TRANSPORTATION

COAST GUARD

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

(INCLUDING RESCISSION OF FUNDS)

The conference agreement includes $45,000,000, to remain

available until expended, for acquisition of one C–37A command

and control aircraft for use by the U.S. Coast Guard, as authorized

under section 812(b) of the Western Hemisphere Drug Elimination

Act (P.L. 105–277). The existing command and control aircraft is

sixteen years old and experiencing significant reliability and maintenance problems. In addition, with an average flight cost of $1,500

per hour (40 percent higher than current models), this aged aircraft

unnecessarily diverts needed funds from other Coast Guard operating missions. The conference agreement fully offsets this appropriation through sale of the current aircraft (estimated by the

Coast Guard at $7,000,000) and rescission of other funds totaling

$38,000,000. The conferees assume that sale of the VC–11A will

first be offered to the vendor of the replacement aircraft. Rescinded

funds include $26,600,000 in unobligated balances appropriated to

the Office of Management and Budget to resolve Year 2000 computer problems, as proposed by the House, and $11,400,000 from

unobligated balances of Coast Guard ‘‘Acquisition, construction,

and improvements’’.

The conference agreement includes a rescission of $11,400,000

in available balances from previous appropriations Acts under ‘‘Acquisition, construction, and improvements’’. As of May 31, 2000, the

Coast Guard had an unobligated balance of $327,404,000 in this

appropriation, including regular funds, leftover disaster relief

funds, and no-year emergency supplemental appropriations. The

conferees believe a fraction of these unused funds can be used to

offset higher priority requirements in the conference agreement

without adversely impacting the service’s missions. The conferees

direct that none of these funds be taken from the Great Lakes icebreaker replacement project, and that the Coast Guard submit information on proposed rescissions to the House and Senate Committees on Appropriations prior to implementation.

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes a contingent emergency appropriation of $75,000,000 for additional operating and maintenance costs of the Federal Aviation Administration, available until

September 30, 2001, instead of $77,000,000 as proposed by the Senate. The first priority for these additional funds should be the hirVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00153 Fmt 6601 Sfmt 6601 E:\HR\OC\HR710.073 pfrm03 PsN: HR710
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ing of aviation safety inspectors and medical certification personnel.

RELATED AGENCY

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

The conference agreement provides $19,739,000 for the National Transportation Safety Board for emergency expenses associated with the investigation of Egypt Air Flight 990 and Alaska Air

Flight 261 accidents. These funds will compensate wreckage location and recovery facilities, technical support, testing, and wreckage mock-up. Both the House and the Senate bills provided

$24,739,000 for investigative costs. Since enactment of each bill,

the Arab Republic of Egypt has agreed to reimburse the National

Transportation Safety Board $5,000,000 for Egypt Air Flight 990

wreckage location and recovery, decreasing the supplemental needs

of the NTSB. The conference agreement requires the Secretary of

the Treasury to reduce this appropriation by an amount equal to

any subsequent reimbursement by the Arab Republic of Egypt for

wreckage location and recovery, family assistance, and interagency

agreements for up to $3,983,000. The Egyptian government currently is reviewing the additional expenses.

Within the funds provided, up to $10,000 shall be made available for the location and recovery of wreckage of N41078, as proposed in the Senate report.

GENERAL PROVISIONS—THIS CHAPTER

Section 2601. The conferees have included a provision that

makes available a total of $35,200,000 for seven bridge projects

from funds previously made available to the department under section 104(a) of title 23, U.S.C. These projects were earlier identified

in the conference agreement accompanying H.R. 2084, the fiscal

year 2000 Department of Transportation and Related Agencies Appropriations bill, which directed the Federal Highway Administration (FHWA) to distribute discretionary bridge program funds for

certain specified projects and activities. The office of the secretary

and the FHWA, without consulting or notifying the House and Senate Committees on Appropriations, released all discretionary bridge

funding for fiscal year 2000 and did not consider fully the projects

specified in the accompanying report. These actions were unconscionable and remain unacceptable. The conferees assert that the

department, particularly the office of the secretary, must comply

with both the letter and the spirit of the law, which requires the

department to notify the House and Senate Committees on Appropriations not less than three full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department

or its modal administrations from: (1) any discretionary program of

the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the Federal

Aviation Administration; or (3) any program of the Federal Transit

155

Administration other than the formula grants and fixed guideway

modernization programs.

Section 2602. The conference agreement rescinds $26,600,000

in unobligated balances of funds appropriated to the Office of Management and Budget pursuant to Pubic Law 105–277 and subsequently transferred to the Department of Transportation for Year

2000 conversion of Federal information technology systems and related expenses, as proposed by the House. These funds are no

longer needed for their original purpose and are available to offset

higher priority Coast Guard capital needs.

Section 2603. The conference agreement includes an emergency

appropriation of $2,000,000 to the Office of the Assistant Secretary

for Policy, U.S. Department of Transportation, to be transferred to

the Environmental Protection Agency to carry out a telecommuting

pilot program.

Section 2604. The conference agreement includes a provision

that amends the allowable federal share requirement for projects

for the elimination of hazards of railway-highway crossings funded

under the surface transportation program.

Section 2605. The conference agreement includes $2,000,000

for planning, preliminary engineering and design of the MetroNorth Danbury to Norwalk commuter rail line re-electrification

project in Connecticut.

Section 2606. The conference agreement includes $3,000,000

for the Second Avenue Subway in New York City, New York

Section 2607. The conference agreement includes $500,000 for

a study of improvements to Highway 8, from the Minnesota border

to Highway 51, in the State of Wisconsin.

Section 2608. The conference agreement includes $1,000,000

for reconstruction of, and improvements to, Halls Mill Road in

Monmouth County, New Jersey.

GENERAL PROVISION—THIS TITLE

Section 2101 allows members of the Pueblo of San Ildefonso

and the Pueblo of Santa Clara to collect plants and minerals in the

Bandelier National Monument. The extensive areas burned by the

Cerro Grande fire have severely reduced the availability of local

plants, clays and soils traditionally used by these Pueblos. To allow

their traditional ceremonies to continue uninterrupted, it is necessary to allow enrolled members of both Pueblos access to plant

and mineral resources that are available in the Bandelier National

Monument at quantities greater than allowed by current regulations of the National Park Service. These activities would be consistent with applicable laws governing the Monument.

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CHAPTER 7

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

The conferees agree to include $24,900,000 as a contingent

emergency appropriation for the establishment of an in-service firearms training facility.

FIREARMS TRAINING FACILITY

The conferees direct that the Secretary of the Treasury undertake the establishment of an in-service firearms training facility in

West Virginia for use by U.S. Customs Service and other law enforcement agencies. The conferees note with grave concern the serious threats that have arisen at U.S. borders with respect to attempted terrorist infiltrations and the increasing complexity of the

interdiction of illegal drugs into this country. The Treasury Department has approximately 20,000 armed officers engaged in a wide

variety of dangerous law enforcement activities. Because of the

need to provide in-service firearms training for armed Treasury

personnel, the conferees have included $24,900,000 to accelerate

the design and construction of a firearms complex on land currently owned by the Fish and Wildlife Service. The Secretary of the

Treasury is authorized to designate a lead agency to oversee the

development, implementation and operation of the facility and the

conduct of training. The complex would also be available for use by

the Fish and Wildlife Service, the National Park Service, certain

other law enforcement personnel and selected State and local enforcement personnel. The conferees have also included language to

designate the National Park Service to manage the entire tract of

land and to make available a suitable portion of the land for use

for the training facility, and language to assure that the training

to be conducted at the new training firearms facility will be configured in such a way as to not duplicate or displace any federal law

enforcement programs of the Federal Law Enforcement Training

Center (FLETC). Likewise, no training currently being conducted

at a FLETC facility will be moved to the West Virginia site. The

entire amount is contingent upon receipt of a budget request that

includes a Presidential designation of the amount requested as an

emergency requirement pursuant to the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended.

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

The conferees agree to include $10,000,000 as a contingent

emergency appropriation for the United States Secret Service’s

costs related to planning, coordination and implementation of security for national special security and major protective events.

157

NATIONAL SECURITY SPECIAL EVENTS

The conferees are extremely concerned that the Administration

has failed to request funding for the Secret Service to provide protective services for PDD 62, National Security Special Events

(NSSE), causing significant budget shortfalls for the Secret Service.

For example, the conferees are aware that the 2002 Winter Olympics in Salt Lake City has long been officially designated as a

NSSE but the Administration provided no funding for the Secret

Service to carry out its mission as the lead agency responsible for

planning and implementing overall security. The conferees note

however, that the Administration did fund the FBI and FEMA for

their role in the Winter Olympics. In order to address fiscal year

2000 shortfalls, the conferees provide $10,000,000 for costs associated with planning, coordination and implementation of security at

the following major protective events: The World Trade Organization Meeting, the International Monetary Fund meeting, Operation

Sail 2000, the Republican and Democratic National Conventions,

the UN General Assembly 55-Millennium Assembly, and fiscal year

2000 costs related to the 2002 Winter Olympics. The conferees direct the Department of the Treasury to submit to the Committees

on Appropriations, a budgeting plan for the Secret Service in regard to anticipated and unanticipated National Special Security

Events for fiscal year 2001 no later than September 1, 2000.

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS

APPROPRIATED TO THE PRESIDENT

OFFICE OF ADMINISTRATION

INFORMATION TECHNOLOGY

The conferees agree to establish a new account within the Office of Administration and include $8,400,000 as a contingent emergency appropriation for the costs associated with the restoration

and reconstruction of certain electronic mail messages and for inclusion of such messages in the Automated Records Management

System. These funds were proposed by the President to be funded

within the Office of Administration’s Salaries and Expenses appropriation. Neither the House nor the Senate bills included these

funds as the President’s request was received after House and Senate consideration of the supplemental appropriations bills.

TAPE RESTORATION PROJECT

The conferees have established a new account for the necessary

expenses of ongoing activities associated with the restoration and

reconstruction of certain electronic mail messages and for inclusion

in the Automated Records Management System, providing

$8,400,000, to remain available until September 30, 2002. The conferees prohibit the obligation of these funds until the Office of Administration submits an independent verification and validation of

the estimated costs of this project.

The conferees are concerned by the escalation in estimated

costs of this project, which have ranged from $3,000,000 to levels

well in excess of that amount. To date, $4,800,000 has been proVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00157 Fmt 6601 Sfmt 6601 E:\HR\OC\HR710.075 pfrm03 PsN: HR710
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vided to support ongoing work; combined with this supplemental

appropriation, the total federal appropriation is $13,200,000. The

conferees are concerned that, to date, estimates of total project

costs have not been finalized and that an independent verification

and validation of both the costs of specific phases of the reconstruction effort and the total project are not available. The conferees

have included bill language prohibiting the obligation of funds until

the Office of Administration submits to the Committees on Appropriations an independent verification and validation of the costs of

the restoration project, including the final report prepared by the

independent verification and validation contractor for both initial

and projected cost estimates.

It is not the intent of the conferees to delay or impede the ongoing restoration work; nonetheless, the conferees believe it is critical that all costs related to this project undergo an independent

verification and validation process and that the findings of this

process be reported to the Committees on Appropriations as expeditiously as possible. The conferees note the current monthly reporting requirements imposed by the House Committee on Appropriations in regards to the obligation of funds as well as other project

activities. Should it be necessary, and in order to satisfy the requirements of the bill language without impeding ongoing work,

the conferees are willing to consider releasing a portion of the

funds upon receipt of interim verification and validation documents

until the final report is prepared. These interim reports would be

in addition to the monthly reports required by the House Committee on Appropriations. Should these interim reports become necessary, the Office of Administration is directed to establish, in consultation with the Committees on Appropriations, a schedule of

milestones for the completion of the final report and the total release of funds.

AUTOMATED RECORDS MANAGEMENT SYSTEM

The conferees are concerned that contractor error may be a

causal factor in the White House e-mails not being properly

archived into the Automated Records Management System

(ARMS), resulting in the present supplemental appropriation for

reconstruction and restoration costs. The conferees fully expect the

Executive Office of the President (EOP) to diligently pursue reimbursement from contractors if it is determined that their errors

and/or negligence led to the present additional funding requirement. The conferees believe that the EOP should review contractor

performance beginning with the ARMS project of 1994 and including all contractors responsible for operating and maintaining the

information technology systems for the EOP. The conferees direct

the Office of Administration to report back within 6 months of the

date of enactment of this Act to the Committees on Appropriations

on the performance of the contractors responsible for operating and

maintaining the information technology systems. The performance

report should include an evaluation of whether or not the contractor has legally defaulted and on any actions to be taken by the

EOP to recoup the costs associated with the reconstruction and restoration effort currently underway.

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INDEPENDENT AGENCIES

GENERAL SERVICES ADMINISTRATION

POLICY AND OPERATIONS

The conferees agree to include $3,300,000 as a contingent

emergency appropriation for the Salt Lake 2002 Winter Olympic

and Paralympic Game doping control program.

GENERAL PROVISIONS—THIS CHAPTER

Section 2701. The conferees agree to include a provision

waiving anti-pooling provisions for the fiscal year 2000 administrative costs of the Counterdrug Intelligence Executive Secretariat.

Section 2702. The conferees agree to include a provision to rescind and reappropriate certain unobligated balances with the Internal Revenue Service’s Information Technology Investments account.

Section 2703. The conferees agree to include a provision authorizing the Secretary of the Treasury to address clerical errors in

fiscal year 1999 which resulted in the Hospital Insurance (HI)

Trust Fund being over-invested while the Supplementary Medical

Insurance (SMI) Trust Fund was under-invested. The conferees understand that the principal amount of the bookkeeping errors has

been corrected, but that the over-investment resulted in the HI

Trust Fund being credited with excess interest earnings, while the

under-investment resulted in the SMI Trust Fund being deprived

of interest earnings. The conferees further understand that these

bookkeeping errors have not affected Medicare payments in any

way, nor did the errors result in any moneys being erroneously

paid out by the Government. Nevertheless, the conferees believe

that the errors should be corrected in full to ensure the correct allocation of funds among the HI Trust Funds, the SMI Trust Fund,

and the Treasury General Fund.

Section 2704. The conferees agree to include a technical modification to Public Law 106–113 to make a direct payment to the

United States Olympic Committee through the United States AntiDoping Agency from funds appropriated for fiscal year 2000.

Section 2705. The conferees agree to include a provision to rescind and reappropriate certain unobligated balances within the

Salaries and Expenses account of the U.S. Secret Service.

Section 2706. The conferees agree to include a technical modification to Public Law 106–58 clarifying language in Senate Report

106–87 on the Treasury and General Government Appropriations

Act, 2000, to authorize the General Services Administration to provide funds appropriated in fiscal year 2000 for the Nebraska State

Patrol Digital Distance Learning project.

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CHAPTER 8

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANTS

Inserts language as proposed by the House making a technical

correction on a specific economic development initiative grant provided under title II of Public Law 106–74.

Inserts language proposed by the Senate and modified by the

conferees making a technical correction on a specific neighborhood

initiative grant provided under title II of Public Law 106–74.

Inserts new language providing $27,500,000 for five targeted

economic development initiatives.

HOME INVESTMENT PARTNERSHIPS PROGRAM

Inserts language proposed by the House which provides

$11,000,000 to the New Jersey Department of Community Affairs

and $25,000,000 to the North Carolina Housing Finance Agency.

This funding is for temporary rental assistance to very low-income

families displaced by the floods spawned by Hurricane Floyd. The

conferees direct HUD to provide these funds to the aforementioned

State agencies within two weeks of enactment of this Act.

HOMELESS ASSISTANCE GRANTS

Inserts language proposed by the Senate and modified by the

House authorizing HUD to spend funds from this account to renew

for one year those expiring Shelter Plus Care and Supportive Housing grants covered by the 1999 Notice of Funding Availability

(NOFA).

The conferees note their increasing concern about how priorities for this program are set. It is the understanding of the conferees that the McKinney program leaves the decision to renew expiring grants with local authorities. Thus, there is a fundamental

mismatch between a results-oriented program that creates a supply

of permanent housing that ends homelessness among chronically ill

persons, and HUD’s commitment to operating the program through

local decision-making. In addition, the conferees are concerned

about the long-term implications of automatically renewing all permanent housing commitments. By including this compromise, the

conferees are merely resolving the immediate issue and deferring

a more comprehensive decision to a more appropriate vehicle or to

a later date. Any comprehensive approach should include data and

management systems that can measure progress toward the goal of

ending chronic homelessness.

Inserts language proposed by the House authorizing HUD to

make technical assistance funds available for management and information systems.

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MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

Inserts new language limiting HUD from spending funds to

employ more than 9,100 full time equivalent (FTE) employees during fiscal year 2000. Additionally, HUD is directed to develop an

employee resource management plan that: (1) bases estimates and

allocations on the level of work and where it is to be performed;

(2) includes all departmental responsibilities in the work definition

and resource estimation system; (3) identifies what work can be

done with current human resource levels, and what tasks must be

done less often, not done, or contracted out if they are to be accomplished; and (4) includes a resource validation component that accurately measures what staff do. The Department is directed to

brief the Committees on Appropriations every six months on the

progress made in developing this plan until it is implemented.

HUD’s lack of an adequate staff plan begs the question of why

HUD is apparently racing to hire more than 764 employees by the

end of July, 2000. Though the limitation agreed to by the conferees

does not preclude HUD from continuing down this course, it should

be considered a warning that HUD cannot assume that funds to

cover more than 9,100 FTEs in fiscal year 2001 will be forthcoming.

This assumption, in addition to being reckless, is further jeopardized because HUD’s 2001 budget estimates about salary requirements are simply incorrect. The newest information from

HUD shows that rather than needing $78,800 per FTE for salaries,

HUD actually needs $82,000. This increase is due to HUD’s insistence to hire community builder fellows at grade and salary levels

that far out-strip career civil servants. In order to stave off employee complaints about the community builder program and to

boost the morale of the civil servants, HUD recently promoted 200

career civil servants and provided more than 3,000 quality step increases to career civil servants. These increases, though likely welldeserved, were not built into the fiscal year 2001 budget estimate.

The conferees believe that this decision, coupled with HUD’s insistence on hiring 764 new staff, constitutes serious mismanagement

and could create a crisis that may not be averted unless prompt responsible action is taken.

Thus, the conferees direct HUD to reconsider hiring to this

staff level until the Committees, along with the Office of Management and Budget (OMB), can undertake a review of HUD’s staffing

needs and relate them to a realistic budget proposal.

OFFICE OF INSPECTOR GENERAL

(INCLUDING RESCISSION OF FUNDS)

Inserts technical language proposed by the Senate and modified by the House rescinding and re-appropriating $6,000,000 for

the ‘‘Office of Inspector General’’ for the Housing Fraud Initiative.

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INDEPENDENT AGENCIES

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS

OPERATING EXPENSES

(RESCISSION OF FUNDS)

Inserts new language rescinding $1,000,000 from the National

Service Trust instead of transferring such amount as proposed by

the House. The conferees have included this rescission as part of

the appropriation of additional funds for the Office of Inspector

General.

OFFICE OF INSPECTOR GENERAL

Inserts $1,000,000 for the Office of Inspector General, as proposed by the House. The amount provided shall be for the purpose

of expanding the number of audits of State Commissions on National and Community Service. The conferees, recognizing the lateness of the additional funds, have agreed to make these funds

available until September 30, 2001.

ENVIRONMENTAL PROTECTION AGENCY

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

Inserts language as proposed by the House clarifying Congressional intent with respect to a specific grant made available in Public Law 106–74 and in prior Acts; and which transfers funds provided for a specific grant in Public Law 105–276 to the ‘‘State and

tribal assistance grant’’ account for specific water and wastewater

infrastructure projects.

New language has also been included which prohibits the Environmental Protection Agency from spending any funds available for

expenditure in fiscal years 2000 and 2001 to make a final determination on or implement any new rule relative to the Proposed

Revisions to the National Pollutant Discharge Elimination System

Program and Federal Antidegradation Policy and the Proposed Revisions to the Water Quality Planning and Management Regulations Concerning Total Maximum Daily Load, published in the Federal Register on August 23, 1999.

STATE AND TRIBAL ASSISTANCE GRANTS

Inserts language as proposed by the House making a technical

correction to a specific grant identified in project number 102 provided in Public Law 106–74; and inserts new language making further technical corrections with respect to specific grants identified

in project numbers 135 and 50 provided in Public Law 106–74.

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FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

The conferees have agreed to provide $50,000,000, in addition

to other amounts made available, to be derived from unobligated

balances made available under ‘‘Disaster Relief’’ in Public Law

106–74, as proposed by the Senate. The House has proposed an additional $77,400,000 for buyout of properties made uninhabitable

by Hurricane Floyd and surrounding events, under regulations promulgated in response to passage of Public Law 106–113. Both the

House and Senate bills had designated the funding as emergency

funding. The conferees have agreed to include up to $50,000,000 within

available disaster relief funds for buyouts and elevations of properties in the 100-year floodplain in areas which have had Presidential disaster declarations in fiscal years 1999 or 2000. FEMA is

to give priority consideration to grant proposals for buyouts or elevations of repetitive loss properties. The fact the conferees have

provided additional funds for buyouts reflects a recognition of significant demand for these funds in numerous states throughout the

country and the need for actions to reduce potential losses for future flood events. The action of the conferees is not a positive reflection, however, on how FEMA has executed this program to date.

The conferees are deeply troubled with FEMA’s implementation of

the buyout program as the agency has failed to meet statutory requirements to issue interim regulations by December 31, 1999,

failed to provide States with clearly defined guidance to apply eligibility criteria, failed to develop a standard method for assessing

fair market value and estimated costs per structure, and made an

interim allocation based on inaccurate State submissions resulting

in inequitable distribution of funds to the States. The conferees expect FEMA will address these major shortcomings, and those expected to be identified by the Inspector General shortly, and issue

a final rule in a timely manner. Without stronger oversight and accountability for these funds than has been exhibited to date, additional funds will not be provided.

The conferees are aware of a disaster declaration request submitted June 26, 2000 by the Governor of North Dakota for areas

in the eastern portion of the state affected by severe, unexpected

rainfall, and understand there likely will be a formal Presidential

declaration made shortly. The conferees recognize and applaud the

professional and dedicated response to this disaster, as well as the

initial damage assessments already performed by State and local

disaster officials and representatives of the Federal Emergency

Management Agency (FEMA). The conferees urge FEMA and other

Federal agencies involved in responding to these floods to act expeditiously in processing claims submitted by State and local officials

and affected residents upon the formal emergency declaration.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE, AERONAUTICS AND TECHNOLOGY

The conferees have provided an additional $1,000,000 for the

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ware IV&V work for future Mars missions, and an additional

$500,000 for the expansion of the Self Adaptive Vehicular Equipment (SAVE) project’s ‘‘Online Learning Flight Control for Intelligent Flight Controls Systems’’ initiative at the Dryden Flight Research Center.

GENERAL PROVISIONS—THIS CHAPTER

Section 2801. Inserts language as proposed by the House and

the Senate clarifying the intent of title V, subtitle C, section 538

of Public Law 106–74.

Section 2802. Inserts language as proposed by the Senate clarifying the intent of a specific grant provided in Public Law 106–113.

Sections 2803 and 2804. Inserts language as proposed by the

Senate making several technical corrections in title II of Public

Law 106–74.

CHAPTER 9

GENERAL PROVISION—THIS TITLE

DISTRICT OF COLUMBIA

Section 2901 appropriates $4,485,000 in Federal funds as proposed by the Senate to reimburse the District of Columbia for certain costs incurred in connection with the International Monetary

Fund and World Bank Organization Spring Conference held in the

District in April 2000. The conference agreement includes language

proposed by the Senate that designates this appropriation as an

emergency requirement available only to the extent that an official

budget request is received by the Congress.

TITLE III—COUNTER NARCOTICS

CHAPTER 1

DEPARTMENT OF DEFENSE—MILITARY

Chapter 1 of the conference agreement provides a total of

$184,059,000 in emergency supplemental appropriations for the

Department of Defense, instead of $185,800,000 as proposed by the

House and $115,700,000 as proposed by the Senate, to support

Plan Colombia goals and for the procurement of one Airborne Reconnaissance Low aircraft.

The following table provides details of the emergency supplemental appropriations in this chapter.

[In thousands of dollars]

Program FY2000

request

FY 2001

request House Senate Conference

Counter-narcotics battalion support ..................... 18,200 3,000 21,200 18,200 21,200

Counter-narcotics brigade headquarters .............. 1,000 0 1,000 1,000 1,000

Army aviation infrastructure support ................... 8,200 5,000 13,200 8,200 13,200

Military reform ....................................................... 3,000 3,000 6,000 3,000 6,000

Organic intelligence capability ............................. 0 5,000 5,000 0 5,000

Senior Scout .......................................................... 0 5,000 5,000 0 5,000

Tracker aircraft modifications .............................. 7,000 3,000 10,000 7,000 10,000

AC–47 aircraft modifications ............................... 1,000 6,400 7,400 1,000 7,400

Ground based radar .............................................. 13,000 7,000 20,000 0 13,000

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[In thousands of dollars]

Program FY2000

request

FY 2001

request House Senate Conference

Radar command and control ................................ 5,000 0 5,000 5,000 5,000

Andean ridge intelligence collection ..................... 3,000 4,000 7,000 3,000 7,000

Colombian ground interdiction ............................. 5,000 0 5,000 5,000 5,000

Classified .............................................................. 34,000 21,000 80,000 34,300 55,259

Airborne Reconnaissance Low aircraft ................. 0 0 0 30,000 30,000

AIRCRAFT PROCUREMENT, ARMY

The conferees agree to provide $30,000,000 for the procurement of one Airborne Reconnaissance Low (ARL) aircraft, as proposed by the Senate. This aircraft will replace the ARL aircraft lost

in the tragic crash during a counter-narcotics mission in Colombia

last year. The conferees are concerned that more ARL aircraft have

not been available on a regular basis to U.S. Southern Command,

and strongly urge the Department of Defense and the Army to provide more ARL mission aircraft for missions in the U.S. Southern

Command area of responsibility.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

The conferees agree to provide $154,059,000 in support of Plan

Colombia. The conferees direct the Secretary of Defense to provide

to the Committees on Appropriations, not later than 30 days following enactment of this Act, a report on the proposed uses of all

funds under this heading. This report shall describe steps taken to

ensure the maximum force protection of U.S. personnel while deployed in Colombia, including their rules of engagement. The conferees have provided funding for specific activities, as described in

the budget request, and direct the Under Secretary of Defense

(Comptroller) to notify the Committees on Appropriations 15 session days prior to any obligation or transfer of funds which is not

consistent with the specific purposes contained in the request and

delineated in this statement of managers.

Additionally, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict is directed to provide a monthly report to the congressional defense committees, which shall include the following information for the preceding month: Identification of private sector firms providing support to Plan Colombia in

any capacity, the number of American citizens located overseas in

execution of supporting contracts, and the number of military personnel and U.S. government employees operating in Colombia and

the surrounding region in support of Plan Colombia.

CLASSIFIED PROGRAMS

The conference agreement regarding classified programs is

summarized in a classified annex accompanying this statement of

managers.

GENERAL PROVISIONS—THIS CHAPTER

The conferees agree to retain and amend section 3101, as proposed by the House and amended by the Senate, which places limits on the funds made available in this Act to the Department of

166

Defense for the provision of support for counter-drug activities of

the Government of Colombia.

CHAPTER 2

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

DEPARTMENT OF STATE

ASSISTANCE FOR COUNTERNARCOTICS ACTIVITIES

The conference agreement recommends $1,018,500,000 in

emergency supplemental appropriations to reduce the supply of

narcotics to the United States from Colombia and Southern and

Central America and the Caribbean. The House bill recommended

$1,099,000,000 and the Senate amendment recommended

$934,100,000.

The President requested that $818,000,000 be designated as an

emergency requirement pursuant to the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended. In addition,

the President requested $256,000,000 in fiscal year 2001 to support

Plan Colombia. These funds shall only be available to the extent

that an official budget request that designates the entire amount

as an emergency requirement is transmitted to the Congress. The

conference agreement provides that these funds be available until

expended, as requested by the Administration.

The conference agreement provides a waiver of section 482(b)

of the Foreign Assistance Act of 1961, regarding the procurement

of weapons and ammunition, for funds under this heading. Also the

conference agreement requires that funds under this title shall be

subject to all limitations and restrictions contained in section 599D

of section 1000(a)(2) of Public Law 106–113, regarding funds for

population planning.

The conference agreement directs the Secretary of State, in

consultation with the Secretary of Defense and the Administrator

of the Agency for International Development, to provide to the

Speaker of the House of Representatives and to the Committees on

Appropriations not later than 30 days after enactment of this Act,

a report on the proposed uses of all funds under this heading on

a country-by-country basis for each proposed program, project or

activity. The conferees direct the Administration’s report to reflect

the priorities as provided in the following funding columns. The

conferees note that the report by the Secretary of State must be received prior to the initial obligation of any of these emergency supplemental funds. The conferees expect this report to serve as the

basis for any future reprogramming of funds by the Executive

Branch. Further, at least 20 days prior to the obligation of funds

under this title, the Secretary of State shall inform the Committees

on Appropriations.

ASSISTANCE FOR PLAN COLOMBIA

The assistance for Plan Colombia is designed to support the

five objectives of the Colombian government’s effort to gain control

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of the drug producing regions in southern Colombia; to increase

drug interdiction efforts; to provide additional assistance to the Colombian National Police; to increase alternative economic development programs, and to strengthen human rights and justice and

anti-crime programs.

SUPPORT FOR THE PUSH INTO SOUTHERN COLOMBIA

The conference agreement recommends $390,500,000 to support the Government of Colombia’s objective to gain control of the

drug producing regions of southern Colombia. These funds will support certain aspects of training and equipping the second and third

Colombian Army counternarcotics battalions. Central to this entire

effort is providing reliable airlift for these counternarcotics battalions. The conference agreement directs that funds will be utilized

to: procure and support 16 UH–60 Black Hawk helicopters; procure, refurbish, and support 30 UH–1H Huey II helicopters; and

support 15 UH–1N helicopters for use by the Colombian Army. The

conference agreement directs that UH–60 Black Hawk procurement be managed by the U.S. Defense Security Cooperation Agency. The conference agreement includes language, as contained in

the House bill, requiring that if any helicopter procured with funds

under this heading is used to aid or abet the operations of an illegal self-defense group or security cooperative, then such helicopter

shall be immediately returned to the United States. The conferees

recognize that significant resources under this title are dedicated

to procurement and sustainment of various aircraft for use by the

Colombia government and, therefore, support funds for defensive

systems to provide protection for these aircraft. As requested by

the Administration, the conference agreement recommends

$9,000,000 to procure Schweizer SA 2–37A organize intelligence

aircraft with forward looking infrared (FLIR) to support the counternarcotics battalions’ counter-drug surveillance. The conference

agreement directs funds for the following programs:

SUPPORT FOR THE PUSH INTO SOUTHERN COLOMBIA

House Senate Conference

Train and equip Colombian Army counternarcotics battalions ....................... $7,000,000 $7,000,000 $7,000,000

Army Counternarcotics battalion UH–1N program ........................................... 64,000,000 64,000,000 60,000,000

Army Counternarcotics battalion UH–60 Black Hawk program ....................... 362,000,000 ...................... 208,000,000

Army Counternarcotics battalion UH–1H Huey II program .............................. ...................... 118,500,000 60,000,000

Sustain Army counternarcotics battalion ......................................................... 6,000,000 6,000,000 6,000,000

Forward infrastructure development ................................................................. 3,000,000 5,000,000 3,000,000

Force protection enhancements ........................................................................ 4,000,000 7,000,000 4,000,000

Logistical Support ............................................................................................. 4,400,000 8,000,000 4,400,000

Army Counternarcotics battalion organic intelligence ..................................... 9,000,000 9,000,000 9,000,000

Training for senior commanders ...................................................................... 1,100,000 1,100,000 1,100,000

Army Counternarcotics battalion communications ........................................... 3,000,000 ...................... 3,000,000

Other infrastructure and sustainment ............................................................. 6,500,000 ...................... ......................

Alternative development in southern Colombia ............................................... 16,000,000 10,000,000 10,000,000

Temporary emergency resettlement and employment ...................................... 15,000,000 15,000,000 15,000,000

Total ..................................................................................................... 501,000,000 250,600,000 390,500,000

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SUPPORT FOR INTERDICTION EFFORTS

The conference agreement recommends $129,400,000 to enhance United States and Colombian narcotics interdiction efforts.

The majority of these funds are dedicated to upgrading the radar

systems in four U.S. Customs Service P–3 airborne early warning

interdiction aircraft. The U.S. Customs Service aircraft are dedicated to missions to detect and monitor suspect targets destined for

the United States from cocaine source zones, primarily Colombia.

Additionally, the Committee directs funds U.S. and Colombian air,

land, and sea interdiction programs as follows:

SUPPORT FOR INTERDICTION EFFORTS

House Senate Conference

Upgrade Colombian Air Force OV–10 aircraft .................................................. $15,000,000 $15,000,000 $15,000,000

Upgrade aircraft for night operations .............................................................. 1,900,000 1,500,000 1,900,000

Airfield upgrades .............................................................................................. 8,000,000 8,000,000 8,000,000

Upgrade U.S. Customs Service P–3 aircraft radar systems ............................ 68,000,000 68,000,000 68,000,000

Support for Colombian air interdiction program .............................................. 19,500,000 19,500,000 19,500,000

Support for Colombian riverine interdiction program ...................................... 12,000,000 12,000,000 12,000,000

Ammunition for Colombian riverine interdiction program ............................... 2,000,000 2,000,000 2,000,000

Colombian Navy operations infrastructure support ......................................... 1,000,000 1,000,000 1,000,000

U.S. ONDCP Counternarcotics intelligence architecture ................................... 1,000,000 500,000 ......................

U.S. Treasury/OFAC sanctions support ............................................................. 2,100,000 2,000,000 2,000,000

Civil beacons .................................................................................................... ...................... 2,000,000 ......................

Go Fast Boat ..................................................................................................... ...................... 1,000,000 ......................

Total ..................................................................................................... 130,500,000 132,500,000 129,400,000

SUPPORT FOR THE COLOMBIAN NATIONAL POLICE

The conference agreement recommends $115,600,000 to support the Colombian National Police (CNP). The conferees note that

the CNP has for years been at the forefront of the Colombian government’s counter-narcotics efforts and has received significant

United States support in recent years. The conference agreement

recommends three significant programs to enhance the CNP’s

eradication efforts. These include: $26,000,000 for procurement,

training and support for two UH–60 Black Hawk helicopters;

$20,600,000 for twelve UH–1H Huey II helicopters; and

$20,000,000 for the purchase of Ayers S2R T–65 agricultural spray

aircraft and OV–10 aircraft. The conference agreement recommends additional funds be provided for communications, ammunition, spare parts, training and logistical support. The conference

agreement directs funds for the following programs:

SUPPORT FOR THE COLOMBIAN NATIONAL POLICE

House Senate Conference

Secure communications .................................................................................... $3,000,000 $3,000,000 $3,000,000

Weapons and ammunition ................................................................................ 3,000,000 3,000,000 3,000,000

UH–60 Black Hawk procurement and support ................................................. 26,000,000 ...................... 26,000,000

Enhanced Logistical Support ............................................................................ 2,000,000 2,000,000 2,000,000

CNP forward operating capability and force protection .................................. 5,000,000 5,000,000 5,000,000

CNP border bases construction ........................................................................ 5,000,000 5,000,000 5,000,000

Additional CNP airmobile units ........................................................................ 2,000,000 2,000,000 2,000,000

Upgrade CNP aviation facilities ....................................................................... 8,000,000 8,000,000 8,000,000

Additional spray aircraft ................................................................................... 20,000,000 20,000,000 20,000,000

Upgrade existing CNP airplanes (including FLIR) ............................................ 5,000,000 5,000,000 5,000,000

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SUPPORT FOR THE COLOMBIAN NATIONAL POLICE—Continued

House Senate Conference

Upgrade 12 UH–1H helicopters to Huey II configuration ................................ 20,600,000 24,000,000 20,600,000

Sustainment and operations ............................................................................ 5,000,000 5,000,000 5,000,000

Training for pilots and mechanics ................................................................... 1,900,000 2,500,000 2,000,000

Airfield security ................................................................................................. 2,000,000 2,000,000 2,000,000

Enhanced eradication ....................................................................................... 4,000,000 4,000,000 4,000,000

Spare parts ....................................................................................................... 3,000,000 3,000,000 3,000,000

Total ..................................................................................................... 115,500,000 93,500,000 115,600,000

SUPPORT FOR ALTERNATIVE AND ECONOMIC DEVELOPMENT IN

COLOMBIA

The conference agreement recommends $81,000,000 to support

alternative and economic development programs in Colombia.

These funds are in addition to funds provided for alternative development associated with the Colombian government’s objective to

‘‘Push into Southern Colombia’’. The conferees recommend funding

levels for these programs at levels below the House and Senate

bills since these supplemental funds are not expected to reach Colombia until the last quarter of fiscal year 2000. The conferees believe that additional funding for these programs can be made available during the regular fiscal year 2001 appropriations process.

The conference agreement recommends $4,000,000 for operating expenses for the Agency for International Development to effectively

manage this program. The conferees direct funds for the following

programs:

SUPPORT FOR ALTERNATIVE AND ECONOMIC DEVELOPMENT IN COLOMBIA

House Senate Conference

Environmental programs ................................................................................... $5,000,000 $2,500,000 $2,500,000

Voluntary eradication programs ....................................................................... 46,000,000 46,000,000 30,000,000

Assistance to local governments ...................................................................... 15,000,000 12,000,000 12,000,000

Assistance for internally displaced persons .................................................... 24,500,000 24,500,000 22,500,000

AID Operating Expenses in Colombia ............................................................... 6,000,000 4,500,000 4,000,000

Community-level alternative development ....................................................... 20,000,000 20,000,000 10,000,000

Total ..................................................................................................... 116,500,000 109,500,000 81,000,000

SUPPORT FOR HUMAN RIGHTS AND JUDICIAL REFORM IN COLOMBIA

The conference agreement recommends $122,000,000 for a

broad range of human rights, judicial reform, and other programs

designed to support the peace process and to strengthen democracy

and rule of law in Colombia. The conferees strongly support funding for these programs and recognize that protecting human rights

and rule of law are central to the overall goals of Plan Colombia.

The conferees note that the recommended level for these important

programs is $29,000,000 more than requested by the Administration. The conference agreement includes $2,500,000 to support the

rehabilitation of child soldiers instead of $5,000,000 as proposed by

the Senate. The House bill did not address this matters. The conference agreement directs funds for the following programs:

170

SUPPORT FOR HUMAN RIGHTS AND JUDICIAL REFORM IN COLOMBIA

House Senate Conference

Protection of human rights workers ................................................................. $4,500,000 $4,000,000 $4,000,000

Strengthen human rights institutions .............................................................. 8,500,000 7,000,000 7,000,000

Establish CNP/Fiscalia human rights units ..................................................... 4,000,000 25,000,000 25,000,000

Judicial system policy reform ........................................................................... 2,500,000 1,500,000 1,000,000

Criminial code reform ....................................................................................... 3,500,000 3,500,000 1,500,000

Prosecutor training ........................................................................................... 4,500,000 4,000,000 4,000,000

Judges training ................................................................................................. 4,000,000 4,000,000 3,500,000

Casa de Justicia judicial program ................................................................... 6,500,000 3,000,000 1,000,000

Public defender program .................................................................................. 2,500,000 2,000,000 2,000,000

Asset forfeiture-money laundering task force .................................................. 4,000,000 1 15,000,000 15,000,000

Counternarcotics investigative units ................................................................ 4,000,000 ...................... ......................

Anti-corruption program ................................................................................... 6,000,000 (1) ......................

Asset management program ............................................................................ 1,000,000 (1) ......................

Anti-kidnapping program .................................................................................. 2,000,000 2,000,000 1,000,000

Financial crime program .................................................................................. 3,000,000 (1) ......................

Judicial Police training program ...................................................................... 4,000,000 4,000,000 3,000,000

Witness and judicial security ........................................................................... 5,000,000 5,000,000 5,000,000

Armed Forces human rights and legal reform ................................................. 1,500,000 ...................... 1,500,000

Army JAG School ............................................................................................... 1,000,000 ...................... 1,000,000

Training for Customs police ............................................................................. 6,000,000 6,000,000 2,000,000

Maritime enforcement and port security .......................................................... 4,000,000 4,000,000 2,500,000

Multilateral case initiative ............................................................................... 4,500,000 4,500,000 3,000,000

Prison security program .................................................................................... 8,000,000 8,000,000 4,500,000

Banking supervision assistance ....................................................................... 1,000,000 1,000,000 1,000,000

Revenue enhancement assistance ................................................................... 1,000,000 1,000,000 500,000

Customs training assistance ............................................................................ 1,000,000 1,000,000 1,000,000

Conflict management and peace process ........................................................ 1,000,000 5,000,000 3,000,000

U.N. Office of Human Rights ............................................................................ ...................... 1,000,000 1,000,000

U.S. Government monitoring ............................................................................. ...................... 1,500,000 1,500,000

Organized financial crime ................................................................................ ...................... 1 15,000,000 14,000,000

Rehabilitationn of Child Soldiers ..................................................................... ...................... 5,000,000 2,500,000

Witness/Judicial Security Human Rights Cases ............................................... ...................... 10,000,000 10,000,000

Total ..................................................................................................... 98,500,000 143,000,000 122,000,000

1 Designates a combination of accounts.

REGIONAL ASSISTANCE

The conferees recognize the unique narcotics crisis affecting

Colombia and the United States and has, therefore, responded to

the President’s request that the overwhelming majority of these

emergency funds be provided in direct support of Plan Colombia.

However, this effort requires a greater regional emphasis so that

the problems associated with the cultivation, processing and trafficking of illegal narcotics are not simply relocated elsewhere in the

region. Therefore, the conference agreement recommends

$180,000,000 for assistance for other countries in the region. Of

these funds, the conferees recommend that up to $32,000,000 be

made available to procure American-made KMAX helicopters and

to provide initial training, logistics, and technical support for four

years. The conference agreement recommends not less than

$18,000,000 for interdiction programs in other countries in South

and Central America and the Caribbean. The conferees are aware

of the significant interdiction requirements in Panama, Costa Rica,

Brazil, The Bahamas, and Venezuela. The conferees direct that the

Secretary of State, when reporting to the Committees on Appropriations as required by this Act, provide recommendations and

justifications for the use of these funds on a country-by-country

basis.

171

The conference agreement provides that not less than $110,000,000 be made available for assistance for Bolivia, including

$85,000,000 which may be made available for alternative development and other economic activities. The conferees strongly support

the efforts of the Bolivian government, through its ‘‘Dignity Plan’’,

to terminate coca production in Bolivia.

The conference agreement recommends that not less than $20,000,000 may be made available for assistance for Ecuador, including $8,000,000 which may be made available for alternative development and other economic activities.

The conference agreement includes bill language regarding

conditions on assistance for Colombia which is similar to language

contained in the House bill and the Senate bill. This bill language

requires the Secretary of State to certify that a number of conditions have been met by the Government of Colombia prior to the

initial obligation of funds under this heading.

The conference agreement includes language regarding limitations on the use of appropriated funds in support of Plan Colombia

and the assignment of United States military personnel in Colombia which is similar to language contained in the Senate bill. The

House bill contained a similar provision. The conferees note that

this provision places a limitation on the assignment of any United

States military personnel in Colombia in connection with support

of Plan Colombia and does not apply to other United States military personnel in Colombia not directly supporting of Plan Colombia.

The conference agreement does not include bill language requiring certain reporting requirements regarding conditions on assistance to Colombia as proposed by the Senate. However, the conferees expect that beginning 60 days after the date of enactment

of this Act, and every 180 days thereafter for the duration of the

provision of resources administered under this Act, the Secretary

of State shall submit a report to the Appropriations Committees

and other congressional committees as appropriate which contains:

A description of the extent to which the Colombian Armed

Forces have suspended from duty Colombian Armed Forces personnel who are credibly alleged to have committed gross violations

of human rights, and the extent to which such personnel have been

brought to justice in Colombia’s civilian courts, including a description of the charges brought and the disposition of such cases.

An assessment of efforts made by the Colombian Armed

Forces, National Police, and Attorney General to disband paramilitary groups, including the names of Colombian Armed Forces

personnel brought to justice for aiding or abetting paramilitary

groups and the names of paramilitary leaders and members who

were indicted, arrested and prosecuted.

A description of the extent to which the Colombian Armed

Forces cooperate with civilian authorities in investigating and prosecuting gross violations of human rights allegedly committed by its

personnel, including the number of such personnel being investigated for gross violations of human rights who are suspended

from duty.

A description of the extent to which attacks against human

rights defenders, government prosecutors and investigators, and ofVerDate 11-MAY-2000 21:35 Jun 30, 2000 Jkt 065231 PO 00000 Frm 00171 Fmt 6601 Sfmt 6601 E:\HR\OC\HR710.084 pfrm03 PsN: HR710
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ficials of the civilian judicial system in Colombia, are being investigated and the alleged perpetrators brought to justice.

An estimate of the number of Colombian civilians displaced as

a result of the ‘‘push into southern Colombia’’, and actions taken

to address the social and economic needs of these people.

A description of actions taken by the United States and the

Government of Colombia to promote and support a negotiated settlement of the conflict in Colombia.

The conference agreement includes bill language, identical to

the House bill, regarding the denial of visas for persons credibly alleged to have aided or abetted Colombian insurgent and paramilitary groups. Further, the conference agreement includes bill

language, as proposed by the Senate, requiring a report by the

President on the current United States policy and strategy regarding United States counternarcotics assistance for Colombia and

neighboring countries.

The conferees direct that not later than 60 days after the enactment of this Act, the Secretary of State, in consultation with the

heads of other relevant United States federal agencies, report to

the Committees on Appropriations regarding the effects on human

health and the safety of herbicides utilized under this title. The

House bill did not address this matter.

The conference agreement does not include bill language regarding certain counternarcotics measures, as proposed by the Senate. The conferees believe that the Government of Colombia should

commit itself immediately to the urgent development and application of naturally occurring and ecologically sound methods for

eradicating illicit crops, which could reduce significantly the loss of

life in Colombia and the United States.

Further, the conferees believe that the effectiveness of United

States counternarcotics assistance to Colombia depends on law enforcement officials in Colombia having full access to all areas of Colombian national territory. Also, the conferees believe that the governments of the countries receiving assistance under this title

should take steps to bring to justice narcotics traffickers and, if requested, extradite these traffickers to the United States.

The conference agreement includes bill language, as proposed

by the Senate, requiring a detailed report by the Secretary of State

regarding the extradition of narcotics traffickers to the United

States. The House bill did not address this matter.

The conference agreement includes bill language, as proposed

by the Senate, requiring the Secretary of State to make a certification regarding the United States Government’s public support for

the military and political efforts of the Government of Colombia.

The House bill did not address this matter.

The conference agreement does not include bill language, as

proposed by the Senate amendment, regarding United States citizens held hostage in Colombia. The House bill did not address this

matter. The conferees are deeply concerned that three American

citizens, David Mankins, Mark Rich, and Rick Tenenoff, have been

held hostage by Revolutionary Armed Forces of Colombia (FARC)

guerrillas since January 31, 1993. These men were engaged in humanitarian and religious work when they were taken hostage. The

conferees condemn these kidnappings and urge the Administration

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and the United Nations to work to gain the prompt release of these

Americans.

CHAPTER 3

MILITARY CONSTRUCTION, DEFENSE-WIDE

The conferees recommend $116,523,000 for Military Construction, Defense-wide, as proposed by the House and Senate. These

amounts are provided as a contingent emergency appropriation for

the construction of three Forward Operating Locations to support

the Colombia Anti-Drug Program, as follows:

Location/Facility Cost

Ecuador:

Airfield Pavement/Rinse Facility .................................................. $38,600,000

Aircraft Maintenance Hangar/Nose/Dock Apron ......................... 6,723,000

Expeditionary Maintenance Facilities .......................................... 4,900,000

Expeditionary Rescue Station ....................................................... 2,200,000

Expeditionary Squadron Ops/AMU/Storage ................................. 2,600,000

Expeditionary Visiting Airmen Quarters/Dining Facility ........... 4,650,000

Expeditionary Visiting Officer Quarters ....................................... 1,600,000

Subtotal, Ecuador ....................................................................... 61,273,000

Aruba:

Airfield Pavement/Rinse Facility .................................................. 8,800,000

Expeditionary Maintenance Facilities .......................................... 860,000

Small Exped. Aircraft Maintenance Hangar/Apron ..................... 590,000

Subtotal, Aruba ........................................................................... 10,250,000

Curacao:

Airfield Pavement/Rinse Facility .................................................. 29,500,000

Aircraft Maintenance Hangar/Nose/Dock Apron ......................... 9,200,000

Expeditionary Maintenance Facilities .......................................... 3,000,000

Expeditionary Squadron Ops/AMU/Storage ................................. 2,200,000

Subtotal, Curacao ........................................................................ 43,900,000

Various: Planning and Design ........................................................................ 1,100,000

Subtotal, Various ........................................................................ 1,100,000

Total ......................................................................................... 116,523,000

TITLE IV—LEWIS AND CLARK RURAL WATER SYSTEM

Lewis and Clark Rural Water System Project.—The conference

agreement includes language authorizing the Lewis and Clark

Rural Water System project in South Dakota. Both the House and

Senate versions of the Lewis and Clark Rural Water System legislation contained provisions to make Pick-Sloan power that had

been reserved for future irrigation and drainage pumping for the

Pick-Sloan Missouri Basin Program available at the firm power

rate during the irrigation season, May 1 through October 31 each

year, so long as the system is operated on a not-for-profit basis.

Pick-Sloan capacity and energy will be provided by the Western

Area Power Administration to the rural water system at the firm

power rate schedule of the Pick-Sloan Eastern Division of the

Western Area Power Administration in effect when the power is delivered by Western to the qualified preference power supplier,

which will be responsible for delivery of Pick-Sloan power. The conferees understand that the qualified preference entity is entitled to

include in its charges to the rural water system its other usual and

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customary charges. Additional power supply for the water supply

project shall be provided in accordance with state law.

TITLE V—GENERAL PROVISIONS THIS DIVISION

Section 5102. The conference agreement includes a provision

that repeals certain pay date shifts that were included in the Fiscal

Year 2000 Consolidated Appropriations Act. That Act provided that

when military members were to be paid on September 30, 2000, or

when civilian employees were to be paid on September 29, 2000, or

on September 30, 2000, these groups were to be paid on October

1, 2000.

Section 5103. The conference agreement includes a new provision that nullifies the final proviso of title VI of the fiscal year 2000

Foreign Operations, Export Financing, and Related Programs Appropriations Act.

Section 5104. The conference agreement includes a House provision that repeals Section 216 of the Departments of Labor,

Health and Human Services, and Education and Related Agencies

Appropriations Act, 2000. This section provides for the delayed obligation of funds within a number of accounts. As a result of this

action, the department and agencies funded by this Act will be able

to obligate funds in the normal pattern.

Section 5105. The conference agreement includes a new provision, which was requested in the fiscal year 2001 budget submission, that restores Supplemental Security Income payments to the

appropriate year, so that all payments are made consistent with

the normal rules for making SSI payments which come due on a

weekend or non-banking day.

Section 5106. The conference agreement includes a new provision, which was requested in the fiscal year 2001 budget submission, that moves the pay date for veterans’ compensation and pensions from fiscal year 2001 to fiscal year 2000.

Section 5107. The conference agreement includes a provision

waiving sequestration for fiscal year 2000 for any of the supplemental funding included.

Section 5108. The conference agreement includes a provision

that permits the Senate to consider fiscal year 2001 appropriations

bills at the level of the fiscal year 2001 budget resolution.

Section 5109. The conference agreement includes a provision

that shifts $2,000,000,000 in outlays only from the defense category

to the non-defense category without changing the aggregate totals.

The provision affects the defense/non-defense firewall applicable to

the Senate only under the terms of the fiscal year 2001 budget resolution.

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DIVISION C

CERRO GRANDE FIRE

TITLE I—CERRO GRANDE FIRE ASSISTANCE ACT

COMPENSATION FOR VICTIMS OF CERRO GRANDE FIRE

FEDERAL EMERGENCY MANAGEMENT AGENCY

CERRO GRANDE FIRE ASSISTANCE FUND AND CLAIMS OFFICE

The conferees have agreed to provide an appropriation of $500,000,000 for the Federal Emergency Management Agency to

carry out the provisions of the Cerro Grande Fire Assistance Act.

The Cerro Grande Fire Assistance Act (‘‘the Act’’) provides a

comprehensive and expeditious process for the settlement of claims

resulting from the Cerro Grande Fire, which was caused by the

prescribed burn initiated by the National Park Service on Federal

land at Bandelier National Monument in New Mexico. The claims

process will be administered through a new Office of Cerro Grande

Fire Claims at the Federal Emergency Management Agency

(FEMA).

On May 4, 2000, the National Park Service initiated a prescribed burn on Federal land at Bandelier National Monument in

New Mexico during the peak of the southwest fire season. One day

later, the prescribed burn exceeded the containment capabilities of

the National Park Service, was reclassified as a wildland burn, and

quickly spread to other Federal and non-Federal lands. By May 7,

2000, the fire had grown in size, spreading to residential areas and

causing the evacuation of several communities in northern New

Mexico, including Los Alamos.

The Cerro Grande Fire was the largest forest fire in the state

of New Mexico’s history. The fire damaged or destroyed more than

48,000 acres of forest, 37 million trees, 439 homes, caused injuries,

property damages and personal injuries to more than 1,000 families, countless businesses, the County of Los Alamos, the State of

New Mexico, two Indian tribes and several other Federal and nonFederal entities. The Secretary of Interior and the National Park

Service have assumed responsibility for the fire and the subsequent

injuries which resulted from it.

The Act provides full compensation for injuries resulting from

the Cerro Grande Fire. The term ‘‘injury’’ is given the same meaning as in the Federal Tort Claims Act. However, the Act contains

an instructive list of allowable damages for injuries which constitute losses of property, business losses or financial losses. The

conferees intend that FEMA compensate fully all injured parties

for these enumerated damages if the damages resulted from the

Cerro Grande Fire. The Act also gives FEMA the discretion to compensate fully injured parties for any other damages resulting from

the fire which FEMA deems appropriate.

Those eligible for compensation through the claims process include all entities which suffered injuries resulting from the fire, including individuals, Indian tribes, corporations, tribal corporations,

partnerships, companies, school districts, other state and local governmental entities and insurance companies. The conferees are

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aware that certain members of the Los Alamos community injured

by the fire are non-citizens lawfully present in the United States

who are otherwise ineligible for certain assistance from FEMA and

other governmental agencies. The Act intends that these individuals be compensated for their losses in the same manner as any

other injured party.

The Act requires that FEMA also compensate insurance companies as subrogees for claims paid to insureds for damages resulting from the fire. However, the Act makes clear that, to the maximum extent practicable, insurance companies should receive payment for their claims only after those claims submitted by other injured parties are satisfied.

The Act requires FEMA within 45 days of enactment of the Act

to promulgate interim final regulations for the processing and payment of claims. Injured parties must file their claims within 2

years from the date on which such regulations are promulgated.

FEMA must determine and fix the amount of payment of each

claim within 180 days of its filing.

The conferees are concerned that injured parties only be compensated once for injuries resulting from the fire. To prevent double recoveries and to maintain an orderly claims process, the Act

requires that injured parties elect to pursue damages for their injuries either by submitting a claim to the Cerro Grande Fire Claims

Office or by filing a claim in the courts under the Federal Tort

Claims Act or any other provision of law. If a party elects to file

a claim with the Cerro Grande Fire Claims Office, the party may

not subsequently file a claim in court for the same damages. Conversely, parties who choose to pursue damages in a court of law

may not file a claim under this Act.

The conferees recognize that disputes may arise over claims

submitted under this Act. The Act preserves the rights of individuals to request judicial review of their final claims awards in the

Federal District Court for the District of New Mexico. The Act also

allows aggrieved claimants in lieu of Federal court to elect binding

arbitration of their claims award by a neutral third party under a

process to be determined by FEMA.

The conferees note that the responsibility given to FEMA

under this Act is outside the scope of the work FEMA normally

performs in managing disasters. The conferees have confidence

that FEMA and its Director will manage the claims process in accordance with the intent of this Act, and that this new, temporary

responsibility will not diminish FEMA’s ability to manage other

current and future disasters under the Stafford Act. The conferees

also intend that no funds to administer this Act or pay claims will

be derived from the Disaster Relief Fund.

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TITLE II—CERRO GRANDE FIRE EMERGENCY

SUPPLEMENTAL APPROPRIATIONS

DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

EMERGENCY CONSERVATION PROGRAM

The conference agreement provides an additional $10,000,000

for the emergency conservation program (ECP), to remain available

until expended. The conferees include language that allows ECP

funds to be used to rehabilitate farmland damaged from fires that

resulted from prescribed burning conducted by the Federal government, and exempts these funds from certain cost-share requirements.

NATURAL RESOURCES CONSERVATION SERVICE

WATERSHED AND FLOOD PREVENTION OPERATIONS

The conference agreement recommends an additional

$4,000,000, to remain available until expended, to repair damages

as a result of the Los Alamos, New Mexico fires.

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

CERRO GRANDE FIRE ACTIVITIES

The conference agreement appropriates $138,000,000 for the

Department of Energy for damage sustained by the Los Alamos

National Laboratory in the Cerro Grande fire. The entire amounts

has been designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

The conference agreement provides $53,340,000 for physical

damage, destruction repair and risk mitigation; $27,260,000 for restoring services; $39,400,000 for emergency response; and

$18,000,000 for resuming laboratory operations.

The Department is directed to provide a monthly report showing the estimated costs for each activity, the actual costs incurred,

and a brief description of the activities performed. The Department

should work with the House and Senate Committees on Appropriations on the format for this report.

DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

The conference agreement provides $8,982,000 in emergency

funding for operation of Indian programs for the Pueblo of Santa

Clara and the Pueblo of San Ildefonso for restoration, rehabilitation and reforestation of tribal lands and facilities damaged by the

Cerro Grande fire in New Mexico. The entire amount is contingent

on receipt of a budget request that includes a Presidential designation of the entire amount as an emergency requirement pursuant

to the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

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GENERAL PROVISION—THIS TITLE

Section 2101 allows members of the Pueblo of San Ildefonso

and the Pueblo of Santa Clara to collect plants and minerals in the

Bandelier National Monument. The extensive areas burned by the

Cerro Grande fire have severely reduced the availability of local

plants, clays and soils traditionally used by these Pueblos. To allow

their traditional ceremonies to continue uninterrupted, it is necessary to allow enrolled members of both Pueblos access to plant

and mineral resources that are available in the Bandelier National

Monument at quantities greater than allowed by current regulations of the National Park Service. These activities would be consistent with applicable laws governing the Monument.

For the consideration of the House bill and Division A of

the Senate amendment and modifications committed to

conference:

DAVID L. HOBSON, JOHN EDWARD PORTER, TODD TIAHRT, JAMES T. WALSH, DAN MILLER, ROBERT B. ADERHOLT,

KAY GRANGER,

VIRGIL GOODE, Jr.,

C.W. BILL YOUNG,

JOHN W. OLVER,

CHET EDWARDS,

SAM FARR,

ALLEN BOYD,

NORMAN D. DICKS,

DAVID OBEY,

For the consideration of Division B of the Senate amendment and modifications committed to conference:

C.W. BILL YOUNG,

RALPH REGULA,

JERRY LEWIS,

HAROLD ROGERS,

JOE SKEEN,

SONNY CALLAHAN,

DAVID OBEY,

JOHN MURTHA,

Managers on the Part of the House.

CONRAD BURNS,

KAY BAILEY HUTCHISON,

LARRY CRAIG,

JON KYL,

TED STEVENS,

PATTY MURRAY,

HARRY REID,

DANIEL K. INOUYE,

ROBERT C. BYRD,

Managers on the Part of the Senate.

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