PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 511

Public Law 106–246

106th Congress

An Act

Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

DIVISION A—FISCAL YEAR 2001 MILITARY CONSTRUCTION

APPROPRIATIONS

That the following sums are appropriated, out of any money

in the Treasury not otherwise appropriated for military construction, family housing, and base realignment and closure functions

administered by the Department of Defense, for the fiscal year

ending September 30, 2001, and for other purposes, namely:

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of

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

law, including personnel in the Army Corps of Engineers and other

personal services necessary for the purposes of this appropriation,

and for construction and operation of facilities in support of the

functions of the Commander in Chief, $909,245,000, to remain

available until September 30, 2005: Provided, That of this amount,

not to exceed $109,306,000 shall be available for study, planning,

design, architect and engineer services, and host nation support,

as authorized by law, unless the Secretary of Defense determines

that additional obligations are necessary for such purposes and

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

MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of

temporary or permanent public works, naval installations, facilities,

and real property for the Navy as currently authorized by law,

including personnel in the Naval Facilities Engineering Command

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

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

shall be available for study, planning, design, architect and engineer

services, as authorized by law, unless the Secretary of Defense

Military

Construction

Appropriations

Act, 2001.

July 13, 2000

[H.R. 4425]

114 STAT. 512 PUBLIC LAW 106–246—JULY 13, 2000

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

of Congress of his determination and the reasons therefor.

MILITARY CONSTRUCTION, AIR FORCE

For acquisition, construction, installation, and equipment of

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

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

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

be available for study, planning, design, architect and engineer

services, as authorized by law, unless the Secretary of Defense

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

of Congress of his determination and the reasons therefor.

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment of

temporary or permanent public works, installations, facilities, and

real property for activities and agencies of the Department of

Defense (other than the military departments), as currently authorized by law, $814,647,000, to remain available until September

30, 2005: Provided, That such amounts of this appropriation as

may be determined by the Secretary of Defense may be transferred

to such appropriations of the Department of Defense available for

military construction or family housing as he may designate, to

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

for the same time period, as the appropriation or fund to which

transferred: Provided further, That of the amount appropriated,

not to exceed $77,505,000 shall be available for study, planning,

design, architect and engineer services, as authorized by law, unless

the Secretary of Defense determines that additional obligations

are necessary for such purposes and notifies the Committees on

Appropriations of both Houses of Congress of his determination

and the reasons therefor.

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Army National Guard, and contributions therefor, as authorized

by chapter 1803 of title 10, United States Code, and Military

Construction Authorization Acts, $281,717,000, to remain available

until September 30, 2005.

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Air National Guard, and contributions therefor, as authorized by

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

September 30, 2005.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 513

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

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

States Code, and Military Construction Authorization Acts,

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

MILITARY CONSTRUCTION, NAVAL RESERVE

(INCLUDING RESCISSIONS)

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

reserve components of the Navy and Marine Corps as authorized

by chapter 1803 of title 10, United States Code, and Military

Construction Authorization Acts, $64,473,000, to remain available

until September 30, 2005: Provided further, That the funds appropriated for ‘‘Military Construction, Naval Reserve’’ under Public

Law 105–45, $2,400,000 is hereby rescinded.

MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

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

States Code, and Military Construction Authorization Acts,

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

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

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

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations

(including international military headquarters) and for related

expenses for the collective defense of the North Atlantic Treaty

Area as authorized in Military Construction Authorization Acts

and section 2806 of title 10, United States Code, $172,000,000,

to remain available until expended.

FAMILY HOUSING, ARMY

For expenses of family housing for the Army for construction,

including acquisition, replacement, addition, expansion, extension

and alteration and for operation and maintenance, including debt

payment, leasing, minor construction, principal and interest

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

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

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

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

FAMILY HOUSING, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps

for construction, including acquisition, replacement, addition,

114 STAT. 514 PUBLIC LAW 106–246—JULY 13, 2000

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

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

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

FAMILY HOUSING, AIR FORCE

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including

debt payment, leasing, minor construction, principal and interest

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

for Construction, $251,982,000, to remain available until September

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

$820,879,000; in all $1,072,861,000.

FAMILY HOUSING, DEFENSE-WIDE

For expenses of family housing for the activities and agencies

of the Department of Defense (other than the military departments)

for construction, including acquisition, replacement, addition,

expansion, extension and alteration, and for operation and maintenance, leasing, and minor construction, as authorized by law, for

Operation and Maintenance, $44,886,000.

BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV

For deposit into the Department of Defense Base Closure

Account 1990 established by section 2906(a)(1) of the Department

of Defense Authorization Act, 1991 (Public Law 101–510),

$1,024,369,000, to remain available until expended: Provided, That

not more than $865,318,000 of the funds appropriated herein shall

be available solely for environmental restoration, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the

reasons therefor.

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in Military Construction Appropriations Acts shall be expended for payments under

a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States,

except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.

SEC. 102. Funds appropriated to the Department of Defense

for construction shall be available for hire of passenger motor

vehicles.

SEC. 103. Funds appropriated to the Department of Defense

for construction may be used for advances to the Federal Highway

Administration, Department of Transportation, for the construction

of access roads as authorized by section 210 of title 23, United

States Code, when projects authorized therein are certified as

important to the national defense by the Secretary of Defense.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 515

SEC. 104. None of the funds appropriated in this Act may

be used to begin construction of new bases inside the continental

United States for which specific appropriations have not been made.

SEC. 105. No part of the funds provided in Military Construction

Appropriations Acts shall be used for purchase of land or land

easements in excess of 100 percent of the value as determined

by the Army Corps of Engineers or the Naval Facilities Engineering

Command, except: (1) where there is a determination of value

by a Federal court; (2) purchases negotiated by the Attorney General

or his designee; (3) where the estimated value is less than $25,000;

or (4) as otherwise determined by the Secretary of Defense to

be in the public interest.

SEC. 106. None of the funds appropriated in Military Construction Appropriations Acts shall be used to: (1) acquire land; (2)

provide for site preparation; or (3) install utilities for any family

housing, except housing for which funds have been made available

in annual Military Construction Appropriations Acts.

SEC. 107. None of the funds appropriated in Military Construction Appropriations Acts for minor construction may be used to

transfer or relocate any activity from one base or installation to

another, without prior notification to the Committees on Appropriations.

SEC. 108. No part of the funds appropriated in Military

Construction Appropriations Acts may be used for the procurement

of steel for any construction project or activity for which American

steel producers, fabricators, and manufacturers have been denied

the opportunity to compete for such steel procurement.

SEC. 109. None of the funds available to the Department of

Defense for military construction or family housing during the

current fiscal year may be used to pay real property taxes in

any foreign nation.

SEC. 110. None of the funds appropriated in Military Construction Appropriations Acts may be used to initiate a new installation

overseas without prior notification to the Committees on Appropriations.

SEC. 111. None of the funds appropriated in Military Construction Appropriations Acts may be obligated for architect and engineer

contracts estimated by the Government to exceed $500,000 for

projects to be accomplished in Japan, in any NATO member country,

or in countries bordering the Arabian Gulf, unless such contracts

are awarded to United States firms or United States firms in

joint venture with host nation firms.

SEC. 112. None of the funds appropriated in Military Construction Appropriations Acts for military construction in the United

States territories and possessions in the Pacific and on Kwajalein

Atoll, or in countries bordering the Arabian Gulf, may be used

to award any contract estimated by the Government to exceed

$1,000,000 to a foreign contractor: Provided, That this section shall

not be applicable to contract awards for which the lowest responsive

and responsible bid of a United States contractor exceeds the lowest

responsive and responsible bid of a foreign contractor by greater

than 20 percent: Provided further, That this section shall not apply

to contract awards for military construction on Kwajalein Atoll

for which the lowest responsive and responsible bid is submitted

by a Marshallese contractor.

114 STAT. 516 PUBLIC LAW 106–246—JULY 13, 2000

SEC. 113. The Secretary of Defense is to inform the appropriate

committees of Congress, including the Committees on Appropriations, of the plans and scope of any proposed military exercise

involving United States personnel 30 days prior to its occurring,

if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000.

SEC. 114. Not more than 20 percent of the appropriations

in Military Construction Appropriations Acts which are limited

for obligation during the current fiscal year shall be obligated

during the last 2 months of the fiscal year.

(TRANSFER OF FUNDS)

SEC. 115. Funds appropriated to the Department of Defense

for construction in prior years shall be available for construction

authorized for each such military department by the authorizations

enacted into law during the current session of Congress.

SEC. 116. For military construction or family housing projects

that are being completed with funds otherwise expired or lapsed

for obligation, expired or lapsed funds may be used to pay the

cost of associated supervision, inspection, overhead, engineering

and design on those projects and on subsequent claims, if any.

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

funds appropriated to a military department or defense agency

for the construction of military projects may be obligated for a

military construction project or contract, or for any portion of such

a project or contract, at any time before the end of the fourth

fiscal year after the fiscal year for which funds for such project

were appropriated if the funds obligated for such project: (1) are

obligated from funds available for military construction projects;

and (2) do not exceed the amount appropriated for such project,

plus any amount by which the cost of such project is increased

pursuant to law.

(TRANSFER OF FUNDS)

SEC. 118. During the 5-year period after appropriations available to the Department of Defense for military construction and

family housing operation and maintenance and construction have

expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or

for making authorized adjustments to such appropriations for

obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations,

Construction, Defense’’ to be merged with and to be available for

the same time period and for the same purposes as the appropriation to which transferred.

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

on Appropriations of the Senate and the House of Representatives

with an annual report by February 15, containing details of the

specific actions proposed to be taken by the Department of Defense

during the current fiscal year to encourage other member nations

of the North Atlantic Treaty Organization, Japan, Korea, and

United States allies bordering the Arabian Gulf to assume a greater

share of the common defense burden of such nations and the United

States.

Reports.

Deadline.

10 USC 2860

note.

10 USC 2860

note.

Notification.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 517

(TRANSFER OF FUNDS)

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

other transfer authority available to the Department of Defense,

proceeds deposited to the Department of Defense Base Closure

Account established by section 207(a)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public

Law 100–526) pursuant to section 207(a)(2)(C) of such Act, may

be transferred to the account established by section 2906(a)(1) of

the Department of Defense Authorization Act, 1991, to be merged

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

time period as that account.

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

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

the assistance the entity will comply with sections 2 through 4

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

as the ‘‘Buy American Act’’).

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

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

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

as the ‘‘Buy American Act’’).

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

may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities

receiving such assistance should, in expending the assistance, purchase only American-made equipment and products.

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

by the Congress.

(TRANSFER OF FUNDS)

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

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

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

the same period of time as amounts appropriated directly to the

Fund: Provided, That appropriations made available to the Fund

shall be available to cover the costs, as defined in section 502(5)

of the Congressional Budget Act of 1974, of direct loans or loan

guarantees issued by the Department of Defense pursuant to the

provisions of subchapter IV of chapter 169, title 10, United States

Code, pertaining to alternative means of acquiring and improving

military family housing and supporting facilities.

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

by this Act may be obligated for Partnership for Peace Programs

in the New Independent States of the former Soviet Union.

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

the Secretary of the military department concerned shall submit

to the congressional defense committees the notice described in

subsection (b).

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

guarantee (including the making of mortgage or rental payments)

Deadline.

Notice.

Notice.

114 STAT. 518 PUBLIC LAW 106–246—JULY 13, 2000

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

the contract involved in the event of—

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

housing is provided under the contract;

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

(C) the extended deployment overseas of units stationed

at such installation.

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

of the guarantee involved and assess the extent and likelihood,

if any, of the liability of the Federal Government with respect

to the guarantee.

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

means the following:

(1) The Committee on Armed Services and the Military

Construction Subcommittee, Committee on Appropriations of

the Senate.

(2) The Committee on Armed Services and the Military

Construction Subcommittee, Committee on Appropriations of

the House of Representatives.

(TRANSFER OF FUNDS)

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

other transfer authority available to the Department of Defense,

amounts may be transferred from the account established by section

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

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

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

to pay for expenses associated with the Homeowners Assistance

Program. Any amounts transferred shall be merged with and be

available for the same purposes and for the same time period

as the fund to which transferred.

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

funds appropriated in Military Construction Appropriations Acts

for operations and maintenance of family housing shall be the

exclusive source of funds for repair and maintenance of all family

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

That not more than $25,000 per unit may be spent annually for

the maintenance and repair of any general or flag officer quarters

without 30 days advance prior notification of the appropriate

committees of Congress: Provided further, That the Under Secretary

of Defense (Comptroller) is to report annually to the Committees

on Appropriations all operations and maintenance expenditures

for each individual flag and general officer quarters for the prior

fiscal year.

SEC. 128. The Army, Navy, Marine Corps, and Air Force are

directed to submit to the appropriate committees of the Congress

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

how they plan to meet the year 2010 housing goals with traditional

construction, operation and maintenance support, as well as

privatization initiative proposals. Each plan shall include projected

life cycle costs for family housing construction, basic allowance

for housing, operation and maintenance, other associated costs,

and a time line for housing completions each year.

Deadline.

Reports.

10 USC 2821

note.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 519

(RESCISSION OF FUNDS)

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

the date of the enactment of this Act.

(TRANSFER OF FUNDS)

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

transfer authority available to the Department of Defense, funds

appropriated in the Military Construction Appropriations Act, 2000

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

Construction, Naval Reserve’’ and still unobligated may be transferred to the account for ‘‘Military Construction, Navy’’. Amounts

transferred under this section shall be merged with, and be available for the same period as, the amounts in the account to which

transferred and shall be available to construct, under the authority

of section 2805 of title 10, United States Code, an elevated water

storage tank at the Naval Support Activity Midsouth, Millington,

Tennessee.

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

from the Federal Highway Administration, or the Commonwealth

of Kentucky, and credit them to the appropriate Department of

the Army accounts for the purpose of funding all costs associated

with the realignment, requested by the Commonwealth of Kentucky,

of the military construction project involving a rail connector located

at Fort Campbell, Kentucky, authorized in section 2101(a) of the

Military Construction Authorization Act for Fiscal Year 1997 (Public

Law 104–201; 110 Stat. 2763).

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

rail connector project, notwithstanding the amount authorized in

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

remain available until expended.

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

related to the realignment, and additional real estate costs.

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

upon the date of the enactment of this Act.

(RESCISSION OF FUNDS)

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

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

account, $83,000,000 is hereby rescinded.

(TRANSFER OF FUNDS)

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

101 Stat.

1329–319.

Effective date.

114 STAT. 520 PUBLIC LAW 106–246—JULY 13, 2000

(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 lesscostly base support services, where available. The section supersedes, and shall be used in lieu of the authority provided in,

section 8168 of the Department of Defense Appropriations Act,

2000 (Public Law 106–79; 113 Stat. 1277).

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

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

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

to improve mission effectiveness and reduce the cost of providing

quality installation support at Brooks Air Force Base.

(2) The Secretary may carry out the Project in consultation

with the Community to the extent the Secretary determines such

consultation is necessary and appropriate.

(3) The authority provided in this section is in addition to

any other authority vested in or delegated to the Secretary, and

the Secretary may exercise any authority or combination of authorities provided under this section or elsewhere to carry out the

purposes of the Project.

(4) The Secretary may not exercise any authority under this

section until after the end of the 30-day period beginning on the

date the Secretary submits to the appropriate committees of the

Congress a master plan for the development of the Base.

(c) EFFICIENT PRACTICES.—(1) The Secretary may convert services at or for the benefit of the Base from accomplishment by

military personnel or by Department civilian employees (appropriated fund or non-appropriated fund), to services performed by

contract or provided as consideration for the lease, sale, or other

conveyance or transfer of property.

(2) Notwithstanding section 2462 of title 10, United States

Code, a contract for services may be awarded based on ‘‘best value’’

Effective date.

Notification.

Effective date.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 521

if the Secretary determines that the award will advance the purposes of a joint activity conducted under the project and is in

the best interest of the Department.

(3) Notwithstanding that such services are generally funded

by local and State taxes and provided without specific charge to

the public at large, the Secretary may contract for public services

at or for the benefit of the Base in exchange for such consideration,

if any, the Secretary determines to be appropriate.

(4)(A) The Secretary may conduct joint activities with the

Community, the State, and any private parties or entities on or

for the benefit of the Base.

(B) Payments or reimbursements received from participants

for their share of direct and indirect costs of joint activities,

including the costs of providing, operating, and maintaining facilities, shall be in an amount and type determined to be adequate

and appropriate by the Secretary.

(C) Such payments or reimbursements received by the Department shall be deposited into the Project Fund.

(d) LEASE AUTHORITY.—(1) The Secretary may lease real or

personal property located on the Base and not required at other

Air Force installations to any lessee upon such terms and conditions

as the Secretary considers appropriate and in the interest of the

United States, if the Secretary determines that the lease would

facilitate the purposes of the Project.

(2) Consideration for a lease under this subsection shall be

determined in accordance with subsection (g).

(3) A lease under this subsection—

(A) may be for such period as the Secretary determines

is necessary to accomplish the goals of the Project; and

(B) may give the lessee the first right to purchase the

property at fair market value if the lease is terminated to

allow the United States to sell the property under any other

provision of law.

(4)(A) The interest of a lessee of property leased under this

subsection may be taxed by the State or the Community.

(B) A lease under this subsection shall provide that, if and

to the extent that the leased property is later made taxable by

State governments or local governments under Federal law, the

lease shall be renegotiated.

(5) The Department may furnish a lessee with utilities, custodial services, and other base operation, maintenance, or support

services performed by Department civilian or contract employees,

in exchange for such consideration, payment, or reimbursement

as the Secretary determines appropriate.

(6) All amounts received from leases under this subsection

shall be deposited into the Project Fund.

(7) A lease under this subsection shall not be subject to the

following provisions of law:

(A) Section 2667 of title 10, United States Code, other

than subsection (b)(1) of that section.

(B) Section 321 of the Act of June 30, 1932 (40 U.S.C.

303b).

(C) The Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 471 et seq.).

(e) PROPERTY DISPOSAL.—(1) The Secretary may sell or otherwise convey or transfer real and personal property located at the

Base to the Community or to another public or private party during

114 STAT. 522 PUBLIC LAW 106–246—JULY 13, 2000

the Project, upon such terms and conditions as the Secretary considers appropriate for purposes of the Project.

(2) Consideration for a sale or other conveyance or transfer

of property under this subsection shall be determined in accordance

with subsection (g).

(3) The sale or other conveyance or transfer of property under

this subsection shall not be subject to the following provisions

of law:

(A) Section 2693 of title 10, United States Code.

(B) The Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 471 et seq.).

(4) Cash payments received as consideration for the sale or

other conveyance or transfer of property under this subsection

shall be deposited into the Project Fund.

(f ) LEASEBACK OF PROPERTY LEASED OR DISPOSED.—(1) The

Secretary may lease, sell, or otherwise convey or transfer real

property at the Base under subsections (b) and (e), as applicable,

which will be retained for use by the Department or by another

military department or other Federal agency, if the lessee, purchaser, or other grantee or transferee of the property agrees to

enter into a leaseback to the Department in connection with the

lease, sale, or other conveyance or transfer of one or more portions

or all of the property leased, sold, or otherwise conveyed or transferred, as applicable.

(2) A leaseback of real property under this subsection shall

be an operating lease for no more than 20 years unless the Secretary

of the Air Force determines that a longer term is appropriate.

(3)(A) Consideration, if any, for real property leased under

a leaseback entered into under this subsection shall be in such

form and amount as the Secretary considers appropriate.

(B) The Secretary may use funds in the Project Fund or other

funds appropriated or otherwise available to the Department for

use at the Base for payment of any such cash rent.

(4) Notwithstanding any other provision of law, the Department

or other military department or other Federal agency using the

real property leased under a leaseback entered into under this

subsection may construct and erect facilities on or otherwise

improve the leased property using funds appropriated or otherwise

available to the Department or other military department or other

Federal agency for such purpose.

(g) CONSIDERATION.—(1) The Secretary shall determine the

nature, value, and adequacy of consideration required or offered

in exchange for a lease, sale, or other conveyance or transfer of

real or personal property or for other actions taken under the

Project.

(2) Consideration may be in cash or in-kind or any combination

thereof. In-kind consideration may include the following:

(A) Real property.

(B) Personal property.

(C) Goods or services, including operation, maintenance,

protection, repair, or restoration (including environmental restoration) of any property or facilities (including non-appropriated fund facilities).

(D) Base operating support services.

(E) Improvement of Department facilities.

(F) Provision of facilities, including office, storage, or other

usable space, for use by the Department on or off the Base.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 523

(G) Public services.

(3) Consideration may not be for less than the fair market

value.

(h) PROJECT FUND.—(1) There is established on the books of

the Treasury a fund to be known as the ‘‘Base Efficiency Project

Fund’’ into which all cash rents, proceeds, payments, reimbursements, and other amounts from leases, sales, or other conveyances

or transfers, joint activities, and all other actions taken under

the Project shall be deposited. Subject to paragraph (2), amounts

deposited into the Project Fund shall be available without fiscal

year limitation.

(2) To the extent provided in advance in appropriations Acts,

amounts in the Project Fund shall be available to the Secretary

for use at the base only for operation, base operating support

services, maintenance, repair, or improvement of Department facilities, payment of consideration for acquisitions of interests in real

property (including payment of rentals for leasebacks), and environmental protection or restoration. The use of such amounts may

be in addition to or in combination with other amounts appropriated

for these purposes.

(3) Subject to generally prescribed financial management regulations, the Secretary shall establish the structure of the Project

Fund and such administrative policies and procedures as the Secretary considers necessary to account for and control deposits into

and disbursements from the Project Fund effectively.

(i) FEDERAL AGENCIES.—(1)(A) Any Federal agency, its contractors, or its grantees shall pay rent, in cash or services, for the

use of facilities or property at the Base, in an amount and type

determined to be adequate by the Secretary.

(B) Such rent shall generally be the fair market rental of

the property provided, but in any case shall be sufficient to compensate the Base for the direct and overhead costs incurred by

the Base due to the presence of the tenant agency on the Base.

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

Federal agencies shall be at fair market value consideration. Such

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

in property, goods, or services.

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

transfer, shall be deposited in the Project Fund.

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

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

Project.

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

create any legal rights in any person or entity except rights

embodied in leases, deeds, or contracts.

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

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

this section shall expire on June 1, 2005.

(m) DEFINITIONS.—In this section:

(1) The term ‘‘Project’’ means the Base Efficiency Project

authorized by this section.

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

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

Texas.

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

Air Force.

Applicability.

Procedures.

114 STAT. 524 PUBLIC LAW 106–246—JULY 13, 2000

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

improvement to real property (except a military family housing

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

of title 10, United States Code).

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

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

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

combination thereof.

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

Project Fund established by subsection (h).

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

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

funded by local and State taxes and provided without specific

charge to the public at large.

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

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

of the Department appointed by the President with the advice

and consent of the Senate.

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

(n) EFFECTIVE DATE.—This section becomes effective immediately upon enactment of this Act.

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

heading ‘‘Military Construction, Defense-Wide’’ for planning and

design, not less than $1,000,000 shall be available for the design

of an elementary school for the Central Kitsap School District

to meet the educational needs of military dependents at the Naval

Submarine Base, Bangor, Washington: Provided, That this section

becomes effective immediately upon enactment of this Act.

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

be expended for the military construction project at the Military

Academy at West Point, New York, to construct and renovate the

Cadet Physical Development Center shall not exceed $77,500,000,

regardless of the fiscal year for which the funds were or are appropriated: Provided, That this section becomes effective immediately

upon enactment of this Act.

SEC. 139. (a) Not later than 60 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the congressional defense committees a report on construction, security and operation of Forward Operating Locations (FOL) in Manta,

Ecuador, Aruba, Curacao, and El Salvador.

(b) The report required by subsection (a) shall address the

following: (1) a schedule for making each Forward Operating Location (FOL) fully operational, including cost estimates, time line

of contracting and construction with completion dates, a description

of the potential capabilities for each proposed location and an explanation of how the FOL architecture fits into the overall counterdrug 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’’.

Deadline.

Reports.

Effective date.

Effective date.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 525

DIVISION B—FISCAL YEAR 2000 SUPPLEMENTAL

APPROPRIATIONS

The following sums are appropriated, out of any money in

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2000, and for other purposes, namely:

TITLE I—KOSOVO AND OTHER NATIONAL SECURITY

MATTERS

CHAPTER 1

DEPARTMENT OF DEFENSE—MILITARY

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,

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

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,

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

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, Marine Corps’’, $37,155,000: Provided, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of 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

Emergency

Supplemental

Act, 2000.

114 STAT. 526 PUBLIC LAW 106–246—JULY 13, 2000

available for such purposes: Provided further, That the Secretary

of Defense may transfer funds to any agency or office of the United

States Government in order to implement the projects for which

funds are provided under this heading 30 days after the Director

of the Office of Management and Budget notifies the House and

Senate Committees on Appropriations of each proposed transfer:

Provided further, That each notification transmitted to the Committees shall identify the specific amount, recipient agency and purpose

for which such transfer is proposed: Provided further, That appropriations made available under this heading may be transferred

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

of Vieques residents; fire-fighting related equipment and facilities

at Antonio Rivera Rodriguez Airport; construction or refurbishment

of a commercial ferry pier and terminal and associated navigational

improvements; establishment and construction of an artificial reef;

reef conservation, restoration, and management activities; payments

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

are unable to use existing waters because the Navy is conducting

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

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

conducting a referendum among the residents of Vieques regarding

further use of the island for military training programs: Provided

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

agency or office of the United States Government to which these

funds are transferred may utilize, in addition to any authorities

available in this paragraph, any authorities available to that agency

or office for carrying out related activities, including utilization

of such funds for administrative expenses: Provided further, That

any amounts transferred to the Department of Housing and Urban

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

available only for assistance to Vieques, notwithstanding section

106 of the Housing and Community Development Act of 1974:

Provided further, That the Department of Commerce may make

direct payments to registered Vieques commercial fishermen: Provided further, That the Department of the Navy may provide firefighting 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

Certification.

Certification.

Notification.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 527

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

and Emergency Deficit Control Act of 1985, as amended.

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Army Reserve’’, $2,174,000: Provided, That the entire amount is

designated by the Congress as an emergency requirement pursuant

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

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,

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

amount is designated by the Congress as an emergency requirement

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

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for the ‘‘Overseas Contingency Operations Transfer Fund’’, $2,050,400,000, to remain available until

expended: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended: Provided further, That the Secretary

of Defense may transfer the funds provided herein only to appropriations for military personnel; operation and maintenance, including

Overseas Humanitarian, Disaster, and Civic Aid; procurement;

research, development, test and evaluation; the Defense Health

Program; and working capital funds: Provided further, That the

funds transferred shall be merged with and shall be available

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

authority provided in this paragraph is in addition to any other

transfer authority available to the Department of Defense: Provided

further, That upon a determination that all or part of the funds

transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to

this appropriation.

PROCUREMENT

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’,

$73,000,000, to remain available for obligation until September

30, 2001: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

114 STAT. 528 PUBLIC LAW 106–246—JULY 13, 2000

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

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

and Evaluation, Army’’, $5,700,000, to remain available for obligation until September 30, 2001, only for continued test activities

under the Tactical High Energy Laser (THEL) program.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

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

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

the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 101. (a) MINIMUM RATES OF BASIC ALLOWANCE FOR

HOUSING FOR MEMBERS OF THE UNIFORMED SERVICES.—During the

period beginning on January 1, 2000, and ending on September

30, 2001 (or such earlier date as the Secretary of Defense considers

appropriate), a member of the uniformed services entitled to a

basic allowance for housing for a military housing area in the

United States shall be paid the allowance at a monthly rate not

less than the rate in effect on December 31, 1999, in that area

for members serving in the same pay grade and with the same

dependency status as the member.

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

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

the Secretary of Defense may exceed the limitation on the total

amount paid during fiscal year 2000 and 2001 for the basic allowance for housing in the United States otherwise applicable under

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

(c) SENSE OF THE CONGRESS REGARDING MILITARY FAMILIES

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

of the Armed Forces and their dependents should not have to

rely on the food stamp program, and the President and the Congress

should take action to ensure that the income level of members

of the Armed Forces is sufficient so that no member meets the

income standards of eligibility in effect under the food stamp program.

(INCLUDING TRANSFER OF FUNDS)

SEC. 102. In addition to amounts appropriated or otherwise

made available elsewhere in this Act for the Department of Defense

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

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

and shall remain available until expended, for price increases

resulting from worldwide increases in the price of petroleum: Provided, That the Secretary of Defense shall transfer $1,556,200,000

in excess collections from the ‘‘Defense-Wide Working Capital Fund’’

Deadline.

37 USC 403 note.

Effective date.

Termination

date.

37 USC 403 note.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 529

not later than September 30, 2001 to the operation and maintenance; research, development, test and evaluation; and working

capital funds: Provided further, That the transfer authority provided

in this section is in addition to the transfer authority provided

to the Department of Defense in this Act or any other Act: Provided

further, That the entire amount made available in this section

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

Deficit Control Act of 1985, as amended.

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

this Act or in the Department of Defense Appropriations Act, 2000

(Public Law 106–79), $90,000,000 is hereby appropriated for ‘‘Aircraft Procurement, Air Force’’, only for F–15 aircraft or associated

components, systems, or subsystems.

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

this Act or in the Department of Defense Appropriations Act, 2000

(Public Law 106–79), $163,700,000 is hereby appropriated for

‘‘Procurement of Weapons and Tracked Combat Vehicles, Army’’,

only for procurement, advance procurement, or economic order

quantity procurement of Abrams M1A2 SEP Upgrades under

multiyear contract authority provided under section 8008 of the

Department of Defense Appropriations Act, 2000: Provided, That

none of the funds under this section shall be obligated until the

Secretary of the Army certifies to the congressional defense committees that these funds will be used to upgrade vehicles for an

average unit cost (for 307 vehicles) that does not exceed $5,900,000.

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

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

to remain available for obligation until September 30, 2001: Provided, That such funds shall be available only for the purposes

described and in accordance with section 106 of this chapter: Provided further, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

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

chapter for ‘‘Defense Health Program’’—

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

Health Program account for fiscal year 1998 or fiscal year

1999; and

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

chargeable to the Defense Health Program account for fiscal

year 2000 or fiscal year 2001.

(b) The Secretary of Defense shall notify the congressional

defense committees before charging an obligation or an adjustment

to obligations under this section.

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

defense committees a report on obligations made under this section

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

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

Reports.

Deadline.

Notification.

Certification.

114 STAT. 530 PUBLIC LAW 106–246—JULY 13, 2000

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

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

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

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

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

appropriated to the Department of Defense and is available only

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

entire amount is designated by the Congress as an emergency

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

and Emergency Deficit Control Act of 1985, as amended.

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

made available for the Department of Defense elsewhere in this

Act or in the Department of Defense Appropriations Act, 2000

(Public Law 106–79), there is hereby appropriated to the Department of Defense, to remain available for obligation until September

30, 2001, and to be available only for military personnel (to include

full-time manning), recruiting, advertising, and retention programs,

$357,288,000, as follows:

For military personnel accounts, $204,226,000, as follows:

‘‘Military Personnel, Army’’, $99,900,000;

‘‘Military Personnel, Navy’’, $23,500,000;

‘‘Military Personnel, Marine Corps’’, $4,000,000;

‘‘Military Personnel, Air Force’’, $7,500,000;

‘‘Reserve Personnel, Army’’, $32,500,000; and

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

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

follows:

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

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

‘‘Operation and Maintenance, Marine Corps’’,

$8,100,000;

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

‘‘Operation and Maintenance, Army Reserve’’,

$18,890,000;

‘‘Operation and Maintenance, Navy Reserve’’,

$6,700,000;

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

$2,000,000;

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

$4,000,000;

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

$12,000,000; and

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

$5,000,000.

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

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

and Emergency Deficit Control Act of 1985, as amended.

SEC. 110. (a) DEPOT-LEVEL MAINTENANCE AND REPAIR.—In

addition to amounts appropriated or otherwise made available for

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

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 531

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

30, 2001, only for ship depot maintenance.

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

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

and Emergency Deficit Control Act of 1985, as amended.

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

In addition to amounts appropriated or otherwise made available

elsewhere in this Act for the Department of Defense or in the

Department of Defense Appropriations Act, 2000 (Public Law 106–

79), there is hereby appropriated to the Department of Defense,

to support deployed United States forces, $503,900,000, as follows:

(1) For operation and maintenance accounts, to remain

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

as follows:

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

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

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

$10,000,000; and

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

$24,100,000.

(2) For procurement accounts, to remain available for

obligation until September 30, 2003, $344,900,000, as follows:

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

helicopter safety and reliability modifications);

‘‘Aircraft Procurement, Navy’’, $52,800,000 (of which

$27,000,000 is for CH–46 helicopter engine safety procurement and $25,800,000 for EP–3 sensor improvement modifications);

‘‘Aircraft Procurement, Air Force’’, $212,700,000 (of

which $111,600,000 is for U–2 reconnaissance aircraft

sensor improvements and modifications, and $101,100,000

is for flight and mission trainers and simulators);

‘‘Other Procurement, Air Force’’, $41,400,000; and

‘‘Procurement, Defense-Wide’’, $13,000,000.

(3) For research, development, test and evaluation

accounts, to remain available for obligation until September

30, 2002, $63,000,000, as follows:

‘‘Research, Development, Test and Evaluation, Army’’,

$5,000,000 (for the WARSIMS program); and

‘‘Research, Development, Test and Evaluation,

Defense-Wide’’, $58,000,000.

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

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

and Emergency Deficit Control Act of 1985, as amended.

SEC. 112. 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

Government

organization.

114 STAT. 532 PUBLIC LAW 106–246—JULY 13, 2000

further, That there is hereby appropriated for fiscal year 2000,

in addition to other amounts appropriated for such fiscal year

by other provisions of this Act, $1,000,000 for Operation and Maintenance, Navy, and $1,000,000 for Operation and Maintenance, Air

Force, for carrying out the biometrics assurance programs with

the Army, as Executive Agent, to lead, consolidate, and coordinate

such programs.

SEC. 113. In addition to amounts appropriated or otherwise

made available for the Department of Defense elsewhere in this

Act or in the Department of Defense Appropriations Act, 2000

(Public Law 106–79), $125,000,000 is hereby appropriated to the

Department of Defense to remain available until September 30,

2002, to be available only for the Patriot missile program: Provided, That not later than 30 days after the enactment of this Act the

Department shall submit a revised Patriot missile program plan

to the congressional defense committees: Provided further, That

the entire amount made available in this section is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

SEC. 114. In addition to amounts provided elsewhere in this Act for the Department of Defense, $300,000 is hereby appropriated

to be available only for Operation Walking Shield for technical

assistance and transportation of excess housing to Indian tribes

located in the States of North Dakota, South Dakota, Montana,

and Minnesota, in accordance with section 8155 of Public Law

106–79.

SEC. 115. In addition to amounts appropriated or otherwise

made available for the Department of Defense elsewhere in this

Act or in the Department of Defense Appropriations Act, 2000

(Public Law 106–79), there is hereby appropriated to the Department of Defense, for the cost of peacekeeping and humanitarian

assistance operations in East Timor and Mozambique, $61,500,000,

to be distributed as follows:

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

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

and

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

Provided, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

(TRANSFER OF FUNDS)

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

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

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

$9,642,000 shall be transferred to the Macalloy Special Account

administered by the Administrator of the Environmental Protection

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

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

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

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

at the Macalloy site shall be credited against any liability of the

Deadline.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 533

United States with respect to the site under the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980.

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

is appropriated to the Department of Defense $8,000,000 for communications, communications infrastructure, logistical support,

resources and operational assistance required by the Salt Lake

Organizing Committee to stage the 2002 Olympic and Paralympic

Winter Games, such sums to remain available until expended.

SEC. 118. The Ballistic Missile Defense Organization and its

subordinate offices and associated contractors, including the Lead

Systems Integrator, shall notify the congressional defense committees 15 days prior to issuing any type of information or proposal

solicitation under the NMD Program with a potential annual contract value greater than $5,000,000 or a total contract value greater

than $30,000,000.

SEC. 119. (a) REQUIREMENT FOR SALE OF NAVY DRYDOCK NO. 9.—Notwithstanding any other provision of law, the Secretary of

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

Mobile, Alabama, to the Bender Shipbuilding and Repair Company,

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

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

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

sale, as determined by the Secretary.

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

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

‘‘Department of Defense’’.

SEC. 121. USE OF DEPARTMENT OF DEFENSE FACILITIES AS

POLLING PLACES. (a) IN GENERAL.—Notwithstanding any other

provision of law, the Secretary of Defense shall not prohibit the

designation or use of any Department of Defense facility, currently

designated by a State or local election official, or used since January

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

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

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

shall apply to any election occurring on or after the date of the

enactment of this section and before December 31, 2000.

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

(1) in the matter preceding the first proviso, by striking

‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’; and

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

Status-of-Forces Agreements,’’.

(RESCISSIONS)

SEC. 123. Of the funds provided in Department of Defense

Appropriations Acts, the following funds are hereby rescinded as

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

in the specified amounts:

Under the heading ‘‘Shipbuilding and Conversion, Navy,

1989/1993’’:

DDG–51 destroyer program, $9,100,000;

T–AO fleet oiler program, $6,645,000;

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

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

Applicability.

Alabama.

Bender

Shipbuilding and

Repair Company.

Notification.

114 STAT. 534 PUBLIC LAW 106–246—JULY 13, 2000

‘‘Research, Development, Test and Evaluation, Air Force, 1999/2000’’, $7,000,000;

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

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

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

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

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

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

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

deemed to be specifically authorized by the Congress for purposes

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

414).

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

8175 and 8176 of the Department of Defense Appropriations Act,

2000 (Public Law 106–79), as amended by sections 214 and 215,

respectively, of H.R. 3425 of the 106th Congress (113 Stat. 1501A–

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

113.

SEC. 126. Any amount appropriated in this chapter that is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, shall not be available for

obligation unless all such amounts are designated by the President,

upon enactment of this Act, as emergency requirements pursuant

to such section.

CHAPTER 2

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

GENERAL INVESTIGATIONS

For an additional amount for ‘‘General Investigations’’, $3,500,000, to remain available until expended, of which $1,500,000

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

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

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

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

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

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

CONSTRUCTION, GENERAL

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

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

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

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

be available only to the extent an official budget request for

$3,000,000, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

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

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

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 535

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

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

OPERATION AND MAINTENANCE, GENERAL

For an additional amount for ‘‘Operation and Maintenance,

General’’, $200,000, to remain available until expended, for dredging

of the authorized navigation project at Saxon Harbor, Wisconsin:

Provided, That the entire amount shall be available only to the

extent an official budget request for $200,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

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

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

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For an additional amount for ‘‘Water and Related Resources’’,

$600,000, to remain available until expended, to carry out the

provisions of the Lewis and Clark Rural Water System Act of

2000: Provided, That the entire amount shall be available only

to the extent an official budget request for $600,000, that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

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

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

Deficit Control Act of 1985, as amended.

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

WEAPONS ACTIVITIES

For an additional amount for ‘‘Weapons activities’’, $96,500,000,

to remain available until expended: Provided, That the entire

amount shall be available only to the extent an official budget

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

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

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

Provided further, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

114 STAT. 536 PUBLIC LAW 106–246—JULY 13, 2000

OTHER DEFENSE ACTIVITIES

For an additional amount for ‘‘Other defense activities’’,

$38,000,000, to remain available until expended: Provided, That

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

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

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress: Provided further, That the Department is authorized

to initiate design of the Highly Enriched Uranium Blend Down

Project.

ENERGY PROGRAMS

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

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

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

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

budget request for $58,000,000, that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress: Provided further, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

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

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

or a contractor or subcontractor of the United States for posting

a bond or fulfilling any other financial responsibility requirement

relating to closure or post-closure care and monitoring of the Waste

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

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

a requirement to post bond or any other financial responsibility

requirement relating to closure or post-closure care and monitoring

of the Waste Isolation Pilot Plant. Any financial responsibility

requirement in a permit or license for the Waste Isolation Pilot

Plant on the date of the enactment of this section may not be

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

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

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

Central Arizona Project water or to prepare an Environmental

Assessment, Environmental Impact Statement, or Record of Decision providing for a reallocation of Central Arizona Project water

until further Act of Congress authorizing and directing the Secretary of the Interior to make allocations and enter into contracts

for delivery of Central Arizona Project water.

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

105–245 and prior Energy and Water Development Appropriations

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 537

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

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

construction of the interdisciplinary science facility at the University of Alabama at Tuscaloosa.

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

prior Energy and Water Development Appropriations Acts for the

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

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

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

prior Energy and Water Development Appropriations Acts for the

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

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

experimental facility to the Nevada Test Site.

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

prior Energy and Water Development Appropriations Acts for the

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

shall be made available for the Natural Energy Laboratory of

Hawaii.

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

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

shall be made available for the Burbank Hospital Regional Center

in Fitchburg, Massachusetts.

SEC. 208. Of the funds provided in Public Law 106–60 for

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

shall be made available for the Center for Research on Aging

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

SEC. 209. Of the funds provided in Public Law 106–60 for

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

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

Health System.

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

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

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

in Tempe, Arizona.

SEC. 211. No funds appropriated to the Nuclear Regulatory

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

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

of the Technical Training Center from its location at Chattanooga,

Tennessee.

CHAPTER 3

MILITARY CONSTRUCTION

GENERAL PROVISIONS—THIS CHAPTER

SEC. 301. In addition to amounts appropriated or otherwise

made available in the Military Construction Appropriations Act,

2000, the following amounts are hereby appropriated as authorized

by section 2854 of title 10, United States Code, as follows:

‘‘Military Construction, Army Reserve’’, $12,348,000;

‘‘Family Housing, Army’’, $2,000,000;

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

and

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

Provided, That the funds in this section remain available until

September 30, 2004: Provided further, That the entire amount

114 STAT. 538 PUBLIC LAW 106–246—JULY 13, 2000

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

Deficit Control Act of 1985, as amended: Provided further, That

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

official budget request for $19,048,000, that includes designation

of the entire amount of the request as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

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

Military Construction Appropriations Act, 2000, $1,000,000 is

hereby appropriated to the ‘‘Military Construction, Defense-Wide’’

account, to remain available until September 30, 2004: Provided,

That such amount shall be available for study, planning, design,

architect and engineer services, as authorized by law: Provided

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

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

amended: Provided further, That the entire amount shall be available only to the extent an official budget request for $1,000,000

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

(INCLUDING RESCISSION)

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

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

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

(B) Of the funds provided in the Military Construction Appropriations Act, 1996 (Public Law 104–32), $35,000,000 is hereby

rescinded as of the date of the enactment of this Act.

CHAPTER 4

DEPARTMENT OF TRANSPORTATION

COAST GUARD

OPERATING EXPENSES

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

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

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

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

to Coast Guard personnel, retirees, and their dependents;

$15,000,000 shall be available for basic allowance for housing;

$2,000,000 shall be available for the military housing areas cost

of living adjustment; $15,000,000 shall be available for recruiting

and retention bonuses; $1,000,000 shall be available for fixed wing

aviator retention bonuses; $8,000,000 shall be available for the

clean up and repair of shore facilities from hurricane damage;

and, $13,000,000 shall be available for operational fuel and unit

level operational readiness: Provided, That the entire amount is

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 539

designated by the Congress as an emergency requirement pursuant

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

entire amount provided shall be available only to the extent an

official budget request for $77,000,000, that includes designation

of the entire amount of the request as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for ‘‘Acquisition, construction, and improvements’’, $578,000,000, to remain available until expended;

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

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

maritime patrol aircraft funded under this heading shall not, in

any way, influence the procurement strategy, program requirements, or down-select decision pertaining to the Coast Guard’s

Deepwater Capability Replacement Project: Provided further, That

the entire amount is designated by the Congress as an emergency

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

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

further, That the entire amount provided shall be available only to the extent an official budget request for $578,000,000, that

includes designation of the entire amount of the request as an

emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

CHAPTER 5

GENERAL PROVISIONS—THIS TITLE

SEC. 501. For an additional amount for the Agency for International Development, ‘‘International Disaster Assistance’’,

$25,000,000, for rehabilitation and reconstruction assistance for

Mozambique, Madagascar, and southern Africa, to remain available

until expended: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

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

provided shall be available only to the extent an official budget

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

by the President to the Congress.

SEC. 502. For an additional amount for ‘‘Assistance for Eastern

Europe and the Baltic States’’, $50,000,000, to remain available

until September 30, 2001: Provided, That this amount shall only

be available for assistance for Montenegro and Croatia, and not

to exceed $12,400,000 for assistance for Kosova: Provided further,

That the amount specified in the previous proviso for assistance

for Kosova may be made available only for police activities: Provided

further, That funds made available in the preceding provisos shall

114 STAT. 540 PUBLIC LAW 106–246—JULY 13, 2000

be available subject to the regular notification procedures of the

Committees on Appropriations: Provided further, That the entire

amount is designated by the Congress as an emergency requirement

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

TITLE II

NATURAL DISASTER ASSISTANCE AND OTHER

SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

For an additional amount for necessary expenses to carry out title IX of Public Law 106–78, $1,350,000: Provided, That the entire

amount necessary to carry out this section shall be available only

to the extent an official budget request for $1,350,000, that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

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

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $77,560,000, to remain available until expended: Provided, That

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

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

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress: Provided further, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

For additional gross obligations for the principal amount of

direct loans as authorized by title V of the Housing Act of 1949

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

rural housing insurance fund to meet needs resulting from Hurricane Dennis, Floyd, or Irene, $40,000,000.

For the additional cost of direct loans for section 515 rental

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

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

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

designated by the Congress as an emergency requirement pursuant

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

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 541

RENTAL ASSISTANCE PROGRAM

For an additional amount for rental assistance agreements

entered into or renewed pursuant to section 521(a)(2) of the Housing

Act of 1949 for emergency needs resulting from Hurricane Dennis,

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

Provided, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

GENERAL PROVISIONS—THIS CHAPTER

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

by the Commodity Credit Corporation to a cooperative marketing

association established under the laws of North Carolina, and to

any person or entity in North Carolina obtaining a 1999 crop

upland cotton marketing assistance loan, the Corporation shall

reduce the amount of such outstanding loan indebtedness in an

amount up to 75 percent of the amount of the loan applicable

to any collateral (in the case of cooperative marketing associations

of upland cotton producers and upland cotton producers, not to

exceed $5,000,000 for benefits to such associations and such producers for up to 75 percent of the loss incurred by such associations

and such producers with respect to upland cotton that had been

placed under loan) that was produced in a county in which either

the Secretary of Agriculture or the President of the United States

declared a major disaster or emergency due to the occurrence of

Hurricane Dennis, Floyd, or Irene if the Corporation determines

that such collateral suffered any quality loss as a result of said

hurricane: Provided, That if a person or entity obtains a benefit

under this section with respect to a quantity of a commodity,

no marketing loan gain or loan deficiency payment shall be made

available under the Federal Agricultural Improvement and Reform

Act of 1996 with respect to such quantity: Provided further, That

no more than $81,000,000 of the funds of the Corporation shall

be available to carry out this section: Provided further, That the

entire amount shall be available only to the extent an official

budget request for $81,000,000, that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress: Provided further, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

SEC. 2102. In lieu of imposing, where applicable, the assessment

for producers provided for in subsection (d)(8) of 7 U.S.C. 7271

(section 155 of the Agricultural Market Transition Act), the Secretary shall, as necessary to offset remaining loan losses for the

1999 crop of peanuts, borrow such amounts as would have been

collected under 7 U.S.C. 7271(d)(8) from the Commodity Credit

Corporation. Such borrowing shall be against all excess assessments

to be collected under 7 U.S.C. 7271(g) for crop year 2000 and

subsequent years. For purposes of the preceding sentence, an assessment shall be considered to be an ‘‘excess’’ assessment to the extent

that it is not used, or will not be used, under the provisions

of 7 U.S.C. 7271(d), to offset losses on peanuts for the crop year

114 STAT. 542 PUBLIC LAW 106–246—JULY 13, 2000

in which the assessment is collected. The Commodity Credit Corporation shall retain in its own account sums collected under 7

U.S.C. 7271(g) as needed to recover the borrowing provided for

in this section to the extent that such collections are not used

under 7 U.S.C. 7271(d) to cover losses on peanuts: Provided, That

the entire amount necessary to carry out this section shall be

available only to the extent an official budget request for the entire

amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

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

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

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

CHAPTER 2

DEPARTMENT OF JUSTICE

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

States Attorneys’’, $12,000,000, to remain available until expended,

to be divided equally between the States of Texas, New Mexico,

Arizona, and California, to reimburse county and municipal governments only for Federal costs associated with the handling and

processing of illegal immigration and drug and alien smuggling

cases. The use of these funds is limited to: court costs, courtroom

technology, the building of holding spaces, administrative staff,

and indigent defense costs: Provided, That the entire amount is

designated by the Congress as an emergency requirement pursuant

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

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

request for a specific dollar amount, that includes designation of

the entire amount of the request as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

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

$181,000,000, to remain available until expended, which shall be

deposited in the Telecommunications Carrier Compliance Fund:

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

any expenditures from the Fund to pay or reimburse pursuant

to sections 104(e) and 109(a) of Public Law 103–414, may be made

directly to any parties specified in section 401(a) thereof, and may

be made either pursuant to the regulations promulgated under

such section 109, or pursuant to firm fixed-price agreements, upon

provision of such information as the Attorney General may require:

Provided further, That such amount shall be available only to

the extent that an official budget request for a specific dollar

amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

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

47 USC 1021

note.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 543

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

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

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

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

to counties with populations of less than 150,000, and Indian reservations, in Arizona that are adjacent to the United States-Mexico

border, $2,000,000: Provided, That such grants shall be allocated

in proportion to the population of each such county and Indian

reservation: Provided further, That such amount is designated by

the Congress as an emergency requirement pursuant to section

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

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

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

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

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

DEPARTMENT OF COMMERCE

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

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

for planning, public works grants and revolving loan funds for

communities affected by Hurricane Floyd and other recent hurricanes and disasters: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

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

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

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

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

disaster assistance pursuant to section 312(a) of the MagnusonStevens 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

114 STAT. 544 PUBLIC LAW 106–246—JULY 13, 2000

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That of such amount, $13,300,000

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

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

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

DEPARTMENT OF STATE

INTERNATIONAL COMMISSIONS

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

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

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

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

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

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

budget request, that includes designation of the entire amount

of the request as an emergency requirement as defined in the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress.

OTHER

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

For necessary expenses for the United States Commission on

International Religious Freedom, as authorized by title II of the

International Religious Freedom Act of 1998 (Public Law 105–

292), $2,000,000, to remain available until expended: Provided,

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

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

Provided further, That the entire amount shall be available only

to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

to the Congress.

RELATED AGENCY

SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

For an additional amount for the cost of direct loans,

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

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

loans, shall be as defined in section 502 of the Congressional Budget

Act of 1974; and for direct administrative expenses to carry out

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

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 545

available until expended, which may be transferred to and merged

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

That no funds shall be transferred to and merged with appropriations for ‘‘Salaries and Expenses’’ for indirect administrative

expenses: Provided further, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

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

shall be available only to the extent that an official budget request,

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2201. For an additional amount for ‘‘Operations, Research,

and Facilities’’, for emergency expenses for fisheries disaster relief

pursuant to section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended, for the Pribilof Island

and East Aleutian area of the Bering Sea, $10,000,000 to remain

available until expended: Provided, That in implementing this section, the Secretary of Commerce shall make $7,000,000 available

for disaster assistance and $3,000,000 for Bering Sea ecosystem

research including $1,000,000 for the State of Alaska to develop

a cooperative research plan to restore the crab fishery: Provided

further, That the Secretary of Commerce declares a fisheries failure

pursuant to section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended: Provided further, That

the entire amount is designated by the Congress as an emergency

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

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

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

extent an official budget request for $10,000,000, that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

SEC. 2202. For an additional amount for ‘‘Operations, Research,

and Facilities’’, $10,000,000 to provide emergency disaster assistance for the commercial fishery failure determined under section

308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.

4107(b)(1)) with respect to the Northeast multispecies fishery, which

shall be used to support a voluntary fishing capacity reduction

program in the Northeast multispecies fishery that permanently

revokes multispecies, limited access fishing permits so as to obtain

the maximum sustained reduction in fishing capacity at the least

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

the entire amount made available in this section is designated

by Congress as an emergency requirement under section

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

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

shall be available only to the extent an official budget request

for $10,000,000, that includes designation of the entire amount

of the request as an emergency requirement as defined in the

114 STAT. 546 PUBLIC LAW 106–246—JULY 13, 2000

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress.

SEC. 2203. For an additional amount for ‘‘Operations, Research, and Facilities’’, to remain available until expended, $7,000,000,

of which $2,000,000 shall be for studies relating to long-line interactions with sea turtles in the North Pacific and commercial fishing

activities in the Northwest Hawaiian Islands, and of which

$5,000,000 shall be for observer coverage for the Hawaiian longline fishery: Provided, That the entire amount in this section is

designated by the Congress as an emergency requirement pursuant

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

entire amount shall be available only to the extent an official

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

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

SEC. 2204. NORTH PACIFIC MARINE RESEARCH INSTITUTE.—

Public Law 101–380, as amended, is further amended by—

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

‘‘SEC. 5008. 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

Publication.

Alaska.

33 USC 2738.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 547

research, educational, and demonstration projects conducted by the

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

to the National Park Service, the United States Fish and Wildlife

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

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

subsection:

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

without further appropriation and without fiscal year limitation,

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

Provided, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That the entire amount shall be

available only to the extent an official budget request that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.’’.

CHAPTER 3

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

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

$200,000,000, to remain available until expended, for emergency

rehabilitation and wildfire suppression activities: Provided, That

the entire amount is designated by the Congress as an emergency

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

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

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

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

includes designation of the entire amount of the request as an

emergency requirement as defined by such Act, is transmitted by

the President to the Congress.

LAND ACQUISITION

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

to remain available until expended, for acquisition of additional

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

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

by the Congress as an emergency requirement pursuant to section

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

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

be available only to the extent that an official budget request

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

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

33 USC 2736.

114 STAT. 548 PUBLIC LAW 106–246—JULY 13, 2000

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

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

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

program of the State of West Virginia, of which $6,222,000, not

subject to section 705(a) of the Surface Mining Control and Reclamation Act, shall be available for regulatory program enhancements

for the surface mining regulatory program of the State of West

Virginia: Provided, That the balance of the funds shall be made

available to the State to augment staffing and provide relative

support expenses for the State’s regulatory program: Provided further, That the entire amount is designated by the Congress as

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent an official budget request for $9,821,000,

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

RELATED AGENCY

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

NATIONAL FOREST SYSTEM

For an additional amount for ‘‘National Forest System’’ for

emergency expenses resulting from damages from wind storms,

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

the entire amount is designated by the Congress as an emergency

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

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

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

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

includes designation of the entire amount of the request as an

emergency requirement as defined by such Act, is transmitted by

the President to the Congress.

WILDLAND FIRE MANAGEMENT

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

$150,000,000, to remain available until expended, for emergency

rehabilitation, presuppression, and wildfire suppression: Provided,

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

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

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

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

that includes designation of the entire amount as an emergency

requirement as defined by such Act, is transmitted by the President

to the Congress.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 549

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2301. Notwithstanding any other provision of law, the

Indian Health Service is authorized to improve municipal, private

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

for the community of King Cove, Alaska authorized under section

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

SEC. 2302. From funds previously appropriated in Public Law

105–277 or other Interior and Related Agencies Appropriations

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

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

available within 30 days after enactment of this Act $750,000

for the purpose of executing proposal No. FT40770.

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

the Emergency Supplemental Appropriations Act, 1999 (Public Law

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

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

(1) Dungeness fishing vessel crew members eligible for

interim compensation under the existing National Park Service

program (64 Fed. Reg. 145);

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

in Glacier Bay National Park and which previously received

interim compensation; and

(3) Buy N Pack Seafoods, a United States fish processor

located in Hoonah, Alaska and which has been severely and

negatively impacted by restrictions on fishing in Glacier Bay

National Park, for estimated 1999 and 2000 losses based on

an average net income derived from processing product harvested from Glacier Bay fisheries from 1995 through 1998.

Payments made to processors under paragraph (2) are intended

to compensate recipients for losses incurred in 2000 and shall

not exceed compensation provided for losses incurred in 1999. The

Park Service shall not delay the scheduled public involvement

process for the Glacier Bay compensation plan.

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

be reduced by the total dollar amount of any interim compensation

payments received.

(c) Funds appropriated for the purpose of making payments

authorized by section 123(b) of the Department of the Interior

and Related Agencies Appropriations Act, 1999 (section 101(e) of

division A of Public Law 105–277, as amended) shall also be available for making payments authorized in subsection (c) of that

section.

CHAPTER 4

DEPARTMENT OF LABOR

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The matter under this heading in the Departments of Labor,

Health and Human Services, and Education, and Related Agencies

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

of Public Law 106–113) is amended by striking ‘‘including not

to exceed $750,000 may be collected by the National Mine Health

113 Stat.

1501A–223.

Buy N Pack

Seafoods.

Deadline.

Fish and fishing.

Deadline.

114 STAT. 550 PUBLIC LAW 106–246—JULY 13, 2000

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

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

Academy’’.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For ‘‘Health Resources and Services’’ for special projects of

regional and national significance under section 501(a)(2) of the

Social Security Act, $20,000,000, which shall become available on

October 1, 2000, and shall remain available until September 30,

2001: Provided, That such amount shall not be counted toward

compliance with the allocation required in section 502(a)(1) of such

Act: Provided further, That such amount shall be used only for

making competitive grants to provide abstinence education (as

defined in section 510(b)(2) of such Act) to adolescents and for

evaluations (including longitudinal evaluations) of activities under

the grants and for Federal costs of administering the grant: Provided further, That such grants shall be made only to public and

private entities which agree that, with respect to an adolescent

to whom the entities provide abstinence education under such grant,

the entities will not provide to that adolescent any other education

regarding sexual conduct, except that, in the case of an entity

expressly required by law to provide health information or services

the adolescent shall not be precluded from seeking health information or services from the entity in a different setting than the

setting in which the abstinence education was provided: Provided

further, That the funds expended for such evaluations may not

exceed 2.5 percent of such amount.

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

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

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

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

Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount provided shall be made available

only after submission to the Congress of a formal budget request

by the President that includes designation of the entire amount

of the request as an emergency requirement as defined in the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

(INCLUDING TRANSFER OF FUNDS)

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

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

remain available until September 30, 2001: Provided, That the

entire amount is hereby designated by the Congress to be an

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

Abstinence.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 551

amended: Provided further, That the entire amount provided shall

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

budget request by the President that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended.

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

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

made available for fiscal year 2000 for ‘‘Health Resources and

Services Administration, Health Resources and Services’’ for

construction and renovation of health care and other facilities.

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

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

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

$35,000,000.

LOW INCOME HOME ENERGY ASSISTANCE

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

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

the entire amount is hereby designated by the Congress as an

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

amended: Provided further, That this amount shall be available

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

amount that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

REFUGEE AND ENTRANT ASSISTANCE

Funds appropriated under this heading in the Departments

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

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

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

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

be available for the costs of assistance provided and other activities

through September 30, 2002.

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

The matter under this heading in the Departments of Labor,

Health and Human Services, and Education, and Related Agencies

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

of Public Law 106–113) 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’’.

113 Stat.

1501A–236.

114 STAT. 552 PUBLIC LAW 106–246—JULY 13, 2000

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

(RESCISSION)

Of the amounts appropriated under this heading in title II

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

Education, and Related Agencies Appropriations Act, 2000 (as

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

$20,000,000 is rescinded: Provided, That the amount rescinded is

from the amount designated to become available on October 1,

2000, and to remain available until September 30, 2001.

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING RESCISSION)

For an additional amount for ‘‘Public Health and Social Services

Emergency Fund’’, $31,200,000, to remain available until expended

for the National Pharmaceutical Stockpile: Provided, That the entire

amount is hereby designated by the Congress to be an emergency

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

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

further, That the entire amount provided shall be made available

only after submission to the Congress of a formal budget request

by the President that includes designation of the entire amount

of the request as an emergency requirement as defined in the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

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

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

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

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

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

shall be derived from the amount specified under such heading

for international HIV/AIDS programs; and $31,200,000 shall be

derived from the amount specified under such heading for activities

related to countering potential biological, disease and chemical

threats to civilian populations.

GENERAL PROVISION—DEPARTMENT OF HEALTH AND HUMAN

SERVICES

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

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

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

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

shall not apply to funds appropriated under the heading ‘Centers

for Disease Control and Prevention, Disease Control, Research,

and Training’, funds made available to the Centers for Disease

Control and Prevention under the heading ‘Public Health and Social

Services Emergency Fund’, or any other funds made available in

this Act to the Centers for Disease Control and Prevention’’.

113 Stat.

1501A–422.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 553

DEPARTMENT OF EDUCATION

SPECIAL EDUCATION

The matter under this heading in the Department of Labor,

Health and Human Services, and Education, and Related Agencies

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

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

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

Lake City Organizing Committee’’.

VOCATIONAL AND ADULT EDUCATION

The matter under this heading in the Departments of Labor,

Health and Human Services, and Education, and Related Agencies

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

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

and inserting ‘‘$882,650,000’’, and by striking the last proviso, and

inserting ‘‘Provided further, That of the funds provided to become

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

Grants, of which $5,000,000 shall be used in accordance with section

601 of Public Law 102–73 as that section was in effect prior to

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

HIGHER EDUCATION

Funds appropriated under this heading in Public Law 105–

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

available for obligation by the states through September 30, 2000,

and funds appropriated under this heading in Public Law 105–

277 to carry out title VIII–D of the Higher Education Amendments

of 1998 shall be available for obligation by the states through

September 30, 2001.

For an additional amount for ‘‘Higher Education’’ for carrying out part B of title VII of the Higher Education Act of 1965, $750,000,

to remain available until expended, which shall be awarded to

the College of New Jersey, in Ewing, New Jersey, for creation

of a center for inquiry and design-based learning in mathematics,

science and technology education: Provided, That the entire amount

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

Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount provided shall be made available

only after submission to the Congress of a formal budget request

by the President that includes designation of the entire amount

of the request as an emergency requirement as defined in 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— 113 Stat.

1501A–253.

113 Stat.

1501A–250.

113 Stat.

1501A–249.

114 STAT. 554 PUBLIC LAW 106–246—JULY 13, 2000

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

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

Youth Bureau for an educational program’’;

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

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

access to and improve advanced education’’;

(3) by striking ‘‘$500,000 shall be awarded to Shedd

Aquarium/Brookfield Zoo for science education/exposure programs for local elementary school students’’ and inserting

‘‘$500,000 shall be awarded to Shedd Aquarium/Brookfield Zoo

for science education programs for local school students’’;

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

and inserting ‘‘California State University, Hayward, for an

African-American Literacy and Culture Project carried out in

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

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

Music Education Collaborative comprehensive interdisciplinary

music program and teacher resource center in Boston,

Massachusetts’’ and inserting ‘‘$462,000 shall be awarded to

the Boston Symphony Orchestra for the teacher resource center

and $370,000 shall be awarded to the Boston Music Education

Collaborative for an interdisciplinary music program, in Boston,

Massachusetts’’.

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

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

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

by transfer from the amount made available for fiscal year 2000

for ‘‘Health Resources and Services Administration, Health

Resources and Services’’ for construction and renovation of health

care and other facilities: Provided, That such amount shall be

awarded to the George Mason University Center for Services to

Families and Schools to expand a program for schools and families

of children suffering from attentional, cognitive, and behavioral

disorders.

RELATED AGENCIES

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

For an additional amount for ‘‘Limitation on Administrative

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

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

the Congress to be an emergency requirement pursuant to section

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

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

provided shall be made available only after submission to the Congress of a formal budget request by the President that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 555

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2401. Section 513 of the Departments of Labor, Health

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

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

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

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

Centers for Disease Control and Prevention or to the Department

of Education’’.

SEC. 2402. Section 403(a)(5) of the Social Security Act (42

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

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

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

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

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

inserting ‘‘$15,000,000’’;

(2) in subparagraph (G), by striking ‘‘$900,000’’ and

inserting ‘‘$9,000,000’’; and

(3) in subparagraph (H), by striking ‘‘$300,000’’ and

inserting ‘‘$3,000,000’’.

SEC. 2403. (a) The Workforce Investment Act of 1998 (20 U.S.C.

2841) is amended—

(1) in section 503—

(A) by striking ‘‘under Public Law 88–210 (as amended;

20 U.S.C. 2301 et seq.)’’ each place it appears and inserting

‘‘under Public Law 105–332 (20 U.S.C. 2301 et seq.)’’; and

(B) by adding at the end the following:

‘‘(d) Notwithstanding any other provision of this section, for

fiscal year 2000, the Secretary shall not consider the expected

levels of performance under Public Law 105–332 (20 U.S.C. 2301

et seq.) and shall not award a grant under subsection (a) based

on the levels of performance for that Act.’’.

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

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

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

SEC. 2404. Of the funds made available in the Departments

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

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

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

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

$2,250,000 of the amount appropriated shall be available October

1, 1999 for evaluation, technical assistance, and school networking

activities, and up to 1 percent of the amount appropriated shall

be available October 1, 1999, for peer review of applications.

SEC. 2405. Section 508(f )(1) of the Rehabilitation Act of 1973

(29 U.S.C. 794d(f )(1)) is amended—

(1) in subparagraph (A), by striking ‘‘Effective’’ and all

that follows through ‘‘1998,’’ and inserting ‘‘Effective 6 months

after the date of publication by the Access Board of final standards described in subsection (a)(2),’’; and

(2) in subparagraph (B), by striking ‘‘2 years’’ and all that

follows and inserting ‘‘6 months after the date of publication

by the Access Board of final standards described in subsection

(a)(2).’’.

SEC. 2406. For an additional amount for ‘‘Health Resources

and Services Administration, Health Resources and Services’’,

20 USC 9273.

113 Stat.

1501A–383.

114 STAT. 556 PUBLIC LAW 106–246—JULY 13, 2000

$3,500,000, for the Saint John’s Lutheran Hospital in Libby, Montana, for construction and renovation of health care and other

facilities and an additional amount for the ‘‘Economic Development

Administration’’, $8,000,000, only for a grant to the City of Libby,

Montana, such amount to be transferred to the city upon its request,

notwithstanding the provisions of any other law and without any

local matching share or award conditions: Provided, That the entire

amounts in this section are designated by the Congress as an

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

amended: Provided further, That the entire amounts provided

within this section shall be available only to the extent an official

budget request that includes designation of the entire amounts

of the request as an emergency requirement as defined in the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress.

CHAPTER 5

LEGISLATIVE BRANCH

ARCHITECT OF THE CAPITOL

CAPITOL BUILDINGS AND GROUNDS

FIRE SAFETY

For an additional amount for the Architect of the Capitol for

expenses for fire safety, $17,480,000, to remain available until

expended, of which $7,039,000 shall be for ‘‘Capitol Buildings and

Grounds, Capitol Buildings, Salaries and Expenses’’; $2,314,000

shall be for ‘‘Senate Office Buildings’’; $4,213,000 shall be for ‘‘House

Office Buildings’’; $3,000 shall be for ‘‘Capitol Power Plant’’; $26,000

shall be for ‘‘Botanic Garden, Salaries and Expenses’’; and

$3,885,000 shall be for ‘‘Architect of the Capitol, Library Buildings

and Grounds, Structural and Mechanical Care’’: Provided, That

the entire amount is designated by the Congress as an emergency

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

and Emergency Deficit Control Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2501. Section 127(e)(1) of division A of the Omnibus

Consolidated and Emergency Supplemental Appropriations Act,

1999 (Public Law 105–277; 19 U.S.C. 2213 note) is amended by

striking ‘‘12 months’’ and inserting ‘‘15 months’’.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 557

CHAPTER 6

DEPARTMENT OF TRANSPORTATION AND RELATED

AGENCIES

DEPARTMENT OF TRANSPORTATION

COAST GUARD

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

(INCLUDING RESCISSION OF FUNDS)

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

improvements’’, $45,000,000 shall be available until expended for

acquisition of one C–37A command and control aircraft: Provided,

That the Commandant of the Coast Guard shall sell the current

VC–11A command and control aircraft and credit the proceeds

from that sale as offsetting collections to the appropriation under

this heading: Provided further, That such proceeds may not be

obligated without further appropriation: Provided further, That of

the available balances under this heading from previous appropriations Acts, $11,400,000 are rescinded.

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

For an additional amount for ‘‘Operations’’, $75,000,000, to

be derived from the Airport and Airway Trust Fund and to be

available until September 30, 2001: Provided, That the entire

amount under this heading is designated by the Congress as an

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

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

$75,000,000, that includes designation of the entire amount of the

request as an emergency requirement as defined by such Act, is

transmitted by the President to the Congress.

RELATED AGENCY

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

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

$19,739,000, for emergency expenses associated with the investigation of the Egypt Air 990 and Alaska Air 261 accidents, to remain

available until expended: Provided, That such funds shall be available for wreckage location and recovery facilities, technical support,

testing, and wreckage mock-up: Provided further, That in the event

the Arab Republic of Egypt reimburses the National Transportation

Safety Board for wreckage location and recovery, family assistance,

and interagency expenses, the Secretary of the Treasury shall

reduce the appropriation under this heading by an amount equal

to the reimbursement, less $5,000,000: Provided further, That the

114 STAT. 558 PUBLIC LAW 106–246—JULY 13, 2000

Secretary of the Treasury shall not credit the appropriation under

this heading with a reimbursement in excess of $8,983,000: Provided

further, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2601. Notwithstanding any other provision of law, of the

funds available under section 104(a) of title 23, United States

Code, $1,200,000 shall be available for the Paso Del Norte International Bridge in the State of Texas; $9,000,000 shall be available

for the U.S. 82 Mississippi River Bridge in the State of Mississippi;

$2,000,000 shall be available for the Union Village/Cambridge Junction bridges in the State of Vermont; $5,000,000 shall be available

for the Naheola Bridge in the State of Alabama; $3,000,000 shall

be available for the Hoover Dam Bypass in the States of Arizona

and Nevada; $3,000,000 shall be available for the Witt-Penn Bridge

in the State of New Jersey; and $12,000,000 shall be available

for the Florida Memorial Bridge in the State of Florida.

SEC. 2602. Of the funds transferred to the Department of

Transportation for Year 2000 conversion of Federal information

technology systems and related expenses pursuant to Public Law

105–277, $26,600,000 of the unobligated balance are hereby

rescinded: Provided, That the Department of Transportation shall

allocate this rescission among the appropriate accounts within the

Department and report such allocation to the House and Senate

Committees on Appropriations.

SEC. 2603. (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.

Deadline.

Reports.

Grants.

43 USC 7403

note.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 559

(f ) The Administrator shall carry out this section in collaboration with the Secretary of Transportation.

(g) There is appropriated to the Department of Transportation,

‘‘Office of the Assistant Secretary for Policy’’, $2,000,000 to carry

out this section. Such amounts shall be transferred to and administered by the Environmental Protection Agency and shall remain

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

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

entire amount shall be available only to the extent an official

budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined by such Act, is transmitted by the President

to the Congress.

SEC. 2604. Notwithstanding any other provision of law, hereafter, funds apportioned under section 104(b)(3) of title 23 which

are applied to projects involving the elimination of hazards of railway-highway crossings, including the separation or protection of

grades at crossings, the reconstruction of existing railroad grade

crossing structures, and the relocation of highways to eliminate

grade crossings, may have a Federal share up to 100 percent

of the cost of construction.

SEC. 2605. Notwithstanding any other provision of law, for

necessary expenses for planning, preliminary engineering and

design of the Metro-North Danbury to Norwalk commuter rail line

re-electrification project, $2,000,000, to be derived from the Mass

Transit Account of the Highway Trust Fund and to remain available

until expended: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

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

shall be available only to the extent an official budget request

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

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

SEC. 2606. Notwithstanding any other provision of law, for

necessary expenses for the Second Avenue Subway in New York

City, New York, $3,000,000, to be derived from the Mass Transit

Account of the Highway Trust Fund and to remain available until

expended: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

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

shall be available only to the extent an official budget request

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

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

SEC. 2607. Notwithstanding any other provision of law, for

necessary expenses relating to a study of improvements to Highway

8, from the Minnesota border to Highway 51 in the State of Wisconsin, $500,000, to be derived from the Highway Account of the

Highway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by the Congress as

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

23 USC 130 note.

114 STAT. 560 PUBLIC LAW 106–246—JULY 13, 2000

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

dollar amount, that includes designation of the entire amount of

the request as an emergency requirement as defined by such Act,

is transmitted by the President to the Congress.

SEC. 2608. Notwithstanding any other provision of law, for

necessary expenses relating to construction of, and improvements

to, Halls Mill Road in Monmouth County, New Jersey, $1,000,000,

to be derived from the Highway Account of the Highway Trust

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

entire amount is designated by the Congress as an emergency

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

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

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

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

includes designation of the entire amount of the request as an

emergency requirement as defined by such Act, is transmitted by

the President to the Congress.

CHAPTER 7

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

For an additional amount, $24,900,000 for the Secretary of

the Treasury to establish and operate an in-service firearms training

facility for the United States Customs Service and other agencies,

to remain available until expended: Provided, That the Secretary

is authorized to designate a lead agency to oversee the development,

implementation and operation of the facility and to conduct training:

Provided further, That the land identified as the Sleepy Hollow

Partnership and Marcus Enterprises tract (44,-R), Harpers Ferry

Magisterial District, Jefferson County, West Virginia, together with

a forty-five foot right-of-way over the lands of Valley Blox, Inc.,

as described in the deed from Joel T. Broyhill Enterprises, Inc.,

to Sleepy Hollow Partnership, et al., in a Deed dated March 29,

1989, and recorded in the Jefferson County Clerk’s Office in Deed

Book 627, Page 494, originally acquired by the United States Fish

and Wildlife Service as a proposed site for a training center but

not selected for that purpose and presently held by the United

States Fish and Wildlife Service in an administrative capacity,

shall be managed by the National Park Service pursuant to a

cooperative management agreement between the United States Fish

and Wildlife Service and the National Park Service, consistent

with the laws (including regulations) generally applicable to the

National Park Service: Provided further, That administrative jurisdiction of a suitable portion of said land that is necessary for

the creation of a Department of the Treasury training facility,

to be identified by the National Park Service, shall be transferred

under a lease-type arrangement at no cost within 120-days of the

date of the enactment of this Act to the Department of the Treasury

for such time as required by the Department of the Treasury:

Provided further, That the training to be conducted at the facility

shall be configured in a manner so that it does not duplicate

or displace any Federal law enforcement program of the Federal

Government

organization.

Contracts.

Deadline.

Government

organization.

Contracts.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 561

Law Enforcement Training Center: Provided further, That training

currently being conducted at a Federal Law Enforcement Training

Center facility shall not be moved to the new training facility:

Provided further, That at such time as the land is no longer required

for training purposes, administrative jurisdiction shall be transferred back to the Department of the Interior in a manner and

condition acceptable to the Department of the Interior: Provided

further, That the total amount made available under this section

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

Deficit Control Act of 1985, as amended: Provided further, That

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

official budget request that includes designation of the entire

amount as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

BUREAU OF THE PUBLIC DEBT

GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT

For deposit of an additional amount into the account established

under section 3113(d) of title 31, United States Code, to reduce

the public debt, $4,000,000,000: Provided, That such amount is

designated by the Congress as an emergency requirement pursuant

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

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

request, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

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

to planning, coordination and implementation of security for

national special security and major protective events, $10,000,000:

Provided, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That the entire amount shall be

available only to the extent that an official budget request for

a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

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

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS

APPROPRIATED TO THE PRESIDENT

OFFICE OF ADMINISTRATION

INFORMATION TECHNOLOGY

For necessary expenses of the Office of Administration for restoration and reconstruction of certain electronic mail messages and

114 STAT. 562 PUBLIC LAW 106–246—JULY 13, 2000

for inclusion of such messages in the Automated Records Management System, $8,400,000, which shall remain available until September 30, 2002: Provided, That such funds may not be obligated

until the Office of Administration submits to the Committees on

Appropriations an independent verification and validation of the

initial and projected costs of the tape restoration and reconstruction

project: Provided further, That such submission shall include the

final report prepared by the independent verification and validation

contractor to the Office of Administration relating to the initial

and projected cost estimates: Provided further, That the entire

amount is designated by the Congress as an emergency requirement

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

That the entire amount shall be available only to the extent that

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

designation of the entire amount of the request as an emergency

requirement as defined by such Act, is transmitted by the President

to the Congress.

INDEPENDENT AGENCIES

GENERAL SERVICES ADMINISTRATION

POLICY AND OPERATIONS

For an additional amount, $3,300,000 to remain available until

expended for the Salt Lake 2002 Winter Olympic and Paralympic

Games doping control program: Provided, That the entire amount

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

Deficit Control Act of 1985, as amended: Provided further, That

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

official budget request for a specific dollar amount, that includes

designation of the entire amount of the request as an emergency

requirement as defined by such Act, is transmitted by the Presdient

to the Congress.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2701. Notwithstanding section 1345 of title 31, United

States Code, or section 610 of the Treasury and General Government Appropriations Act, 2000 (Public Law 106–58; 113 Stat. 467),

funds made available for fiscal year 2000 for any other department

or agency of the Federal Government with authority to conduct

counterdrug intelligence activities may be available to finance an

appropriate share of the administrative costs incurred by the

Department of Justice for the Counterdrug Intelligence Executive

Secretariat authorized by the General Counterdrug Intelligence

Plan of February 12, 2000, except that the total amount that

may be used under this section for such purpose shall not exceed

$1,100,000.

SEC. 2702. (a) The unobligated balance as of September 30,

2000, of funds appropriated under the heading ‘‘Internal Revenue

Service, Information Technology Investments’’ in the Treasury

Department Appropriations Act, 1998, title I of Public Law 105–

61, is rescinded.

Effective date. (b) Subsection (a) shall be effective September 30, 2000.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 563

(c) The amount rescinded pursuant to subsection (a) is appropriated for the capital asset acquisition of information technology

systems, including management and related contractual costs of

said acquisitions, including contractual costs associated with operations authorized by 5 U.S.C. 3109, which shall be available through

September 30, 2001: Provided, That none of these funds shall

be obligated until the Internal Revenue Service submits to Congress

and Congress approves a plan for expenditure that: (1) meets the

capital planning and investment control review requirements established by the Office of Management and Budget, including OMB

Circular A–11 part 3; (2) complies with the Internal Revenue Service’s enterprise architecture, including the modernization blueprint;

(3) conforms with the Internal Revenue Service’s enterprise life

cycle methodology; (4) is approved by the Internal Revenue Service,

the Department of the Treasury, and the Office of Management

and Budget; (5) has been reviewed by the General Accounting

Office; and (6) complies with the acquisition rules, requirements,

guidelines, and systems acquisition management practices of the

Federal Government.

SEC. 2703. RESTORATION OF MEDICARE TRUST FUNDS. (a)

CORRECTION OF TRUST FUND HOLDINGS.—

(1) IN GENERAL.—Within 120 days after the effective date

of this Act, the Secretary of the Treasury shall take the actions

described in paragraph (2) with respect to each trust fund

with the goal being that, after the actions are taken, the

holdings of the trust fund will replicate, to the extent practicable in the judgement of the Secretary of the Treasury,

in consultation with the Secretary of Health and Human Services, the obligations that would have been held by the trust

fund if the clerical error had not occurred.

(2) OBLIGATIONS ISSUED AND REDEEMED.—The Secretary

of the Treasury shall—

(A) issue to each trust fund obligations under chapter

31 of title 31, United States Code, that bear issue dates,

interest rates, and maturity dates as the obligations that—

(i) would have been issued to the trust fund if

the clerical error had not occurred; or

(ii) were issued to the trust fund and were

redeemed by reason of the clerical error; and

(B) redeem from each trust fund obligations that—

(i) would not have been issued to the trust fund

if the clerical error had not occurred; or

(ii) would have been redeemed from the trust fund

if the clerical error had not occurred.

(b) CORRECTION OF INTEREST INCOME.—

(1) TRANSFER OF EXCESS INTEREST INCOME.—Within 120

days after the effective date of this Act, the Secretary of the

Treasury shall transfer from the Federal Hospital Insurance

Trust Fund to the Federal Supplementary Medical Insurance

Trust Fund an amount determined by the Secretary of the

Treasury, in consultation with the Secretary of Health and

Human Services, to be equal to the amount of interest income

that was credited to the Federal Hospital Insurance Trust

Fund that would not have been credited if the clerical error

had not occurred.

(2) CREDIT OF LOST INTEREST INCOME.—Within 120 days

after the effective date of this Act, there is hereby appropriated

Deadlines.

114 STAT. 564 PUBLIC LAW 106–246—JULY 13, 2000

to the Federal Supplementary Medical Insurance Trust Fund,

out of any money in the Treasury not otherwise appropriated,

an amount determined by the Secretary of the Treasury, in

consultation with the Secretary of Health and Human Services,

to be equal to the difference between—

(A) the interest income lost by that trust fund through

the date of credit by reason of the clerical error; and

(B) the amount transferred to that trust fund under

paragraph (1).

(c) DEFINITIONS.—For purposes of this section, the following

definitions shall apply:

(1) CLERICAL ERROR.—The term ‘‘clerical error’’ means the

erroneous transfers of moneys between the investment accounts

and uninvested transfer accounts of the trust funds that

occurred in the fiscal year ending September 30, 1999, as

described in the Department of Health and Human Services’

‘‘Accountability Report for Fiscal Year 1999: Federal Managers

Financial Integrity Act Report on Systems and Controls’’.

(2) TRUST FUND.—The term ‘‘trust fund’’ means either the

Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund.

SEC. 2704. (a) IN GENERAL.—Of the amounts provided to the

Office of National Drug Control Policy for fiscal year 2000, pursuant

to section 237 of H.R. 3425 of the 106th Congress, as enacted

into law by section 1000(a)(5) of Public Law 106–113, the Director

of such Office shall make a direct payment of $3,000,000 to the

United States Olympic Committee for the conduct of anti-doping

activities through the United States Anti-Doping Agency.

(b) DIRECT PAYMENTS.—Effective on the date of the enactment

of this Act, the Director of the Office of National Drug Control

Policy is authorized and directed to make a direct payment to

the United States Olympic Committee for the conduct of antidoping 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–

Effective date.

Effective date.

Anti-doping.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 565

74 is deemed to be amended by striking ‘‘Montgomery’’ in reference

to the planning and construction of a regional learning center

at Spring Hill College, and inserting ‘‘Mobile’’.

The referenced statement of the managers in the fourth

undesignated paragraph under this heading in title II of Public

Law 106–74 for neighborhood initiatives for specified grants to

the City of Yankton, South Dakota, for the restoration of the downtown area and the development of the Fox Run Industrial Park

is deemed to be amended by adding after the word ‘‘Park’’ the

following: ‘‘and for activities to facilitate economic development,

including infrastructure improvements’’.

For an additional amount for targeted economic development

initiatives under the Community Development Block Grants program, $27,500,000: Provided, That the statement of the managers

accompanying Public Law 106–74 is deemed to be amended to

include in the description of targeted economic development initiatives the following: ‘‘—$1,300,000 to the City of Park Falls, Wisconsin for economic development, including purchase of municipal equipment

and infrastructure improvements in industrial parks and the

City of Park Falls; ‘‘—$250,000 to the Lake Superior BTC cultural center in

Washburn, Wisconsin for restoration of facilities and equipment

destroyed by fire; ‘‘—$900,000 to the City of Hatley, Wisconsin for the cost

of water, wastewater and sewer system improvements; ‘‘—$50,000 to the City of Hamlet, North Carolina for demolition and removal of buildings and equipment destroyed by

fire; and ‘‘—$25,000,000 to the City of Youngstown, Ohio for site

acquisition, planning, architectural design, and construction

of a convocation and community center.’’:

Provided, That the entire amount under this paragraph shall be

available only to the extent that an official budget request for

a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

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

Provided further, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

HOME INVESTMENT PARTNERSHIPS PROGRAM

For an additional amount for the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez

National Affordable Housing Act (Public Law 101–625), as amended,

$36,000,000: Provided, That of said amount, $11,000,000 shall be

provided to the New Jersey Department of Community Affairs

and $25,000,000 shall be provided to the North Carolina Housing

Finance Agency for the purpose of providing temporary assistance

in obtaining rental housing, and for construction of affordable

replacement housing: Provided further, That assistance provided

under this paragraph shall be for very low-income families displaced

by flooding caused by Hurricane Floyd and surrounding events:

Provided further, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

114 STAT. 566 PUBLIC LAW 106–246—JULY 13, 2000

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

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

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

for a specific dollar amount, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

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

HOMELESS ASSISTANCE GRANTS

Of the amounts made available under this heading in title

II of Public Law 106–74, the Secretary of Housing and Urban

Development shall, for each request described in the following proviso, make a 1-year grant to the entity making the request in

the amount under the second proviso: Provided, That a request

described in this proviso is a request for a grant under subtitle

C of title IV of the Stewart B. McKinney Homeless Assistance

Act (42 U.S.C. 11381 et seq.) for permanent housing for homeless

persons with disabilities or subtitle F of such title (42 U.S.C. 11403

et seq.) that: (1) was submitted in accordance with the eligibility

requirements established by the Secretary and pursuant to the

notice of funding availability for fiscal year 1999 covering such

programs, but was not approved; (2) was made by an entity that

received such a grant pursuant to the notice of funding availability

for a previous fiscal year; and (3) requested renewal of funding

made under such previous grant for use for eligible activities

because funding under such previous grant expires during calendar

year 2000: Provided further, That the amount under this proviso

is the amount necessary, as determined by the Secretary, to renew

funding for the eligible activities under the grant request for a

period of only 1 year, taking into consideration the amount of

funding requested for the first year of funding under the grant

request: Provided further, That in the third proviso under this

heading in Public Law 106–74, insert ‘‘and management and

information systems’’ after ‘‘technical assistance’’.

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

The Secretary of Housing and Urban Development is prohibited

from using any funds in Public Law 106–74 or any other Act

to employ more than 9,100 full-time equivalent employees at the

Department of Housing and Urban Development in fiscal year

2000.

OFFICE OF INSPECTOR GENERAL

(INCLUDING RESCISSION OF FUNDS)

Of the amounts made available under this heading in Public

Law 106–74, $6,000,000 provided for the ‘‘Office of Inspector General’’ is rescinded. For an additional amount for the ‘‘Office of

Inspector General’’, $6,000,000, to remain available until September

30, 2001: Provided, That these funds shall be made available under

the same terms and conditions as authorized for the funds under

this heading in Public Law 106–74.

113 Stat. 1063.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 567

INDEPENDENT AGENCIES

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS

OPERATING EXPENSES

(RESCISSION OF FUNDS)

Of the amounts available in the National Service Trust account

from previous appropriations Acts, $1,000,000 shall be rescinded.

OFFICE OF INSPECTOR GENERAL

For an additional amount for the ‘‘Office of Inspector General’’

for reviews and audits of the State Commissions on National and

Community Service (including alternative administrative entities)

established under section 178 of the National and Community

Service Act of 1990 (42 U.S.C. 12638), $1,000,000, to remain available until September 30, 2001.

ENVIRONMENTAL PROTECTION AGENCY

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

Of the amount appropriated under this heading in title III

of Public Law 106–74, $2,374,900, in addition to amounts made

available for the following in prior Acts, shall be and have been

available to award grants for work on the Buffalo Creek and other

New York watersheds and for aquifer protection work in and around

Cortland County, New York, including work on the Upper Susquehanna watershed.

Of the amount appropriated under this heading in title III

of Public Law 105–276 to establish a regional environmental data

center and to develop an integrated, automated water quality monitoring and information system for watersheds impacting Chesapeake Bay, $2,600,000 shall be transferred to the ‘‘State and tribal

assistance grants’’ account to remain available until expended for

grants for wastewater and sewer infrastructure improvements for

Smithfield Township, Monroe County ($800,000); the Municipal

Authority of the Borough of Milford, Pike County ($800,000); the

City of Carbondale, Lackawanna County ($200,000); Throop Borough, Lackawanna County ($200,000); and Dickson City, Lackawanna County ($600,000), Pennsylvania.

None of the funds made available for fiscal years 2000 and

2001 for the Environmental Protection Agency may be used to

make a final determination on or implement any new rule relative

to the Proposed Revisions to the National Pollutant Discharge

Elimination System Program and Federal Antidegradation Policy

and the Proposed Revisions to the Water Quality Planning and

Management Regulations Concerning Total Maximum Daily Load,

published in the Federal Register on August 23, 1999.

STATE AND TRIBAL ASSISTANCE GRANTS

The referenced statement of the managers under this heading

in title III of the Departments of Veterans Affairs and Housing

114 STAT. 568 PUBLIC LAW 106–246—JULY 13, 2000

and Urban Development, and Independent Agencies Appropriations

Act, 2000 (Public Law 106–74), is deemed to be amended by striking

‘‘in the town of Waynesville’’ in reference to water and wastewater

infrastructure improvements as identified in project number 102,

and by inserting ‘‘Haywood County’’; by adding the words ‘‘for

the Fourpole Pumping Station’’ after the word ‘‘improvements’’ in

reference to water and wastewater infrastructure improvements

as identified in project number 135; and by striking the words

‘‘at the West County Wastewater Treatment Plant’’ in reference

to wastewater infrastructure improvements within the Metropolitan

Sewer District at Louisville, Kentucky as identified in project

number 50.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

Of the unobligated balances made available under the second

paragraph under this heading in Public Law 106–74, in addition

to other amounts made available, up to $50,000,000 may be used

by the Director of the Federal Emergency Management Agency

for the buyout or elevation of properties which are principal residences that have been made uninhabitable by floods in areas which

were declared Federal disasters in fiscal years 1999 and 2000:

Provided, That such properties are located in a 100-year floodplain:

Provided further, That no homeowner may receive any assistance

for buyouts in excess of the pre-flood fair market value of the

residence (reduced by any proceeds from insurance or any other

source paid or owed as a result of the flood damage to the residence):

Provided further, That each State shall ensure that there is a

contribution from non-Federal sources of not less than 25 percent

in matching funds (other than administrative costs) for any funds

allocated to the State for buyout assistance: Provided further, That

all buyouts under this paragraph shall be subject to the terms

and conditions specified under 42 U.S.C. 5170c(b)(2)(B): Provided

further, That none of the funds made available for buyouts under

this paragraph may be used in any calculation of a State’s section

404 allocation: Provided further, 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.

Reports.

Certification.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 569

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE, AERONAUTICS AND TECHNOLOGY

For an additional amount for ‘‘Science, aeronautics and technology’’, $1,500,000, to remain available until September 30, 2001:

Provided, That the entire amount shall be available only to the

extent an official budget request, that includes designation of the

entire amount of the request as an emergency requirement as

defined by the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress: Provided further, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 2801. Title V, subtitle C, section 538 of Public Law 106–

74, is amended by striking ‘‘during any period that the assisted

family continues residing in the same project in which the family

was residing on the date of the eligibility event for the project,

if’’ and inserting ‘‘the assisted family may elect to remain in the

same project in which the family was residing on the date of

the eligibility event for the project, and if, during any period the

family makes such an election and continues to so reside,’’.

SEC. 2802. Section 175 of Public Law 106–113 is amended

by striking ‘‘as a grant for Special Olympics in Anchorage, Alaska

to develop the Ben Boeke Arena and Hilltop Ski Area,’’ and inserting

‘‘to the Organizing Committee for the 2001 Special Olympics World

Winter games to be used in support of related activities in Alaska,’’.

SEC. 2803. (a) TECHNICAL REVISION TO PUBLIC LAW 106–74.—

Title II of Public Law 106–74 is amended—

(1) 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’’.

113 Stat. 1073.

113 Stat.

1501A–303.

113 Stat. 1062.

113 Stat. 1060.

113 Stat. 1533.

42 USC 1437f.

114 STAT. 570 PUBLIC LAW 106–246—JULY 13, 2000

CHAPTER 9

GENERAL PROVISION—THIS TITLE

SEC. 2901. For an additional amount for the District of

Columbia Metropolitan Police Department, $4,485,000 for the

reimbursement of certain costs incurred by the District of Columbia

as host of the International Monetary Fund and World Bank

Organization Spring Conference in April 2000: Provided, That the

entire amount shall be available only to the extent an official

budget request for $4,485,000, that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress: Provided further, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

TITLE III—COUNTERNARCOTICS

CHAPTER 1

DEPARTMENT OF DEFENSE—MILITARY

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’,

$30,000,000, to remain available for obligation until September

30, 2002: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

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

provided shall be available only to the extent an official budget

request that includes designation of the entire amount of the request

as an emergency requirement as defined in the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Drug Interdiction and 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

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 571

which transferred: Provided further, That the transfer authority

provided under this heading is in addition to any other transfer

authority available to the Department of Defense: Provided further, That no funds made available under this heading may be obligated

or expended for training, logistics support, planning or assistance

contracts for any overseas activity until 15 days after the Assistant

Secretary of Defense, Special Operations and Low-Intensity Conflict

reports to the congressional defense committees on the value, duration and purpose of such contracts.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 3101. (a) AUTHORITY TO PROVIDE SUPPORT.—Of the

amount appropriated in this Act for the Department of Defense,

not to exceed $45,000,000 shall be available for the provision of

support for counter-drug activities of the Government of Colombia.

The support provided under this section shall be in addition to

support provided for counter-drug activities of the Government of

Colombia under any other provision of law.

(b) TYPES OF SUPPORT.—The support that may be provided

using this section shall be limited to the types of support specified

in section 1033(c)(1) of the National Defense Authorization Act

for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1882). In addition, using unobligated balances from the Department of Defense

Appropriations Act, 1999 (Public Law 105–262), the Secretary of

Defense may transfer one light observation aircraft to Colombia

for counter-drug activities.

(c) CONDITIONS ON PROVISION OF SUPPORT.—(1) The Secretary

of Defense may not obligate or expend funds appropriated in this

Act to provide support under this section for counter-drug activities

of the Government of Colombia until the end of the 15-day period

beginning on the date on which the Secretary submits the written

certification for fiscal year 2000 pursuant to section 1033(f )(1) of

the National Defense Authorization Act for Fiscal Year 1998 (Public

Law 105–85; 111 Stat. 1882).

(2) 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

Applicability.

114 STAT. 572 PUBLIC LAW 106–246—JULY 13, 2000

may be made available for alternative development and other economic activities: Provided further, That of the funds appropriated

under this heading, not less than $20,000,000 may be made available for assistance for Ecuador, of which not less than $8,000,000

may be made available for alternative development and other economic activities: Provided further, That of the funds appropriated

under this heading, not less than $18,000,000 shall be made available for assistance for other countries in South and Central America

and the Caribbean which are cooperating with United States

counternarcotics objectives: Provided further, That of the funds

appropriated under this heading not less than $60,000,000 shall

be made available for the procurement, refurbishing, and support

for UH–1H Huey II helicopters for the Colombian Army: Provided

further, That of the funds appropriated under this heading, not

less than $234,000,000 shall be made available for the procurement

of and support for UH–60 Blackhawk helicopters for use by the

Colombian Army and the Colombian National Police: Provided further, That procurement of UH–60 Blackhawk helicopters from funds

made available under this heading shall be managed by the United

States Defense Security Cooperation Agency: Provided further, That

the President shall ensure that if any helicopter procured with

funds under this heading is used to aid or abet the operations

of an illegal self-defense group or illegal security cooperative, then

such helicopter shall be immediately returned to the United States:

Provided further, That of the amount appropriated under this

heading, $2,500,000 shall be available for a program for the

demobilization and rehabilitation of child soldiers in Colombia: Provided further, That funds made available under this heading shall

be in addition to amounts otherwise available for such purposes:

Provided further, That section 482(b) of the Foreign Assistance

Act of 1961 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 countryby-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.—

Deadline.

Reports.

President.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 573

(1) CERTIFICATION REQUIRED.—Assistance provided under

this heading may be made available for Colombia in fiscal

years 2000 and 2001 only if the Secretary of State certifies

to the appropriate congressional committees prior to the initial

obligation of such assistance in each such fiscal year, that—

(A)(i) the President of Colombia has directed in writing

that Colombian Armed Forces personnel who are credibly

alleged to have committed gross violations of human rights

will be brought to justice in Colombia’s civilian courts,

in accordance with the 1997 ruling of Colombia’s Constitutional court regarding civilian court jurisdiction in human

rights cases; and

(ii) the Commander General of the Colombian Armed

Forces is promptly suspending from duty any Colombian

Armed Forces personnel who are credibly alleged to have

committed gross violations of human rights or to have

aided or abetted paramilitary groups; and

(iii) the Colombian Armed Forces and its Commander

General are fully complying with (A)(i) and (ii); and

(B) the Colombian Armed Forces are cooperating fully

with civilian authorities in investigating, prosecuting, and

punishing in the civilian courts Colombian Armed Forces

personnel who are credibly alleged to have committed gross

violations of human rights;

(C) the Government of Colombia is vigorously prosecuting in the civilian courts the leaders and members

of paramilitary groups and Colombian Armed Forces personnel who are aiding or abetting these groups;

(D) the Government of Colombia has agreed to and

is implementing a strategy to eliminate Colombia’s total

coca and opium poppy production by 2005 through a mix

of alternative development programs; manual eradication;

aerial spraying of chemical herbicides; tested, environmentally safe mycoherbicides; and the destruction of illicit

narcotics laboratories on Colombian territory; and

(E) the Colombian Armed Forces are developing and

deploying in their field units a Judge Advocate General

Corps to investigate Colombian Armed Forces personnel

for misconduct.

(2) CONSULTATIVE PROCESS.—The Secretary of State shall

consult with internationally recognized human rights organizations regarding the Government of Colombia’s progress in

meeting the conditions contained in paragraph (1), prior to

issuing the certification required under paragraph (1).

(3) APPLICATION OF EXISTING LAWS.—The same restrictions

contained in section 564 of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 2000

(Public Law 106–113) and section 8098 of the Department

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

apply to the availability of funds under this heading.

(4) WAIVER.—Assistance may be furnished without regard

to this section if the President determines and certifies to

the appropriate committees that to do so is in the national

security interest.

(b) DEFINITIONS.—In this section:

(1) AIDING OR ABETTING.—The term ‘‘aiding or abetting’’

means direct and indirect support to paramilitary groups,

114 STAT. 574 PUBLIC LAW 106–246—JULY 13, 2000

including conspiracy to allow, facilitate, or promote the activities of paramilitary groups.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on Appropriations and the Committee on Foreign Relations

of the Senate and the Committee on Appropriations and the

Committee on International Relations of the House of Representatives.

(3) PARAMILITARY GROUPS.—The term ‘‘paramilitary

groups’’ means illegal self-defense groups and illegal security

cooperatives.

(4) ASSISTANCE.—The term ‘‘assistance’’ means assistance

appropriated under this heading for fiscal years 2000 and 2001,

and provided under the following provisions of law:

(A) Section 1004 of the National Defense Authorization

Act for Fiscal Year 1991 (Public Law 101–510; relating

to counter-drug assistance).

(B) Section 1033 of the National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85; relating

to counter-drug assistance to Colombia and Peru).

(C) Section 23 of the Arms Export Control Act (Public

Law 90–629; relating to credit sales).

(D) Section 481 of the Foreign Assistance Act of 1961

(Public Law 87–195; relating to international narcotics control).

(E) Section 506 of the Foreign Assistance Act of 1961

(Public Law 87–195; relating to emergency drawdown

authority).

SEC. 3202. REGIONAL STRATEGY. (a) REPORT REQUIRED.—Not

later than 60 days after the date of the enactment of this Act,

the President shall submit to the Committee on Foreign Relations

and the Committee on Appropriations of the Senate, the Committee

on International Relations and the Committee on Appropriations

of the House of Representatives, a report on the current United

States policy and strategy regarding United States counternarcotics

assistance for Colombia and neighboring countries.

(b) REPORT ELEMENTS.—The report required by subsection (a)

shall address the following:

(1) The key objectives of the United States’ counternarcotics

strategy in Colombia and neighboring countries and a detailed

description of benchmarks by which to measure progress toward

those objectives.

(2) The actions required of the United States to support

and achieve these objectives, and a schedule and cost estimates

for implementing such actions.

(3) The role of the United States in the efforts of the

Government of Colombia to deal with illegal drug production

in Colombia.

(4) The role of the United States in the efforts of the

Government of Colombia to deal with the insurgency and paramilitary forces in Colombia.

(5) How the strategy with respect to Colombia relates to

and affects the United States’ strategy in the neighboring countries.

(6) How the strategy with respect to Colombia relates to

and affects the United States’ strategy for fulfilling global

counternarcotics goals.

Deadline.

President.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 575

(7) A strategy and schedule for providing material, technical, and logistical support to Colombia and neighboring countries in order to defend the rule of law and to more effectively

impede the cultivation, production, transit, and sale of illicit

narcotics.

(8) A schedule for making Forward Operating Locations

(FOL) fully operational, including cost estimates and a description of the potential capabilities for each proposed location

and an explanation of how the FOL architecture fits into the

overall Strategy.

SEC. 3203. REPORT ON EXTRADITION OF NARCOTICS TRAFFICKERS.—(a) Not later than 6 months after the date of the enactment of this title, and every 6 months thereafter, during the period

Plan Colombia resources are made available, the Secretary of State

shall submit to the Committee on Foreign Relations, the Committee

on the Judiciary, and the Committee on Appropriations of the

Senate; and the Committee on International Relations, the Committee on the Judiciary, and the Committee on Appropriations

of the House of Representatives a report setting forth—

(1) a list of the persons whose extradition has been

requested from any country receiving counternarcotics assistance from the United States, indicating those persons who—

(A) have been surrendered to the custody of United

States authorities;

(B) have been detained by the authorities and who

are being processed for extradition;

(C) have been detained by the authorities and who

are not yet being processed for extradition; or

(D) are at large;

(2) a determination whether authorities of each country

receiving counternarcotics assistance from the United States

are making good faith efforts to ensure the prompt extradition

of each of the persons sought by United States authorities;

and

(3) an analysis of—

(A) any legal obstacles in the laws of each country

receiving counternarcotics assistance from the United

States regarding prompt extradition of persons sought by

United States authorities; and

(B) the steps taken by authorities of the United States

and the authorities of each country receiving counternarcotics assistance from the United States to overcome

such obstacles.

SEC. 3204. LIMITATIONS ON SUPPORT FOR PLAN COLOMBIA AND

ON THE ASSIGNMENT OF UNITED STATES PERSONNEL IN COLOMBIA.

(a) LIMITATION ON SUPPORT FOR PLAN COLOMBIA.—

(1) LIMITATION.—Except as provided in paragraph (2), none

of the funds appropriated or otherwise made available by any

Act shall be available for support of Plan Colombia unless

and until—

(A) the President submits a report to Congress

requesting the availability of such funds; and

(B) Congress enacts a joint resolution approving the

request of the President under subparagraph (A).

(2) EXCEPTIONS.—The limitation in paragraph (1) does not

apply to—

Deadline.

114 STAT. 576 PUBLIC LAW 106–246—JULY 13, 2000

(A) appropriations made by this Act, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001, the Military Construction Appropriations

Act, 2001, the Commerce, Justice, State and the Judiciary

Appropriations Act, 2001, the Treasury and General

Government Appropriations Act, 2001, or the Department

of Defense Appropriations Act, 2001, for the purpose of

support of Plan Colombia; or

(B) the unobligated balances from any other program

used for their originally appropriated purpose to combat

drug production and trafficking, foster peace, increase the

rule of law, improve human rights, expand economic

development, and institute justice reform in the countries

covered by Plan Colombia.

(3) WAIVER.—The limitations in subsection (a) may be

waived by an Act of Congress.

(b) LIMITATION ON ASSIGNMENT OF UNITED STATES PERSONNEL

IN COLOMBIA.—

(1) LIMITATION.—Except as provided in paragraph (2), none

of the funds appropriated or otherwise made available by this

or any other Act (including funds described in subsection (c))

may be available for—

(A) the assignment of any United States military personnel for temporary or permanent duty in Colombia in

connection with support of Plan Colombia if that assignment would cause the number of United States military

personnel so assigned in Colombia to exceed 500; or

(B) the employment of any United States individual

civilian retained as a contractor in Colombia if that employment would cause the total number of United States individual civilian contractors employed in Colombia in support

of Plan Colombia who are funded by Federal funds to

exceed 300.

(2) EXCEPTION.—The limitation contained in paragraph (1)

shall not apply if—

(A) the President submits a report to Congress

requesting that the limitation not apply; and

(B) Congress enacts a joint resolution approving the

request of the President under subparagraph (A).

(c) WAIVER.—The President may waive the limitation in subsection (b)(1) for a single period of up to 90 days in the event

that the Armed Forces of the United States are involved in hostilities or that imminent involvement by the Armed Forces of the

United States in hostilities is clearly indicated by the circumstances.

(d) STATUTORY CONSTRUCTION.—Nothing in this section may

be construed to affect the authority of the President to carry out

any emergency evacuation of United States citizens or any search

or rescue operation for United States military personnel or other

United States citizens.

(e) REPORT ON SUPPORT FOR PLAN COLOMBIA.—Not later than

June 1, 2001, and not later than June 1 and December 1 of each

of the succeeding 4 fiscal years, the President shall submit a report

to Congress setting forth any costs (including incremental costs

incurred by the Department of Defense) incurred by any department, agency, or other entity of the executive branch of Government

during the two previous fiscal quarters in support of Plan Colombia.

Deadline.

President.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 577

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 Act, and every 60 days thereafter,

the President shall submit a report to Congress that shall include

the aggregate number, locations, activities, and lengths of assignment for all temporary and permanent United States military personnel and United States individual civilians retained as contractors

involved in the antinarcotics campaign in Colombia.

(g) CONGRESSIONAL PRIORITY PROCEDURES.—

(1) JOINT RESOLUTIONS DEFINED.—

(A) For purposes of subsection (a)(1)(B), the term ‘‘joint

resolution’’ means only a joint resolution introduced not

later than 10 days of the date on which the report of

the President under subsection (a)(1)(A) is received by Congress, the matter after the resolving clause of which is

as follows: ‘‘That Congress approves the request of the

President for additional funds for Plan Colombia contained

in the report submitted by the President under section

3204(a)(1) of the 2000 Emergency Supplemental Appropriations Act.’’.

(B) For purposes of subsection (b)(2)(B), the term ‘‘joint

resolution’’ means only a joint resolution introduced not

later than 10 days of the date on which the report of

the President under subsection (a)(1)(A) is received by Congress, the matter after the resolving clause of which is

as follows: ‘‘That Congress approves the request of the

President for exemption from the limitation applicable to

the assignment of personnel in Colombia contained in the

report submitted by the President under section

3204(b)(2)(B) of the 2000 Emergency Supplemental Appropriations Act.’’.

(2) PROCEDURES.—Except as provided in subparagraph (B),

a joint resolution described in paragraph (1)(A) or (1)(B) shall

be considered in a House of Congress in accordance with the

procedures applicable to joint resolutions under paragraphs

(3) through (8) of section 8066(c) of the Department of Defense

Appropriations Act, 1985 (as contained in Public Law 98–473;

98 Stat. 1936).

(h) PLAN COLOMBIA DEFINED.—In this section, the term ‘‘Plan

Colombia’’ means the plan of the Government of Colombia instituted

by the administration of President Pastrana to combat drug production and trafficking, foster peace, increase the rule of law, improve

human rights, expand economic development, and institute justice

reform.

SEC. 3205. (a) DENIAL OF VISAS FOR PERSONS CREDIBLY

ALLEGED TO HAVE AIDED AND ABETTED COLOMBIAN INSURGENT

AND PARAMILITARY GROUPS.—None of the funds appropriated or

otherwise made available in this Act for any fiscal year for the

Department of State may be used to issue visas to any person

who has been credibly alleged to have provided direct or indirect

support to the Revolutionary Armed Forces of Colombia (FARC),

the National Liberation Army (ELN), or the United Colombian

Self Defense organization (AUC), including conspiracy to allow,

facilitate, or promote the illegal activities of such groups.

(b) EXEMPTION.—Subsection (a) shall not apply if the Secretary

of State finds, on a case-by-case basis, that the entry into the

Deadline.

President.

114 STAT. 578 PUBLIC LAW 106–246—JULY 13, 2000

United States of a person who would otherwise be excluded under

this section is necessary for medical reasons, or to permit the

prosecution of such person in the United States, or the person

has cooperated fully with the investigation of crimes committed

by individuals associated with the Revolutionary Armed Forces

of Colombia (FARC), the National Liberation Army (ELN), or the

United Colombian Self Defense organization (AUC).

(c) WAIVER.—The President may waive the limitation in subsection (a) if the President determines that the waiver is in the

national interest.

SEC. 3206. LIMITATION ON SUPPLEMENTAL FUNDS FOR POPULATION PLANNING.—Amounts appropriated under this division or

under any other provision of law for fiscal year 2000 that are

in addition to the funds made available under title II of the Foreign

Operations, Export Financing, and Related Programs Appropriations Act, 2000 (as enacted into law by section 1000(a)(2) of Public

Law 106–113) shall be deemed to have been appropriated under

title II of such Act and shall be subject to all limitations and

restrictions contained in section 599D of such Act, notwithstanding

section 543 of such Act.

SEC. 3207. DECLARATION OF SUPPORT. (a) CERTIFICATION

REQUIRED.—Assistance may be made available for Colombia in

fiscal years 2000 and 2001 only if the Secretary of State certifies

to the appropriate congressional committees, before the initial

obligation of such assistance in each such fiscal year, that the

United States Government publicly supports the military and political efforts of the Government of Colombia, consistent with human

rights conditions in section 3101, necessary to effectively resolve

the conflicts with the guerrillas and paramilitaries that threaten

the territorial integrity, economic prosperity, and rule of law in

Colombia.

(b) DEFINITIONS.—In this section:

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term

‘‘appropriate committees of Congress’’ means the following:

(A) The Committees on Appropriations and Foreign

Relations of the Senate.

(B) The Committees on Appropriations and International Relations of the House of Representatives.

(2) ASSISTANCE.—The term ‘‘assistance’’ means assistance

appropriated under this heading for fiscal years 2000 and 2001,

and provided under the following provisions of law:

(A) Section 1004 of the National Defense Authorization

Act for Fiscal Year 1991 (Public Law 101–510; relating

to counter-drug assistance).

(B) Section 1033 of the National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85; relating

to counter-drug assistance to Colombia and Peru).

(C) Section 23 of the Arms Export Control Act (Public

Law 90–629; relating to credit sales).

(D) Section 481 of the Foreign Assistance Act of 1961

(Public Law 87–195; relating to international narcotics control).

(E) Section 506 of the Foreign Assistance Act of 1961

(Public Law 87–195; relating to emergency drawdown

authority).

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 579

CHAPTER 3

MILITARY CONSTRUCTION, DEFENSE-WIDE

Notwithstanding any other provision of law, for an additional amount for ‘‘Military Construction, Defense-Wide’’, $116,523,000,

to remain available until September 30, 2004: Provided, That such

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that

an official budget request for $116,523,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

to the Congress.

TITLE IV—LEWIS AND CLARK RURAL WATER SYSTEM

SEC. 4101. SHORT TITLE.

This title may be cited as the ‘‘Lewis and Clark Rural Water

System Act of 2000’’.

SEC. 4102. DEFINITIONS.

In this title:

(1) FEASIBILITY STUDY.—The term ‘‘feasibility study’’ means

the study entitled ‘‘Feasibility Level Evaluation of a Missouri

River Regional Water Supply for South Dakota, Iowa and Minnesota’’, dated September 1993, that includes a water conservation plan, environmental report, and environmental enhancement component.

(2) INCREMENTAL COST.—The term ‘‘incremental cost’’

means the cost of the savings to the project were the City

of Sioux Falls not to participate in the water supply system.

(3) MEMBER ENTITY.—The term ‘‘member entity’’ means

a rural water system or municipality that meets the requirements for membership as defined by the Lewis and Clark

Rural Water System, Inc. bylaws, dated September 6, 1990.

(4) PROJECT CONSTRUCTION BUDGET.—The term ‘‘project

construction budget’’ means the description of the total amount

of funds needed for the construction of the water supply project,

as contained in the feasibility study.

(5) PUMPING AND INCIDENTAL OPERATIONAL REQUIREMENTS.—The term ‘‘pumping and incidental operational requirements’’ means all power requirements that are necessary for

the operation of intake facilities, pumping stations, water treatment facilities, reservoirs, and pipelines up to the point of

delivery of water by the water supply system to each member

entity that distributes water at retail to individual users.

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(7) WATER SUPPLY PROJECT.—

(A) IN GENERAL.—The term ‘‘water supply project’’

means the physical components of the Lewis and Clark

Rural Water Project.

(B) INCLUSIONS.—The term ‘‘water supply project’’

includes—

Lewis and Clark

Rural Water

System Act of

2000.

State listing.

114 STAT. 580 PUBLIC LAW 106–246—JULY 13, 2000

(i) necessary pumping, treatment, and distribution

facilities;

(ii) pipelines;

(iii) appurtenant buildings and property rights;

(iv) electrical power transmission and distribution

facilities necessary for services to water systems facilities; and

(v) such other pipelines, pumping plants, and facilities as the Secretary considers necessary and appropriate to meet the water supply, economic, public

health, and environment needs of the member entities

(including water storage tanks, water lines, and other

facilities for the member entities).

(8) WATER SUPPLY SYSTEM.—The term ‘‘water supply

system’’ means the Lewis and Clark Rural Water System, Inc.,

a nonprofit corporation established and operated substantially

in accordance with the feasibility study.

SEC. 4103. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.

(a) IN GENERAL.—The Secretary shall make grants to the water

supply system for the planning and construction of the water supply

project.

(b) SERVICE AREA.—The water supply system shall provide

for the member entities safe and adequate municipal, rural, and

industrial water supplies, mitigation of wetland areas, and water

conservation in—

(1) Lake County, McCook County, Minnehaha County,

Turner County, Lincoln County, Clay County, and Union

County, in southeastern South Dakota;

(2) Rock County and Nobles County, in southwestern Minnesota; and

(3) Lyon County, Sioux County, Osceola County, O’Brien

County, Dickinson County, and Clay County, in northwestern

Iowa.

(c) AMOUNT OF GRANTS.—Grants made available under subsection (a) to the water supply system shall not exceed the amount

of funds authorized under section 4108.

(d) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.—

The Secretary shall not obligate funds for the construction of the

water supply project until—

(1) the requirements of the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.) are met; and

(2) a final engineering report and a plan for a water conservation program are prepared and submitted to the Congress

not less than 90 days before the commencement of construction

of the water supply project.

SEC. 4104. MITIGATION OF FISH AND WILDLIFE LOSSES.

Mitigation for fish and wildlife losses incurred as a result

of the construction and operation of the water supply project shall

be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study.

SEC. 4105. USE OF PICK-SLOAN POWER.

(a) IN GENERAL.—From power designated for future irrigation

and drainage pumping for the Pick-Sloan Missouri Basin program,

the Western Area Power Administration shall make available, at

the firm power rate, the capacity and energy required to meet

Reports.

Deadline.

Grants.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 581

the pumping and incidental operational requirements of the water

supply project during the period beginning on May 1 and ending

on October 31 of each year.

(b) QUALIFICATION TO USE PICK-SLOAN POWER.—For operation

during the period beginning May 1 and ending October 31 of each

year, for as long as the water supply system operates on a notfor-profit basis, the portions of the water supply project constructed

with assistance under this title shall be eligible to receive firm

power from the Pick-Sloan Missouri Basin program established

by section 9 of the Act of December 22, 1944 (chapter 665; 58

Stat. 887), popularly known as the Flood Control Act of 1944.

SEC. 4106. NO LIMITATION ON WATER PROJECTS IN STATES.

This title does not limit the authorization for water projects

in the States of South Dakota, Iowa, and Minnesota under law

in effect on or after the date of the enactment of this Act.

SEC. 4107. WATER RIGHTS.

Nothing in this title—

(1) invalidates or preempts State water law or an interstate

compact governing water;

(2) alters the rights of any State to any appropriated share

of the waters of any body of surface or ground water, whether

determined by past or future interstate compacts or by past

or future legislative or final judicial allocations;

(3) preempts or modifies any Federal or State law, or

interstate compact, governing water quality or disposal; or

(4) confers on any non-Federal entity the ability to exercise

any Federal right to the waters of any stream or to any ground

water resource.

SEC. 4108. COST SHARING.

(a) FEDERAL COST SHARE.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Secretary shall provide funds equal to 80 percent of—

(A) the amount allocated in the total project construction budget for planning and construction of the water

supply project under section 4103; and

(B) such amounts as are necessary to defray increases

in development costs reflected in appropriate engineering

cost indices after September 1, 1993.

(2) SIOUX FALLS.—The Secretary shall provide funds for

the City of Sioux Falls, South Dakota, in an amount equal

to 50 percent of the incremental cost to the city of participation

in the project.

(b) NON-FEDERAL COST SHARE.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

non-Federal share of the costs allocated to the water supply

system shall be 20 percent of the amounts described in subsection (a)(1).

(2) SIOUX FALLS.—The non-Federal cost-share for the City

of Sioux Falls, South Dakota, shall be 50 percent of the incremental cost to the city of participation in the project.

SEC. 4109. BUREAU OF RECLAMATION.

(a) AUTHORIZATION.—At the request of the water supply system,

the Secretary may allow the Commissioner of Reclamation to provide project construction oversight to the water supply project for

114 STAT. 582 PUBLIC LAW 106–246—JULY 13, 2000

the service area of the water supply system described in section

4103(b).

(b) PROJECT OVERSIGHT ADMINISTRATION.—The amount of funds

used by the Commissioner of Reclamation for oversight described

in subsection (a) shall not exceed the amount that is equal to

1 percent of the amount provided in the total project construction

budget for the entire project construction period.

SEC. 4110. PROJECT OWNERSHIP AND RESPONSIBILITY.

The water supply system shall retain title to all project facilities

during and after construction, and shall be responsible for all operation, maintenance, repair, and rehabilitation costs of the project.

SEC. 4111. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title $213,887,700, to remain available until expended.

TITLE V—GENERAL PROVISIONS THIS DIVISION

SEC. 5101. No part of any appropriation contained in this

division shall remain available for obligation beyond the current

fiscal year unless expressly so provided herein.

SEC. 5102. Sections 305 and 306 of H.R. 3425 of the 106th

Congress, as enacted into law by section 1000(a)(5) of Public Law

106–113, are hereby repealed.

REPEAL OF UNOBLIGATED BALANCE RESTRICTIONS

SEC. 5103. The final proviso under the heading ‘‘Foreign Military Financing Program’’ in title VI of the Foreign Operations,

Export Financing, and Related Programs as enacted into law by

section 1000(a)(2) of division B of Public Law 106–113 (113 Stat.

1501A–133), is null and void.

SEC. 5104. Section 216 of the Departments of Labor, Health

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

Public Law 106–113) is repealed.

SEC. 5105. Section 5527 of Public Law 105–33, The Balanced

Budget Act of 1997, is repealed.

SEC. 5106. Section 9305 of Public Law 105–33 (111 Stat. 677)

is repealed.

SEC. 5107. Notwithstanding section 251(a) of the Balanced

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

there shall be no sequestration under that section to eliminate

a fiscal year 2000 breach or no reductions in discretionary spending

limits for fiscal year 2001 that might be caused by the appropriations or other provisions in this Act.

SEC. 5108. (a) The enactment of this Act shall be deemed

to fulfill the requirements for enactment of a law for purposes

of section 206(b) of H. Con. Res. 290 (106th Congress).

(b) Section 312(b) of the Congressional Budget Act of 1974

shall not apply in the Senate with respect to fiscal year 2001.

SEC. 5109. Section 207 of H. Con. Res. 290 (106th Congress)

is amended as follows:

(1) by reducing the limit on outlays set forth in subsection

(a)(1) by $2,000,000,000; and

(2) by increasing the limit on outlays set forth in subsection

(a)(2) by $2,000,000,000.

42 USC 909 note.

113 Stat.

1501A–240.

113 Stat.

1501A–361, 362.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 583

This division may be cited as the ‘‘Emergency Supplemental

Act, 2000’’.

DIVISION C—CERRO GRANDE FIRE

The following sums are appropriated, out of any money in

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2000, and for other purposes, namely:

TITLE I—CERRO GRANDE FIRE ASSISTANCE ACT

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Cerro Grande Fire Assistance

Act’’.

SEC. 102. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) on May 4, 2000, the National Park Service initiated

a prescribed burn on Federal land at Bandelier National Monument in New Mexico during the peak of the fire season in

the Southwest;

(2) on May 5, 2000, the prescribed burn, which became

known as the ‘‘Cerro Grande Prescribed Fire’’, exceeded the

containment capabilities of the National Park Service, was

reclassified as a wildland burn, and spread to other Federal

and non-Federal land, quickly becoming characterized as a

wildfire;

(3) by May 7, 2000, the fire had grown in size and caused

evacuations in and around Los Alamos, New Mexico, including

the Los Alamos National Laboratory, one of the leading national

research laboratories in the United States and the birthplace

of the atomic bomb;

(4) on May 13, 2000, the President issued a major disaster

declaration for the counties of Bernalillo, Cibola, Los Alamos,

McKinley, Mora, Rio Arriba, Sandoval, San Juan, San Miguel,

Santa Fe, Taos, and Torrance, New Mexico;

(5) the fire resulted in the loss of Federal, State, local,

tribal, and private property;

(6) the Secretary of the Interior and the National Park

Service have assumed responsibility for the fire and subsequent

losses of property; and

(7) the United States should compensate the victims of

the Cerro Grande fire.

(b) PURPOSES.—The purposes of this title are—

(1) to compensate victims of the fire at Cerro Grande,

New Mexico, for injuries resulting from the fire; and

(2) to provide for the expeditious consideration and settlement of claims for those injuries.

SEC. 103. DEFINITIONS.

In this title:

(1) CERRO GRANDE FIRE.—The term ‘‘Cerro Grande fire’’

means the fire resulting from the initiation by the National

Park Service of a prescribed burn at Bandelier National Monument, New Mexico, on May 4, 2000.

(2) DIRECTOR.—The term ‘‘Director’’ means—

(A) the Director of the Federal Emergency Management

Agency; or

Cerro Grande

Fire Assistance

Act.

Cerro Grande

Fire

Supplemental.

New Mexico.

114 STAT. 584 PUBLIC LAW 106–246—JULY 13, 2000

(B) if a Manager is appointed under section 104(a)(3),

the Manager.

(3) INJURED PERSON.—The term ‘‘injured person’’ means—

(A) an individual, regardless of the citizenship or alien

status of the individual; or

(B) an Indian tribe, corporation, tribal corporation,

partnership, company, association, insurer, county, township, city, State, school district, or other non-Federal entity

(including a legal representative),

that suffered injury resulting from the Cerro Grande fire.

(4) INJURY.—The term ‘‘injury’’ has the same meaning as

the term ‘‘injury or loss of property, or personal injury or

death’’ as used in section 1346(b)(1) of title 28, United States

Code.

(5) MANAGER.—The term ‘‘Manager’’ means an Independent

Claims Manager appointed under section 104(a)(3).

(6) OFFICE.—The term ‘‘Office’’ means the Office of Cerro

Grande Fire Claims established by section 104(a)(2).

SEC. 104. COMPENSATION FOR VICTIMS OF CERRO GRANDE FIRE.

(a) IN GENERAL.—

(1) COMPENSATION.—Each injured person shall be entitled

to receive from the United States—

(A) compensation for injury suffered by the injured

person as a result of the Cerro Grande fire; and

(B) damages described in subsection (d)(4), as determined by the Director.

(2) OFFICE OF CERRO GRANDE FIRE CLAIMS.—

(A) IN GENERAL.—There is established within the Federal Emergency Management Agency an Office of Cerro

Grande Fire Claims.

(B) PURPOSE.—The Office shall receive, process, and

pay claims in accordance with this title.

(C) FUNDING.—The Office—

(i) shall be funded from funds made available to

the Director under this title;

(ii) may reimburse other Federal agencies for

claims processing support and assistance;

(iii) may appoint and fix the compensation of such

temporary personnel as may be necessary, without

regard to the provisions of title 5, United States Code,

governing appointments in competitive service;

(iv) upon the request of the Director, the head

of any Federal department or agency may detail, on

a reimbursable basis, any of the personnel of that

department or agency to the Federal Emergency

Management Agency to assist it in carrying out its

duties under this title; and

(v) shall not diminish the ability of the Director

to carry out the responsibilities of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act

(42 U.S.C. 5121 et seq.), including the timely provision

of disaster assistance to a State or territory, an area

of which is the subject of a major disaster or emergency

declaration made by the President during the period

in which the Director carries out this Act.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 585

(3) OPTION TO APPOINT INDEPENDENT CLAIMS MANAGER.— The Director may appoint an Independent Claims Manager

to—

(A) head the Office; and

(B) assume the duties of the Director under this title.

(b) SUBMISSION OF CLAIMS.—Not later than 2 years after the

date on which regulations are first promulgated under subsection

(f ), an injured person may submit to the Director a written claim

for one or more injuries suffered by the injured person in accordance

with such requirements as the Director determines to be appropriate.

(c) INVESTIGATION OF CLAIMS.—

(1) IN GENERAL.—The Director shall, on behalf of the United

States, investigate, consider, ascertain, adjust, determine,

grant, deny, or settle any claim for money damages asserted

under subsection (b).

(2) APPLICABILITY OF STATE LAW.—Except as otherwise provided in this title, the laws of the State of New Mexico shall

apply to the calculation of damages under subsection (d)(4).

(3) EXTENT OF DAMAGES.—Any payment under this title—

(A) shall be limited to actual compensatory damages

measured by injuries suffered; and

(B) shall not include—

(i) interest before settlement or payment of a claim;

or

(ii) punitive damages.

(d) PAYMENT OF CLAIMS.—

(1) DETERMINATION AND PAYMENT OF AMOUNT.—

(A) IN GENERAL.—

(i) PAYMENT.—Not later than 180 days after the

date on which a claim is submitted under this title,

the Director shall determine and fix the amount, if

any, to be paid for the claim.

(ii) PRIORITY.—The Director, to the maximum

extent practicable, shall pay subrogation claims submitted under this title only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees.

(B) PARAMETERS OF DETERMINATION.—In determining

and settling a claim under this title, the Director shall

determine only—

(i) whether the claimant is an injured person;

(ii) whether the injury that is the subject of the

claim resulted from the fire;

(iii) the amount, if any, to be allowed and paid

under this title; and

(iv) the person or persons entitled to receive the

amount.

(C) INSURANCE AND OTHER BENEFITS.—

(i) IN GENERAL.—In determining the amount of,

and paying, a claim under this title, to prevent recovery

by a claimant in excess of actual compensatory damages, the Director shall reduce the amount to be paid

for the claim by an amount that is equal to the total

of insurance benefits (excluding life insurance benefits)

or other payments or settlements of any nature that

were paid, or will be paid, with respect to the claim.

114 STAT. 586 PUBLIC LAW 106–246—JULY 13, 2000

(ii) GOVERNMENT LOANS.—This subparagraph shall

not apply to the receipt by a claimant of any Government loan that is required to be repaid by the claimant.

(2) PARTIAL PAYMENT.—

(A) IN GENERAL.—At the request of a claimant, the

Director may make one or more advance or partial payments before the final settlement of a claim, including

final settlement on any portion or aspect of a claim that

is determined to be severable.

(B) JUDICIAL DECISION.—If a claimant receives a partial

payment on a claim under this title, but further payment

on the claim is subsequently denied by the Director, the

claimant may—

(i) seek judicial review under subsection (i); and

(ii) keep any partial payment that the claimant

received, unless the Director determines that the

claimant—

(I) was not eligible to receive the compensation; or

(II) fraudulently procured the compensation.

(3) RIGHTS OF INSURER OR OTHER THIRD PARTY.—If an

insurer or other third party pays any amount to a claimant

to compensate for an injury described in subsection (a), the

insurer or other third party shall be subrogated to any right

that the claimant has to receive any payment under this title

or any other law.

(4) ALLOWABLE DAMAGES.—

(A) LOSS OF PROPERTY.—A claim that is paid for loss

of property under this title may include otherwise

uncompensated damages resulting from the Cerro Grande

fire for—

(i) an uninsured or underinsured property loss;

(ii) a decrease in the value of real property;

(iii) damage to physical infrastructure;

(iv) a cost resulting from lost tribal subsistence

from hunting, fishing, firewood gathering, timbering,

grazing, or agricultural activities conducted on land

damaged by the Cerro Grande fire;

(v) a cost of reforestation or revegetation on tribal

or non-Federal land, to the extent that the cost of

reforestation or revegetation is not covered by any

other Federal program; and

(vi) any other loss that the Director determines

to be appropriate for inclusion as loss of property.

(B) BUSINESS LOSS.—A claim that is paid for injury

under this title may include damages resulting from the

Cerro Grande fire for the following types of otherwise

uncompensated business loss:

(i) Damage to tangible assets or inventory.

(ii) Business interruption losses.

(iii) Overhead costs.

(iv) Employee wages for work not performed.

(v) Any other loss that the Director determines

to be appropriate for inclusion as business loss.

(C) FINANCIAL LOSS.—A claim that is paid for injury

under this title may include damages resulting from the

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 587

Cerro Grande fire for the following types of otherwise

uncompensated financial loss:

(i) Increased mortgage interest costs.

(ii) An insurance deductible.

(iii) A temporary living or relocation expense.

(iv) Lost wages or personal income.

(v) Emergency staffing expenses.

(vi) Debris removal and other cleanup costs.

(vii) Costs of reasonable efforts, as determined by

the Director, to reduce the risk of wildfire, flood, or

other natural disaster in the counties specified in section 102(a)(4), to risk levels prevailing in those counties

before the Cerro Grande fire, that are incurred not

later than the date that is 3 years after the date

on which the regulations under subsection (f ) are first

promulgated.

(viii) A premium for flood insurance that is

required to be paid on or before May 12, 2002, if,

as a result of the Cerro Grande fire, a person that

was not required to purchase flood insurance before

the Cerro Grande fire is required to purchase flood

insurance.

(ix) Any other loss that the Director determines

to be appropriate for inclusion as financial loss.

(e) ACCEPTANCE OF AWARD.—The acceptance by a claimant

of any payment under this title, except an advance or partial

payment made under subsection (d)(2), shall—

(1) be final and conclusive on the claimant (but not on

any subrogee of the claimant), with respect to all claims arising

out of or relating to the same subject matter;

(2) constitute a complete release of all claims against the

United States (including any agency or employee of the United

States) under chapter 171 of title 28, United States Code (commonly known as the ‘‘Federal Tort Claims Act’’), or any other

Federal or State law, arising out of or relating to the same

subject matter; and

(3) shall include a certification by the claimant, made under

penalty of perjury and subject to the provisions of section

1001 of title 18, United States Code, that such claim is true

and correct.

(f ) REGULATIONS AND PUBLIC INFORMATION.—

(1) REGULATIONS.—Notwithstanding any other provision of

law, not later than 45 days after the date of the enactment

of this Act, the Director shall promulgate and publish in the

Federal Register interim final regulations for the processing

and payment of claims under this title.

(2) PUBLIC INFORMATION.—

(A) IN GENERAL.—At the time at which the Director

promulgates regulations under paragraph (1), the Director

shall publish, in newspapers of general circulation in the

State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of—

(i) the rights conferred under this title; and

(ii) the procedural and other requirements of the

regulations promulgated under paragraph (1).

(B) DISSEMINATION THROUGH OTHER MEDIA.—The

Director shall disseminate the explanation published under

Publication.

Deadline.

Federal Register,

publication.

114 STAT. 588 PUBLIC LAW 106–246—JULY 13, 2000

subparagraph (A) through brochures, pamphlets, radio,

television, and other media that the Director determines

are likely to reach prospective claimants.

(g) CONSULTATION.—In administering this title, the Director

shall consult with the Secretary of the Interior, the Secretary of

Energy, the Secretary of Agriculture, the Administrator of the Small

Business Administration, other Federal agencies, and State, local,

and tribal authorities, as determined to be necessary by the Director

to—

(1) ensure the efficient administration of the claims process;

and

(2) provide for local concerns.

(h) ELECTION OF REMEDY.—

(1) IN GENERAL.—An injured person may elect to seek

compensation from the United States for one or more injuries

resulting from the Cerro Grande fire by—

(A) submitting a claim under this title;

(B) filing a claim or bringing a civil action under

chapter 171 of title 28, United States Code; or

(C) bringing an authorized civil action under any other

provision of law.

(2) EFFECT OF ELECTION.—An election by an injured person

to seek compensation in any manner described in paragraph

(1) shall be final and conclusive on the claimant with respect

to all injuries resulting from the Cerro Grande fire that are

suffered by the claimant.

(3) ARBITRATION.—

(A) IN GENERAL.—Not later than 45 days after the

date of the enactment of this Act, the Director shall establish by regulation procedures under which a dispute

regarding a claim submitted under this title may be settled

by arbitration.

(B) ARBITRATION AS REMEDY.—On establishment of

arbitration procedures under subparagraph (A), an injured

person that submits a disputed claim under this title may

elect to settle the claim through arbitration.

(C) BINDING EFFECT.—An election by an injured person

to settle a claim through arbitration under this paragraph

shall—

(i) be binding; and

(ii) preclude any exercise by the injured person

of the right to judicial review of a claim described

in subsection (i).

(4) NO EFFECT ON ENTITLEMENTS.—Nothing in this title

affects any right of a claimant to file a claim for benefits

under any Federal entitlement program.

(i) JUDICIAL REVIEW.—

(1) IN GENERAL.—Any claimant aggrieved by a final decision of the Director under this title may, not later than 60

days after the date on which the decision is issued, bring

a civil action in the United States District Court for the District

of New Mexico, to modify or set aside the decision, in whole

or in part.

(2) RECORD.—The court shall hear a civil action under

paragraph (1) on the record made before the Director.

(3) STANDARD.—The decision of the Director incorporating

the findings of the Director shall be upheld if the decision

Deadline.

Regulations.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 589

is supported by substantial evidence on the record considered

as a whole.

( j) ATTORNEY’S AND AGENT’S FEES.—

(1) IN GENERAL.—No attorney or agent, acting alone or

in combination with any other attorney or agent, shall charge,

demand, receive, or collect, for services rendered in connection

with a claim submitted under this title, fees in excess of 10

percent of the amount of any payment on the claim.

(2) VIOLATION.—An attorney or agent who violates paragraph (1) shall be fined not more than $10,000.

(k) WAIVER OF REQUIREMENT FOR MATCHING FUNDS.—

(1) IN GENERAL.—Notwithstanding any other provision of

law, a State or local project that is determined by the Director

to be carried out in response to the Cerro Grande fire under

any Federal program that applies to an area affected by the

Cerro Grande fire shall not be subject to any requirement

for State or local matching funds to pay the cost of the project

under the Federal program.

(2) FEDERAL SHARE.—The Federal share of the costs of

a project described in paragraph (1) shall be 100 percent.

(l) APPLICABILITY OF DEBT COLLECTION REQUIREMENTS.—Section 3716 of title 31, United States Code, shall not apply to any

payment under this title.

(m) INDIAN COMPENSATION.—Notwithstanding any other provision of law, in the case of an Indian tribe, a tribal entity, or

a member of an Indian tribe that submits a claim under this

title—

(1) the Bureau of Indian Affairs shall have no authority

over, or any trust obligation regarding, any aspect of the

submission of, or any payment received for, the claim;

(2) the Indian tribe, tribal entity, or member of an Indian

tribe shall be entitled to proceed under this title in the same

manner and to the same extent as any other injured person;

and

(3) except with respect to land damaged by the Cerro

Grande fire that is the subject of the claim, the Bureau of

Indian Affairs shall have no responsibility to restore land damaged by the Cerro Grande fire.

(n) REPORT.—Not later than 1 year after the date of promulgation of regulations under subsection (f )(1), and annually thereafter,

the Director shall submit to Congress a report that describes the

claims submitted under this title during the year preceding the

date of submission of the report, including, for each claim—

(1) the amount claimed;

(2) a brief description of the nature of the claim;

(3) the status or disposition of the claim, including the

amount of any payment under this title; and

(4) the Comptroller General shall conduct an annual audit

on the payment of all claims made under this title and shall

report to the Congress on the results of this audit beginning

not later than the expiration of the 1-year period beginning

on the date of the enactment of this Act. This report shall

include a review of all subrogation claims for which insurance

companies have been paid or are seeking payment as subrogees

under this title.

(o) AUTHORIZATION OF APPROPRIATIONS.—

Deadline.

114 STAT. 590 PUBLIC LAW 106–246—JULY 13, 2000

(1) IN GENERAL.—Notwithstanding any other provision of

law, there are authorized to be appropriated such sums as

are necessary to carry out this Act, to remain available until

expended.

(2) FEMA FUNDS.—None of the funds provided to the Federal Emergency Management Agency for the administration

of disaster relief shall be used to carry out this Act.

SEC. 105. APPROPRIATION OF FUNDS.

(a) CERRO GRANDE FIRE ASSISTANCE CLAIMS OFFICE.— (1) IN GENERAL.—There is appropriated for the Office for

administration of the compensation process under this title

up to $45,000,000, to remain available until expended.

(2) EMERGENCY REQUIREMENT.—The entire amount made

available under subparagraph (A)—

(A) shall be available only to the extent that the President submits to Congress an official budget request for

up to $45,000,000 that includes designation of the entire

amount of the request as an emergency requirement for

the purposes of the Balanced Budget and Emergency Deficit

Control Act of 1985 (2 U.S.C. 900 et seq.); and

(B) is designated by Congress as an emergency requirement under section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985 (2 U.S.C.

901(b)(2)(A)).

(b) CERRO GRANDE FIRE ASSISTANCE.—

(1) IN GENERAL.—There is appropriated for the payment

of claims in accordance with this title up to $455,000,000,

to remain available until expended.

(2) EMERGENCY REQUIREMENT.—The entire amount made

available under subparagraph (A)—

(A) shall be available only to the extent that the President submits to Congress an official budget request for

up to $455,000,000 that includes designation of the entire

amount of the request as an emergency requirement for

the purposes of the Balanced Budget and Emergency Deficit

Control Act of 1985 (2 U.S.C. 900 et seq.); and

(B) is designated by Congress as an emergency requirement under section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985 (2 U.S.C.

901(b)(2)(A)).

SEC. 106. PERIOD OF EFFECTIVENESS.

This title shall apply on and after the date of the enactment

of this Act, without regard to any fiscal year.

TITLE II—CERRO GRANDE FIRE EMERGENCY

SUPPLEMENTAL APPROPRIATIONS

DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

EMERGENCY CONSERVATION PROGRAM

For an additional amount for ‘‘Emergency Conservation Program’’, $10,000,000: Provided, That notwithstanding any other

provision of law, these funds shall be available to rehabilitate

Applicability.

PUBLIC LAW 106–246—JULY 13, 2000 114 STAT. 591

farmland damaged from fires which resulted from prescribed

burnings conducted by the Federal Government which subsequently

resulted in unintended damage to farmlands and other lands: Provided further, That requirements for cost-sharing by landowners

shall not apply to funds provided pursuant to this section: Provided

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

extent that an official budget request for $10,000,000, that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

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

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

NATURAL RESOURCES CONSERVATION SERVICE

WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for ‘‘Watershed and Flood Prevention

Operations’’, for the Emergency Watershed Protection Program,

to repair damages to the waterways and watersheds resulting from

fires which resulted from prescribed burnings conducted by the

Federal Government, and other natural occurrences, $4,000,000,

to remain available until expended: Provided, That requirements

for cost-sharing by project sponsors shall not apply to funds provided

under this provision: Provided further, That the entire amount

shall be available only to the extent an official budget request

for $4,000,000, that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

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

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

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

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

CERRO GRANDE FIRE ACTIVITIES

For necessary expenses to remediate damaged Department of

Energy facilities and for other expenses associated with the Cerro

Grande fire, $138,000,000, to remain available until expended: Provided, That the entire amount shall be available only to the extent

an official budget request for $138,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

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

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

114 STAT. 592 PUBLIC LAW 106–246—JULY 13, 2000

LEGISLATIVE HISTORY—H.R. 4425 (S. 2521):

HOUSE REPORTS: Nos. 106–614 (Comm. on Appropriations) and 106–710

(Comm. of Conference).

SENATE REPORTS: No. 106–290 accompanying S. 2521 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 146 (2000):

May 16, considered and passed House.

May 18, considered and passed Senate, amended, in lieu of S. 2521.

June 29, House agreed to conference report.

June 30, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

July 13, Presidential statement.

Æ

DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For an additional amount for ‘‘Operation of Indian Programs’’, $8,982,000, to remain available until expended, for emergency restoration, rehabilitation, and reforestation of tribal lands and facilities of the Pueblo of Santa Clara and the Pueblo of San Ildefonso

damaged by the Cerro Grande Fire in New Mexico: Provided, That

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

budget request for $8,982,000, that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress: Provided further, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

GENERAL PROVISION—THIS TITLE

SEC. 2101. The Secretary of the Interior shall allow enrolled

members of the Pueblo of San Ildefonso and the Pueblo of Santa

Clara to collect plants, including the parts or products thereof,

and mineral resources within the Bandelier National Monument

for traditional and cultural uses. All collection activity, except

quantity limitations in current regulations of the National Park

Service, shall be consistent with applicable laws, and shall be

subject to such conditions as the Secretary deems necessary to

protect the resources and values of the Monument.

This division may be cited as the ‘‘Cerro Grande Fire Supplemental’’.

Approved July 13, 2000.