II

Calendar No. 529

106TH CONGRESS

2D SESSION S. 2521

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.

IN THE SENATE OF THE UNITED STATES

MAY 9, 2000

Mr. BURNS, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 DIVISION 1

4 That the following sums are appropriated, out of any

5 money in the Treasury not otherwise appropriated, for

6 military construction, family housing, and base realign7 ment and closure functions administered by the Depart-
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1 ment of Defense, for the fiscal year ending September 30,

2 2001, and for other purposes, namely:

3 MILITARY CONSTRUCTION, ARMY

4 For acquisition, construction, installation, and equip5 ment of temporary or permanent public works, military

6 installations, facilities, and real property for the Army as

7 currently authorized by law, including personnel in the

8 Army Corps of Engineers and other personal services nec9 essary for the purposes of this appropriation, and for con10 struction and operation of facilities in support of the func11 tions of the Commander in Chief, $823,503,000, to re12 main available until September 30, 2005: Provided, That

13 of this amount, not to exceed $84,706,000 shall be avail14 able for study, planning, design, architect and engineer

15 services, and host nation support, as authorized by law,

16 unless the Secretary of Defense determines that additional

17 obligations are necessary for such purposes and notifies

18 the Committees on Appropriations of both Houses of Con19 gress of his determination and the reasons therefor.

20 MILITARY CONSTRUCTION, NAVY

21 For acquisition, construction, installation, and equip22 ment of temporary or permanent public works, naval in23 stallations, facilities, and real property for the Navy as

24 currently authorized by law, including personnel in the

25 Naval Facilities Engineering Command and other per-
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1 sonal services necessary for the purposes of this appropria2 tion, $828,278,000, to remain available until September

3 30, 2005: Provided, That of this amount, not to exceed

4 $71,000,000 shall be available for study, planning, design,

5 architect and engineer services, as authorized by law, un6 less the Secretary of Defense determines that additional

7 obligations are necessary for such purposes and notifies

8 the Committees on Appropriations of both Houses of Con9 gress of his determination and the reasons therefor.

10 MILITARY CONSTRUCTION, AIR FORCE

11 For acquisition, construction, installation, and equip12 ment of temporary or permanent public works, military

13 installations, facilities, and real property for the Air Force

14 as currently authorized by law, $777,793,000, to remain

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

16 amount, not to exceed $69,337,000 shall be available for

17 study, planning, design, architect and engineer services,

18 as authorized by law, unless the Secretary of Defense de19 termines that additional obligations are necessary for such

20 purposes and notifies the Committees on Appropriations

21 of both Houses of Congress of his determination and the

22 reasons therefor.
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1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, installa5 tions, facilities, and real property for activities and agen6 cies of the Department of Defense (other than the military

7 departments), as currently authorized by law,

8 $801,098,000, to remain available until September 30,

9 2005: Provided, That such amounts of this appropriation

10 as may be determined by the Secretary of Defense may

11 be transferred to such appropriations of the Department

12 of Defense available for military construction or family

13 housing as he may designate, to be merged with and to

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

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

16 Provided further, That of the amount appropriated, not

17 to exceed $163,700,000 shall be available for study, plan18 ning, design, architect and engineer services, as authorized

19 by law, unless the Secretary of Defense determines that

20 additional obligations are necessary for such purposes and

21 notifies the Committees on Appropriations of both Houses

22 of Congress of his determination and the reasons therefor.

23 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and ad-
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1 ministration of the Army National Guard, and contribu2 tions therefor, as authorized by chapter 1803 of title 10,

3 United States Code, and Military Construction Authoriza4 tion Acts, $233,675,000, to remain available until Sep5 tember 30, 2005.

6 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

7 For construction, acquisition, expansion, rehabilita8 tion, and conversion of facilities for the training and ad9 ministration of the Air National Guard, and contributions

10 therefor, as authorized by chapter 1803 of title 10, United

11 States Code, and Military Construction Authorization

12 Acts, $183,029,000, to remain available until September

13 30, 2005.

14 MILITARY CONSTRUCTION, ARMY RESERVE

15 For construction, acquisition, expansion, rehabilita16 tion, and conversion of facilities for the training and ad17 ministration of the Army Reserve as authorized by chapter

18 1803 of title 10, United States Code, and Military Con19 struction Authorization Acts, $99,888,000, to remain

20 available until September 30, 2005.

21 MILITARY CONSTRUCTION, NAVAL RESERVE

22 For construction, acquisition, expansion, rehabilita23 tion, and conversion of facilities for the training and ad24 ministration of the reserve components of the Navy and

25 Marine Corps as authorized by chapter 1803 of title 10,
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1 United States Code, and Military Construction Authoriza2 tion Acts, $38,532,000, to remain available until Sep3 tember 30, 2005.

4 MILITARY CONSTRUCTION, AIR FORCE RESERVE

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Air Force Reserve as authorized by

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

9 Construction Authorization Acts, $25,533,000, to remain

10 available until September 30, 2005.

11 NORTH ATLANTIC TREATY ORGANIZATION

12 SECURITY INVESTMENT PROGRAM

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

14 Atlantic Treaty Organization Security Investment Pro15 gram for the acquisition and construction of military fa16 cilities and installations (including international military

17 headquarters) and for related expenses for the collective

18 defense of the North Atlantic Treaty Area as authorized

19 in Military Construction Authorization Acts and section

20 2806 of title 10, United States Code, $175,000,000, to

21 remain available until expended.

22 FAMILY HOUSING, ARMY

23 For expenses of family housing for the Army for con24 struction, including acquisition, replacement, addition, ex25 pansion, extension and alteration and for operation and
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1 maintenance, including debt payment, leasing, minor con2 struction, principal and interest charges, and insurance

3 premiums, as authorized by law, as follows: for Construc4 tion, $221,106,000, to remain available until September

5 30, 2005; for Operation and Maintenance, and for debt

6 payment, $958,364,000; in all $1,179,470,000.

7 FAMILY HOUSING, NAVY AND MARINE CORPS

8 For expenses of family housing for the Navy and Ma9 rine Corps for construction, including acquisition, replace10 ment, addition, expansion, extension and alteration and

11 for operation and maintenance, including debt payment,

12 leasing, minor construction, principal and interest

13 charges, and insurance premiums, as authorized by law,

14 as follows: for Construction, $392,765,000, to remain

15 available until September 30, 2005; for Operation and

16 Maintenance, and for debt payment, $881,567,000; in all

17 $1,274,332,000.

18 FAMILY HOUSING, AIR FORCE

19 For expenses of family housing for the Air Force for

20 construction, including acquisition, replacement, addition,

21 expansion, extension and alteration and for operation and

22 maintenance, including debt payment, leasing, minor con23 struction, principal and interest charges, and insurance

24 premiums, as authorized by law, as follows: for Construc25 tion, $227,242,000, to remain available until September
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1 30, 2005; for Operation and Maintenance, and for debt

2 payment, $820,879,000; in all $1,048,121,000.

3 FAMILY HOUSING, DEFENSE-WIDE

4 For expenses of family housing for the activities and

5 agencies of the Department of Defense (other than the

6 military departments) for construction, including acquisi7 tion, replacement, addition, expansion, extension and al8 teration, and for operation and maintenance, leasing, and

9 minor construction, as authorized by law, for Operation

10 and Maintenance, $44,886,000.

11 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV

12 For deposit into the Department of Defense Base

13 Closure Account 1990 established by section 2906(a)(1)

14 of the Department of Defense Authorization Act, 1991

15 (Public Law 101–510), $1,174,369,000, to remain avail16 able until expended: Provided, That not more than

17 $865,318,000 of the funds appropriated herein shall be

18 available solely for environmental restoration, unless the

19 Secretary of Defense determines that additional obliga20 tions are necessary for such purposes and notifies the

21 Committees on Appropriations of both Houses of Congress

22 of his determination and the reasons therefor.

23 GENERAL PROVISIONS

24 SEC. 101. None of the funds appropriated in Military

25 Construction Appropriations Acts shall be expended for
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1 payments under a cost-plus-a-fixed-fee contract for con2 struction, where cost estimates exceed $25,000, to be per3 formed within the United States, except Alaska, without

4 the specific approval in writing of the Secretary of Defense

5 setting forth the reasons therefor.

6 SEC. 102. Funds appropriated to the Department of

7 Defense for construction shall be available for hire of pas8 senger motor vehicles.

9 SEC. 103. Funds appropriated to the Department of

10 Defense for construction may be used for advances to the

11 Federal Highway Administration, Department of Trans12 portation, for the construction of access roads as author13 ized by section 210 of title 23, United States Code, when

14 projects authorized therein are certified as important to

15 the national defense by the Secretary of Defense.

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

17 may be used to begin construction of new bases inside the

18 continental United States for which specific appropria19 tions have not been made.

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

21 Construction Appropriations Acts shall be used for pur22 chase of land or land easements in excess of 100 percent

23 of the value as determined by the Army Corps of Engi24 neers or the Naval Facilities Engineering Command, ex25 cept: (1) where there is a determination of value by a Fed-
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1 eral court; (2) purchases negotiated by the Attorney Gen2 eral or his designee; (3) where the estimated value is less

3 than $25,000; or (4) as otherwise determined by the Sec4 retary of Defense to be in the public interest.

5 SEC. 106. None of the funds appropriated in Military

6 Construction Appropriations Acts shall be used to: (1) ac7 quire land; (2) provide for site preparation; or (3) install

8 utilities for any family housing, except housing for which

9 funds have been made available in annual Military Con10 struction Appropriations Acts.

11 SEC. 107. None of the funds appropriated in Military

12 Construction Appropriations Acts for minor construction

13 may be used to transfer or relocate any activity from one

14 base or installation to another, without prior notification

15 to the Committees on Appropriations.

16 SEC. 108. No part of the funds appropriated in Mili17 tary Construction Appropriations Acts may be used for

18 the procurement of steel for any construction project or

19 activity for which American steel producers, fabricators,

20 and manufacturers have been denied the opportunity to

21 compete for such steel procurement.

22 SEC. 109. None of the funds available to the Depart23 ment of Defense for military construction or family hous24 ing during the current fiscal year may be used to pay real

25 property taxes in any foreign nation.
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1 SEC. 110. None of the funds appropriated in Military

2 Construction Appropriations Acts may be used to initiate

3 a new installation overseas without prior notification to

4 the Committees on Appropriations.

5 SEC. 111. None of the funds appropriated in Military

6 Construction Appropriations Acts may be obligated for ar7 chitect and engineer contracts estimated by the Govern8 ment to exceed $500,000 for projects to be accomplished

9 in Japan, in any NATO member country, or in countries

10 bordering the Arabian Gulf, unless such contracts are

11 awarded to United States firms or United States firms

12 in joint venture with host nation firms.

13 SEC. 112. None of the funds appropriated in Military

14 Construction Appropriations Acts for military construc15 tion in the United States territories and possessions in the

16 Pacific and on Kwajalein Atoll, or in countries bordering

17 the Arabian Gulf, may be used to award any contract esti18 mated by the Government to exceed $1,000,000 to a for19 eign contractor: Provided, That this section shall not be

20 applicable to contract awards for which the lowest respon21 sive and responsible bid of a United States contractor ex22 ceeds the lowest responsive and responsible bid of a for23 eign contractor by greater than 20 percent: Provided fur24 ther, That this section shall not apply to contract awards

25 for military construction on Kwajalein Atoll for which the
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1 lowest responsive and responsible bid is submitted by a

2 Marshallese contractor.

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

4 appropriate committees of Congress, including the Com5 mittees on Appropriations, of the plans and scope of any

6 proposed military exercise involving United States per7 sonnel 30 days prior to its occurring, if amounts expended

8 for construction, either temporary or permanent, are an9 ticipated to exceed $100,000.

10 SEC. 114. Not more than 20 percent of the appro11 priations in Military Construction Appropriations Acts

12 which are limited for obligation during the current fiscal

13 year shall be obligated during the last 2 months of the

14 fiscal year.

15 (TRANSFER OF FUNDS)

16 SEC. 115. Funds appropriated to the Department of

17 Defense for construction in prior years shall be available

18 for construction authorized for each such military depart19 ment by the authorizations enacted into law during the

20 current session of Congress.

21 SEC. 116. For military construction or family housing

22 projects that are being completed with funds otherwise ex23 pired or lapsed for obligation, expired or lapsed funds may

24 be used to pay the cost of associated supervision, inspec25 tion, overhead, engineering and design on those projects

26 and on subsequent claims, if any.
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1 SEC. 117. Notwithstanding any other provision of

2 law, any funds appropriated to a military department or

3 defense agency for the construction of military projects

4 may be obligated for a military construction project or

5 contract, or for any portion of such a project or contract,

6 at any time before the end of the fourth fiscal year after

7 the fiscal year for which funds for such project were ap8 propriated if the funds obligated for such project: (1) are

9 obligated from funds available for military construction

10 projects; and (2) do not exceed the amount appropriated

11 for such project, plus any amount by which the cost of

12 such project is increased pursuant to law.

13 (TRANSFER OF FUNDS)

14 SEC. 118. During the 5-year period after appropria15 tions available to the Department of Defense for military

16 construction and family housing operation and mainte17 nance and construction have expired for obligation, upon

18 a determination that such appropriations will not be nec19 essary for the liquidation of obligations or for making au20 thorized adjustments to such appropriations for obliga21 tions incurred during the period of availability of such ap22 propriations, unobligated balances of such appropriations

23 may be transferred into the appropriation ‘‘Foreign Cur24 rency Fluctuations, Construction, Defense’’ to be merged

25 with and to be available for the same time period and for
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1 the same purposes as the appropriation to which trans2 ferred.

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

4 Committees on Appropriations of the Senate and the

5 House of Representatives with an annual report by Feb6 ruary 15, containing details of the specific actions pro7 posed to be taken by the Department of Defense during

8 the current fiscal year to encourage other member nations

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

10 and United States allies bordering the Arabian Gulf to as11 sume a greater share of the common defense burden of

12 such nations and the United States.

13 (TRANSFER OF FUNDS)

14 SEC. 120. During the current fiscal year, in addition

15 to any other transfer authority available to the Depart16 ment of Defense, proceeds deposited to the Department

17 of Defense Base Closure Account established by section

18 207(a)(1) of the Defense Authorization Amendments and

19 Base Closure and Realignment Act (Public Law 100–526)

20 pursuant to section 207(a)(2)(C) of such Act, may be

21 transferred to the account established by section

22 2906(a)(1) of the Department of Defense Authorization

23 Act, 1991, to be merged with, and to be available for the

24 same purposes and the same time period as that account.

25 SEC. 121. None of the funds appropriated or made

26 available by this Act may be obligated for Partnership for
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1 Peace Programs in the New Independent States of the

2 former Soviet Union.

3 SEC. 122. (a) Not later than 60 days before issuing

4 any solicitation for a contract with the private sector for

5 military family housing the Secretary of the military de6 partment concerned shall submit to the congressional de7 fense committees the notice described in subsection (b).

8 (b)(1) A notice referred to in subsection (a) is a no9 tice of any guarantee (including the making of mortgage

10 or rental payments) proposed to be made by the Secretary

11 to the private party under the contract involved in the

12 event of—

13 (A) the closure or realignment of the installa14 tion for which housing is provided under the con15 tract;

16 (B) a reduction in force of units stationed at

17 such installation; or

18 (C) the extended deployment overseas of units

19 stationed at such installation.

20 (2) Each notice under this subsection shall specify

21 the nature of the guarantee involved and assess the extent

22 and likelihood, if any, of the liability of the Federal Gov23 ernment with respect to the guarantee.

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

25 committees’’ means the following:
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1 (1) The Committee on Armed Services and the

2 Military Construction Subcommittee, Committee on

3 Appropriations of the Senate.

4 (2) The Committee on Armed Services and the

5 Military Construction Subcommittee, Committee on

6 Appropriations of the House of Representatives.

7 (TRANSFER OF FUNDS)

8 SEC. 123. During the current fiscal year, in addition

9 to any other transfer authority available to the Depart10 ment of Defense, amounts may be transferred from the

11 account established by section 2906(a)(1) of the Depart12 ment of Defense Authorization Act, 1991, to the fund es13 tablished by section 1013(d) of the Demonstration Cities

14 and Metropolitan Development Act of 1966 (42 U.S.C.

15 3374) to pay for expenses associated with the Home16 owners Assistance Program. Any amounts transferred

17 shall be merged with and be available for the same pur18 poses and for the same time period as the fund to which

19 transferred.

20 SEC. 124. Notwithstanding this or any other provi21 sion of law, funds appropriated in Military Construction

22 Appropriations Acts for operations and maintenance of

23 family housing shall be the exclusive source of funds for

24 repair and maintenance of all family housing units, includ25 ing flag and general officer quarters: Provided, That not

26 more than $25,000 per unit may be spent annually for
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1 the maintenance and repair of any general or flag officer

2 quarters without 30 days advance prior notification of the

3 appropriate committees of Congress: Provided further,

4 That beginning January 15, 2000 the Under Secretary of

5 Defense (Comptroller) is to report annually to the Com6 mittees on Appropriations all operations and maintenance

7 expenditures for each individual flag and general officer

8 quarters for the prior fiscal year.

9 SEC. 125. Of the funds provided in previous Military

10 Construction Appropriations Acts, amounts only associ11 ated with unobligated balances are hereby rescinded from

12 the following accounts in the specified amounts:

13 ‘‘Military Construction, Army’’, $3,369,000;

14 ‘‘Military Construction, Navy’’, $23,120,000;

15 ‘‘Military Construction, Air Force’’,

16 $4,669,000;

17 ‘‘Military Construction, Defense-Wide’’,

18 $17,819,000;

19 ‘‘Family Housing, Army’’, $1,627,000;

20 ‘‘Family Housing, Navy’’, $18,352,000; and

21 ‘‘Family Housing, Air Force’’, $4,551,000.

22 SEC. 126. During the current fiscal year, in addition

23 to any other transfer authority available to the Depart24 ment of Defense, funds appropriated in Public Law 106–

25 52 within the ‘‘Military Construction, Naval Reserve’’ ac-
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1 count may be transferred to the fund for ‘‘Military Con2 struction, Navy’’ account to be made available to con3 struct, under the authority of 10 U.S.C. 2805, an elevated

4 water storage tank at the Navy Air Station, Memphis,

5 Tennessee. Any amounts transferred shall be merged with

6 and be available for the same time period and for the same

7 purpose as the appropriation to which transferred.

8 SEC. 127. (a) The Secretary of the Army may accept

9 funds from the Federal Highway Administration, or the

10 State of Kentucky, and credit them to the appropriate De11 partment of the Army accounts for the purpose of funding

12 all costs associated with the realignment, requested by the

13 State of Kentucky, of the military construction project in14 volving a rail connector located at Fort Campbell, Ken15 tucky, authorized in section 2101(a) of the Military Con16 struction Authorization Act for Fiscal Year 1997 (Public

17 Law 104–201), 110 Stat. 2763.

18 (b) The Secretary may use the funds accepted for the

19 realignment, in addition to funds authorized and appro20 priated for the rail connector project, notwithstanding the

21 amount authorized in section 2101(a) of Public Law 104–

22 201. The funds accepted shall remain available until ex23 pended.

24 (c) The costs associated with the realignment of the

25 rail connector project include but are not limited to rede-
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1 sign costs, additional construction costs, additional costs

2 due to construction delays related to the realignment, and

3 additional real estate costs.

4 (d) The authority provided in this section shall be ef5 fective upon the date of enactment of this Act.

6 DIVISION 2

7 The following sums are appropriated, out of any

8 money in the Treasury not otherwise appropriated, for the

9 fiscal year ending September 30, 2000, and for other pur10 poses, namely:

11 TITLE I

12 COUNTERNARCOTICS

13 CHAPTER 1

14 DEPARTMENT OF DEFENSE—MILITARY

15 PROCUREMENT

16 AIRCRAFT PROCUREMENT, ARMY

17 For an additional amount for ‘‘Aircraft Procurement,

18 Army’’, $30,000,000, to remain available for obligation

19 until September 30, 2001: Provided, That the entire

20 amount is designated by the Congress as an emergency

21 requirement pursuant to section 251(b)(2)(A) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985,

23 as amended: Provided further, That the entire amount pro24 vided shall be available only to the extent an official budg25 et request that includes designation of the entire amount
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1 of the request as an emergency requirement as defined in

2 the Balanced Budget and Emergency Deficit Control Act

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

4 the Congress.

5 OTHER DEPARTMENT OF DEFENSE PROGRAMS

6 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

7 DEFENSE

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Drug Interdiction and

10 Counter-Drug Activities, Defense’’, $85,700,000, to re11 main available for obligation until expended: Provided,

12 That the entire amount is designated by the Congress as

13 an emergency requirement pursuant to section

14 251(b)(2)(A) of the Balanced Budget and Emergency

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

16 That the Secretary of Defense may transfer the funds pro17 vided herein only to appropriations for military personnel;

18 operation and maintenance; procurement; research, devel19 opment, test and evaluation; and working capital funds:

20 Provided further, That the funds transferred shall be

21 merged with and shall be available for the same purposes

22 and for the same time period, as the appropriation to

23 which transferred: Provided further, That the transfer au24 thority provided under this heading is in addition to any

25 other transfer authority available to the Department of
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1 Defense: Provided further, That no funds made available

2 under this heading may be obligated or expended for train3 ing, logistics support, planning or assistance contracts for

4 any overseas activity until 15 days after the Assistant Sec5 retary of Defense, Special Operations and Low-Intensity

6 Conflict reports to the congressional defense committees

7 on the value, duration and purpose of such contracts.

8 GENERAL PROVISIONS—THIS CHAPTER

9 Sec. 101. (a) AUTHORITY TO PROVIDE SUPPORT.—

10 Of the amount appropriated in this Act for the Depart11 ment of Defense, not to exceed $45,000,000 shall be avail12 able for the provision of support for counter-drug activities

13 of the Government of Colombia. The support provided

14 under this section shall be in addition to support provided

15 for counter-drug activities of the Government of Colombia

16 under any other provision of law: Provided further, That

17 no funds made available under this heading may be obli18 gated or expended for training, logistics support, planning

19 or assistance contracts for any overseas activity until 15

20 days after the Assistant Secretary of Defense, Special Op21 erations and Low-Intensity Conflict reports to the con22 gressional defense committees on the value, duration and

23 purpose of such contracts.

24 (b) TYPES OF SUPPORT.—The support that may be

25 provided using this section shall be limited to the types
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1 of support specified in section 1033(c)(1) of the National

2 Defense Authorization Act for Fiscal Year 1998 (Public

3 Law 105–85; 111 Stat. 1882).

4 (c) CONDITIONS ON PROVISION OF SUPPORT.—(1)

5 The Secretary of Defense may not obligate or expend

6 funds appropriated in this Act to provide support under

7 this section for counter-drug activities of the Government

8 of Colombia until the end of the 20-day period beginning

9 on the date on which the Secretary submits the written

10 certification for fiscal year 2000 pursuant to section

11 1033(f)(1) of the National Defense Authorization Act for

12 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1882).

13 (2) The elements of the written certification sub14 mitted for fiscal year 2000 described in section 1033(g)

15 of that Act shall apply to, and the written certification

16 shall address, the support provided under this section for

17 counter-drug activities of the Government of Colombia.

18 CHAPTER 2

19 MILITARY CONSTRUCTION, DEFENSE-WIDE

20 Notwithstanding any other provision of law, for an

21 additional amount for ‘‘Military Construction, Defense22 Wide,’’ $116,523,000, to remain available until September

23 30, 2004: Provided, That such amount is designated by

24 the Congress as an emergency requirement pursuant to

25 section 251(b)(2)(A) of the Balanced Budget and Emer-
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1 gency Deficit Control Act of 1985, as amended: Provided

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

3 the extent that an official budget request for

4 $116,523,000, that includes designation of the entire

5 amount of the request as an emergency requirement as

6 defined in the Balanced Budget and Emergency Deficit

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

8 President to the Congress.

9 GENERAL PROVISION—THIS CHAPTER

10 SEC. 201. (a) Not later than 60 days after the date

11 of enactment of this Act, the Secretary of Defense shall

12 submit to the congressional defense committees a report

13 on construction, security and operation of Forward Oper14 ating Locations (FOL) in Manta, Ecuador, Aruba and

15 Curac ̧ao.

16 (b) The report required by subsection (a) shall ad17 dress the following: (1) a schedule for making each For18 ward Operating Location (FOL) fully operational, includ19 ing cost estimates, time line of contracting and construc20 tion with completion dates, a description of the potential

21 capabilities for each proposed location and an explanation

22 of how the FOL architecture fits into the overall counter23 drug strategy; (2) a plan that identifies the operating re24 quirements at FOL for the United States Coast Guard,

25 United States Customs Service, Drug Enforcement Ad-
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1 ministration, Intelligence community and the Department

2 of Defense and how these requirements will be addressed;

3 (3) a security plan to ensure that FOL facilities and per4 sonnel working at these sites are safeguarded from outside

5 threats; and (4) a safety plan to ensure operations con6 ducted at FOLs are in accordance with standard operating

7 procedures.

8 (c) Funds made available under this Act may not be

9 provided unless all reporting requirements in subsection

10 (b) have been met.

11 CHAPTER 3

12 DEPARTMENT OF TRANSPORTATION

13 COAST GUARD

14 OPERATING EXPENSES

15 For an additional amount for ‘‘Operating Expenses’’,

16 $262,446,000 to remain available until September 30,

17 2001: Provided, That $5,000,000 shall be available for the

18 4.8 percent increase in military basic pay: Provided fur19 ther, That $18,000,000 shall be available for costs related

20 to the delivery of health care to Coast Guard personnel,

21 retirees, and their dependents: Provided further, That

22 $15,000,000 shall be available for Basic Allowance for

23 Housing: Provided further, That $2,000,000 shall be avail24 able for the Military Housing Areas cost of living adjust25 ment: Provided further, That $15,000,000 shall be avail-
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1 able for recruiting and retention bonuses: Provided further,

2 That $1,000,000 shall be available for fixed wing aviator

3 retention bonuses: Provided further, That $8,000,000 shall

4 be available for advertising and other costs related to re5 cruiting: Provided further, That $64,446,000 shall be

6 available for aviation spare parts and maintenance: Pro7 vided further, That $15,000,000 shall be available for

8 shore facility maintenance: Provided further, That

9 $22,000,000 shall be available for electronic equipment re10 pair and replacement: Provided further, That $22,000,000

11 shall be available for vessel spare parts and maintenance:

12 Provided further, That $46,000,000 shall be available for

13 operational fuel: Provided further, That $29,000,000 shall

14 be available for programmed flight hours: Provided fur15 ther, That priority for use of these funds should be for

16 enhancing drug interdiction activities, but shall not re17 quire the Coast Guard to close stations and utilize remain18 ing assets only for emergency situations; reduce the num19 ber of personnel of an already streamlined workforce; cur20 tail Coast Guard capacity to carry out emergency search

21 and rescue; or reduce operations in a manner that would

22 have a detrimental impact on the sustainability of valuable

23 fish stocks in the North Atlantic and Pacific Northwest

24 and the Coast Guard’s capacity to stem the flow of illegal

25 migration: Provided further, That the entire amount is
26

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1 designated by the Congress as an emergency requirement

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

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

4 Provided further, That these funds shall be available only

5 to the extent an official budget request for a specific dollar

6 amount, that includes designation of the entire amount as

7 an emergency requirement as defined in the Balanced

8 Budget and Emergency Deficit Control Act of 1985, as

9 amended, and is transmitted by the President to the Con10 gress.

11 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

12 For an additional amount for acquisition, construc13 tion, renovation, and improvement of facilities and equip14 ment, to be available for expansion of Coast Guard drug

15 interdiction activities, $74,859,000, to remain available

16 until expended and to be distributed as follows:

17 Acquisition and construction of vessels author18 ized under section 812(b) of the Western Hemi19 sphere Drug Elimination Act, $32,000,000;

20 Acquisition of electronic sensors for Coast

21 Guard cutters and boats, including electro-optical/in22 frared (EO/IR) systems as authorized under section

23 812(b) of the Western Hemisphere Drug Elimi24 nation Act, $12,000,000;

25 Acquisition of commercial satellite communica26 tions upgrade, $5,459,000;
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1 Acquisition of five over-the-horizon cutter boats,

2 $7,500,000;

3 Acquisition and installation of C–130 night vi4 sion equipment, $10,000,000;

5 Acquisition of replacement forward looking in6 frared (FLIR) systems for H–60 aircraft,

7 $7,900,000:

8 Provided, That the entire amount is designated by the

9 Congress as an emergency requirement pursuant to sec10 tion 251(b)(2)(A) of the Balanced Budget and Emergency

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

12 That the entire amount shall be available only to the ex13 tent that an official budget request for a specific dollar

14 amount, that includes designation of the entire amount of

15 the request as an emergency requirement as defined in

16 the Balanced Budget and Emergency Deficit Control Act

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

18 the Congress.

19 RESERVE TRAINING

20 For an additional amount for operating, mainte21 nance, and training expenses of the Coast Guard Reserve,

22 including supplies, equipment and services, $3,750,000:

23 Provided, That none of these funds may be transferred

24 to Coast Guard ‘‘Operating expenses’’ or otherwise made

25 available to reimburse the Coast Guard for financial sup26 port of the Coast Guard Reserves: Provided further, That
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1 priority for use of these funds should be for enhancing

2 drug interdiction activities conducted by the Coast Guard

3 Reserves, but shall not require the Coast Guard to close

4 stations and utilize remaining assets only for emergency

5 situations; reduce the number of personnel of an already

6 streamlined workforce; curtail Coast Guard capacity to

7 carry out emergency search and rescue; or reduce oper8 ations in a manner that would have a detrimental impact

9 on the sustainability of valuable fish stocks in the North

10 Atlantic and Pacific Northwest and the Coast Guard’s ca11 pacity to stem the flow of illegal migration: Provided fur12 ther, That the entire amount is designated by the Congress

13 as an emergency requirement pursuant to section

14 251(b)(2)(A) of the Balanced Budget and Emergency

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

16 That the entire amount shall be available only to the ex17 tent that an official budget request for a specific dollar

18 amount, that includes designation of the entire amount of

19 the request as an emergency requirement as defined in

20 the Balanced Budget and Emergency Deficit Control Act

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

22 the Congress.
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1 TITLE II

2 PEACEKEEPING OPERATIONS IN KOSOVO AND

3 OTHER NATIONAL SECURITY MATTERS

4 CHAPTER 1

5 DEPARTMENT OF DEFENSE—MILITARY

6 OPERATION AND MAINTENANCE

7 OPERATION AND MAINTENANCE, ARMY

8 For an additional amount for ‘‘Operation and Main9 tenance, Army’’, $23,883,000: Provided, That the entire

10 amount is designated by the Congress as an emergency

11 requirement pursuant to section 251(b)(2)(A) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985,

13 as amended.

14 OPERATION AND MAINTENANCE, NAVY

15 For an additional amount for ‘‘Operation and Main16 tenance, Navy’’, $20,565,000: Provided, That the entire

17 amount is designated by the Congress as an emergency

18 requirement pursuant to section 251(b)(2)(A) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985,

20 as amended.

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 For an additional amount for ‘‘Operation and Main23 tenance, Marine Corps’’, $37,155,000: Provided, That the

24 entire amount is designated by the Congress as an emer25 gency requirement pursuant to section 251(b)(2)(A) of the
30

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1 Balanced Budget and Emergency Deficit Control Act of

2 1985, as amended.

3 OPERATION AND MAINTENANCE, AIR FORCE

4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force’’, $38,065,000: Provided, That the en6 tire amount is designated by the Congress as an emer7 gency requirement pursuant to section 251(b)(2)(A) of the

8 Balanced Budget and Emergency Deficit Control Act of

9 1985, as amended: Provided further, That of the funds ap10 propriated under this heading, $8,000,000 shall be made

11 available only for use in federally owned educational facili12 ties located on military installations for the purpose of

13 transferring title of such facilities to the local educational

14 authorities.

15 OPERATION AND MAINTENANCE, DEFENSE-WIDE

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses to provide assistance to

18 Vieques, Puerto Rico, $40,000,000, to remain available

19 until September 30, 2003: Provided, That such funds shall

20 be in addition to amounts otherwise available for such pur21 poses: Provided further, That the Secretary of Defense

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

23 States Government in order to implement the projects for

24 which funds are provided under this heading thirty days

25 after the Director of the Office of Management and Budg-
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1 et notifies the House and Senate Committees on Appro2 priations of each proposed transfer: Provided further, that

3 each notification transmitted to the Committees shall

4 identify the specific amount, recipient agency and purpose

5 for which such transfer is proposed: Provided further, That

6 appropriations made available under this heading may be

7 transferred and obligated for the following purposes: a

8 study of the health of Vieques residents; fire-fighting re9 lated equipment and facilities at Antonio Rivera Rodriguez

10 Airport; construction or refurbishment of a commercial

11 ferry pier and terminal and associated navigational im12 provements; establishment and construction of an artificial

13 reef; reef conservation, restoration, and management ac14 tivities; payments to registered Vieques commercial fisher15 men of an amount determined by the National Marine

16 Fisheries Service for each day they are unable to use exist17 ing waters because the Navy is conducting training; ex18 pansion and improvement of major cross-island roadways

19 and bridges; an apprenticeship/training program for young

20 adults; preservation and protection of natural resources;

21 an economic development office and economic development

22 activities; and conducting a referendum among the resi23 dents of Vieques regarding further use of the island for

24 military training programs: Provided further, That for

25 purposes of providing assistance to Vieques, any agency
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1 or office of the United States Government to which these

2 funds are transferred may utilize, in addition to any au3 thorities available in this paragraph, any authorities avail4 able to that agency or office for carrying out related activi5 ties, including utilization of such funds for administrative

6 expenses: Provided further, That any amounts transferred

7 to the Department of Housing and Urban Development,

8 ‘‘Community development block grants’’, shall be available

9 only for assistance to Vieques, notwithstanding section

10 106 of the Housing and Community Development Act of

11 1974: Provided further, That the Department of Com12 merce may make direct payments to registered Vieques

13 commercial fishermen: Provided further, That the Depart14 ment of the Navy may provide fire-fighting training and

15 funds provided in this paragraph may be used to provide

16 fire-fighting related facilities at the Antonio Rivera

17 Rodriguez Airport: Provided further, That funds made

18 available under this heading may be transferred to the

19 Army Corps of Engineers to construct or modify a com20 mercial ferry pier and terminal and associated naviga21 tional improvements: Provided further, That except for

22 amounts provided for the health study, fire-fighting re23 lated equipment and facilities, and certain activities in fur24 therance of the preservation and protection of natural re25 sources, funds provided in this paragraph shall not become
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1 available until thirty days after the Secretary of the Navy

2 has certified to the congressional defense committees that

3 the integrity and accessibility of the training range is un4 interrupted, and trespassing and other intrusions on the

5 range have ceased: Provided further, That the Secretary

6 of the Navy shall recertify to the congressional defense

7 committees the status of the range ninety days after the

8 initial certification, and each ninety days thereafter: Pro9 vided further, That the entire amount is designated by the

10 Congress as an emergency requirement pursuant to sec11 tion 251(b)(2)(A) of the Balanced Budget and Emergency

12 Deficit Control Act of 1985, as amended.

13 OPERATION AND MAINTENANCE, ARMY RESERVE

14 For an additional amount for ‘‘Operation and Main15 tenance, Army Reserve’’, $2,174,000: Provided, That the

16 entire amount is designated by the Congress as an emer17 gency requirement pursuant to section 251(b)(2)(A) of the

18 Balanced Budget and Emergency Deficit Control Act of

19 1985, as amended.

20 OPERATION AND MAINTENANCE, ARMY NATIONAL

21 GUARD

22 For an additional amount for ‘‘Operation and Main23 tenance, Army National Guard’’, $2,851,000: Provided,

24 That the entire amount is designated by the Congress as

25 an emergency requirement pursuant to section
34

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1 251(b)(2)(A) of the Balanced Budget and Emergency

2 Deficit Control Act of 1985, as amended.

3 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for the ‘‘Overseas Contin6 gency Operations Transfer Fund’’, $1,850,400,000, to re7 main available until expended: Provided, That the entire

8 amount is designated by the Congress as an emergency

9 requirement pursuant to section 251(b)(2)(A) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985,

11 as amended: Provided further, That the Secretary of De12 fense may transfer the funds provided herein only to ap13 propriations for military personnel; operation and mainte14 nance, including Overseas Humanitarian, Disaster, and

15 Civic Aid; procurement; research, development, test and

16 evaluation; the Defense Health Program; and working

17 capital funds: Provided further, That the funds transferred

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

19 purposes and for the same time period, as the appropria20 tion to which transferred: Provided further, That the

21 transfer authority provided in this paragraph is in addi22 tion to any other transfer authority available to the De23 partment of Defense: Provided further, That upon a deter24 mination that all or part of the funds transferred from

25 this appropriation are not necessary for the purposes pro-
35

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1 vided herein, such amounts may be transferred back to

2 this appropriation: Provided further, That none of the

3 funds made available under this heading may be obligated

4 or expended until 30 days after the Secretary of Defense

5 submits budget exhibits OP–5, and OP–32, as defined in

6 the Department of Defense Financial Management Regu7 lation, for the Overseas Contingency Operations Transfer

8 Fund for Fiscal Years 2000 and 2001.

9 PROCUREMENT

10 AIRCRAFT PROCUREMENT, AIR FORCE

11 For an additional amount for ‘‘Aircraft Procurement,

12 Air Force’’, $73,000,000, to remain available for obliga13 tion until September 30, 2001: Provided, That the entire

14 amount is designated by the Congress as an emergency

15 requirement pursuant to section 251(b)(2)(A) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985,

17 as amended.

18 OTHER DEPARTMENT OF DEFENSE PROGRAMS

19 DEFENSE HEALTH PROGRAM

20 For an additional amount for ‘‘Defense Health Pro21 gram’’, $3,533,000: Provided, That the entire amount is

22 designated by the Congress as an emergency requirement

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

24 and Emergency Deficit Control Act of 1985, as amended.
36

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1 GENERAL PROVISIONS—THIS CHAPTER

2 SEC. 2101. (a) MINIMUM RATES OF BASIC ALLOW3 ANCE FOR HOUSING FOR MEMBERS OF THE UNIFORMED

4 SERVICES.—During the period beginning on January 1,

5 2000, and ending on September 30, 2001 (or such earlier

6 date as the Secretary of Defense considers appropriate),

7 a member of the uniformed services entitled to a basic al8 lowance for housing for a military housing area in the

9 United States shall be paid the allowance at a monthly

10 rate not less than the rate in effect on December 31, 1999,

11 in that area for members serving in the same pay grade

12 and with the same dependency status as the member.

13 (b) ANNUAL LIMITATION ON ALLOWANCE.—In light

14 of the rates for the basic allowance for housing authorized

15 by subsection (a), the Secretary of Defense may exceed

16 the limitation on the total amount paid during fiscal year

17 2000 and 2001 for the basic allowance for housing in the

18 United States otherwise applicable under section

19 403(b)(3) of title 37, United States Code.

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 2102. In addition to amounts appropriated or

22 otherwise made available elsewhere in this Act for the De23 partment of Defense or in the Department of Defense Ap24 propriations Act, 2000 (Public Law 106–79),

25 $964,300,000 is hereby appropriated to the Department

26 of Defense for the ‘‘Defense-Wide Working Capital Fund’’
37

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1 and shall remain available until expended, for price in2 creases resulting from worldwide increases in the price of

3 petroleum: Provided, That the Secretary of Defense shall

4 transfer any excess collections from the ‘‘Defense-Wide

5 Working Capital Fund’’ not later than September 30,

6 2001 to the operation and maintenance; research, develop7 ment, test and evaluation; and working capital funds: Pro8 vided further, That the transfer authority provided in this

9 section is in addition to the transfer authority provided

10 to the Department of Defense in this Act or any other

11 Act: Provided further, That the entire amount made avail12 able in this section is designated by the Congress as an

13 emergency requirement pursuant to section 251(b)(2)(A)

14 of the Balanced Budget and Emergency Deficit Control

15 Act of 1985, as amended.

16 SEC. 2103. In addition to the amounts provided in

17 the Department of Defense Appropriations Act, 2000

18 (Public Law 106–79), $695,900,000 is hereby appro19 priated for ‘‘Defense Health Program’’, to remain avail20 able for obligation until September 30, 2001: Provided,

21 That the entire amount is designated by the Congress as

22 an emergency requirement pursuant to section

23 251(b)(2)(A) of the Balanced Budget and Emergency

24 Deficit Control Act of 1985, as amended.
38

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1 SEC. 2104. To ensure the availability of biometrics

2 technologies in the Department of Defense, the Secretary

3 of the Army shall be the Executive Agent to lead, consoli4 date, and coordinate all biometrics information assurance

5 programs of the Department of Defense: Provided, That

6 there is hereby appropriated for fiscal year 2000, in addi7 tion to other amounts appropriated for such fiscal year

8 by other provisions of this Act, $5,000,000 for Operation

9 and Maintenance, Army, for carrying out the biometrics

10 assurance programs and for continuing the biometrics in11 formation assurance programs of the Information System

12 Security Program: Provided further, That there is hereby

13 appropriated for fiscal year 2000, in addition to other

14 amounts appropriated for such fiscal year by other provi15 sions of this Act, $1,000,000 for Operation and Mainte16 nance, Navy, and $1,000,000 for Operation and Mainte17 nance, Air Force, for carrying out the biometrics assur18 ance programs with the Army, as Executive Agent, to

19 lead, consolidate, and coordinate such programs: Provided

20 further, That the total amount made available under this

21 section is designated by the Congress as an emergency re22 quirement pursuant to section 251(b)(2)(A) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985,

24 as amended: Provided further, That the entire amount

25 shall be available only to the extent that an official budget
39

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1 request that includes designation of the entire amount of

2 the request as an emergency requirement as defined by

3 the Balanced Budget and Emergency Deficit Control Act

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

5 the Congress.

6 SEC. 2105. In addition to amounts appropriated or

7 otherwise made available for the Department of Defense

8 elsewhere in this Act or in the Department of Defense Ap9 propriations Act, 2000 (Public Law 106–79),

10 $125,000,000 is hereby appropriated to the Department

11 of Defense to remain available until September 30, 2002,

12 to be available only for the Patriot missile program: Pro13 vided, That not later than 30 days after the enactment

14 of this Act the Department shall submit a revised Patriot

15 missile program plan to the congressional defense commit16 tees: Provided further, That the entire amount made avail17 able in this section is designated by the Congress as an

18 emergency requirement pursuant to section 251(b)(2)(A)

19 of the Balanced Budget and Emergency Deficit Control

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

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

22 budget request that includes designation of the entire

23 amount of the request as an emergency requirement as

24 defined by the Balanced Budget and Emergency Deficit
40

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

2 President to the Congress.

3 SEC. 2106. In addition to amounts provided else4 where in this Act for the Department of Defense,

5 $300,000 is hereby appropriated to be available only for

6 Operation Walking Shield for technical assistance and

7 transportation of excess housing to Indian tribes located

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

9 and Minnesota, in accordance with section 8155 of Public

10 Law 106–79: Provided, That the total amount made avail11 able under this section is designated by the Congress as

12 an emergency requirement pursuant to section

13 251(b)(2)(A) of the Balanced Budget and Emergency

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

15 That the entire amount shall be available only to the ex16 tent that an official budget request that includes designa17 tion of the entire amount as an emergency requirement

18 as defined in the Balanced Budget and Emergency Deficit

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

20 President to the Congress.

21 SEC. 2107. In addition to amounts appropriated or

22 otherwise made available for the Department of Defense

23 elsewhere in this Act or in the Department of Defense Ap24 propriations Act, 2000 (Public Law 106–79), there is

25 hereby appropriated to the Department of Defense, for the
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1 cost of peacekeeping and humanitarian assistance oper2 ations in East Timor and Mozambique, $61,500,000, to

3 be distributed as follows:

4 ‘‘Operation and Maintenance, Navy’’,

5 $6,400,000;

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

7 $8,100,000; and

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

9 $47,000,000:

10 Provided, That the entire amount is designated by the

11 Congress as an emergency requirement pursuant to sec12 tion 251(b)(2)(A) of the Balanced Budget and Emergency

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

14 That the entire amount shall be available only to the ex15 tent that an official budget request for a specific dollar

16 amount, that includes designation of the entire amount of

17 the request as an emergency requirement as defined in

18 the Balanced Budget and Emergency Deficit Control Act

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

20 the Congress.

21 SEC. 2108. (a) TRANSFER OF FUNDS.—Notwith22 standing any other provision of law, of the funds appro23 priated by title II of the Department of Defense Appro24 priations Act, 2000 (Public Law 106–79) under the head25 ing ‘‘Operation and Maintenance, Defense-Wide’’,
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1 $9,642,000 shall be transferred to the Macalloy Special

2 Account administered by the Administrator of the Envi3 ronmental Protection Agency to pay for response actions

4 by, or on behalf of, the Environmental Protection Agency

5 under the Comprehensive Environmental Response, Com6 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

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

8 (b) TREATMENT OF FUNDS.—Any of the funds

9 transferred pursuant to subsection (a) that are used to

10 pay for response actions at the Macalloy site shall be cred11 ited against any liability of the United States with respect

12 to the site under the Comprehensive Environmental Re13 sponse, Compensation, and Liability Act of 1980.

14 SEC. 2109. (a) All funds appropriated by this or any

15 other Act for LHD–8 shall be made available for obliga16 tion no later than 15 days after the date of enactment

17 of this Act.

18 (b) Of the funds made available by subsection (a)

19 above not less than $263,000,000 shall be obligated for

20 design, advanced procurement, and advanced construction

21 of components for LHD–8 by the shipbuilder not more

22 than 60 days from the date of enactment of this Act. Such

23 other funds required for Government furnished equipment

24 and program management shall be obligated concurrently.
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1 SEC. 2110. Notwithstanding any other provision of

2 law, there is appropriated to the Department of Defense

3 $8,000,000 for communications, communications infra4 structure, logistical support, resources and operational as5 sistance required by the Salt Lake Organizing Committee

6 to stage the 2002 Olympic and Paralympic Winter Games,

7 such sums to remain available until expended: Provided,

8 That the entire amount shall be available only to the ex9 tent an official budget request is submitted that includes

10 designation of the entire amount of the request as an

11 emergency requirement as defined by the Balanced Budg12 et and Emergency Deficit Control Act of 1985, as amend13 ed, is transmitted by the President to the Congress: Pro14 vided further, That the entire amount is designated by the

15 Congress as an emergency requirement pursuant to sec16 tion 251(b)(2)(A) of the Balanced Budget and Emergency

17 Deficit Control Act of 1985, as amended.

18 SEC. 2111. The Ballistic Missile Defense Organiza19 tion and its subordinate offices and associated contractors,

20 including the Lead Systems Integrator, shall notify the

21 congressional defense committees 30 days prior to issuing

22 any type of information or proposal solicitation under the

23 NMD Program.
44

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1 CHAPTER 2

2 DEPARTMENT OF ENERGY

3 ATOMIC ENERGY DEFENSE ACTIVITIES

4 WEAPONS ACTIVITIES

5 For an additional amount for ‘‘Weapons activities’’,

6 $136,000,000, to remain available until expended: Pro7 vided, That the entire amount is designated by the Con8 gress as an emergency requirement pursuant to section

9 251(b)(2)(A) of the Balanced Budget and Emergency

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

11 That the entire amount shall be available only to the ex12 tent an official budget request for $136,000,000 that in13 cludes designation of the entire amount of the request as

14 an emergency requirement as defined in the Balanced

15 Budget and Emergency Deficit Control Act of 1985, as

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

17 OTHER DEFENSE ACTIVITIES

18 For an additional amount for ‘‘Other defense activi19 ties’’, $12,000,000, to remain available until expended:

20 Provided, That the entire amount is designated by the

21 Congress as an emergency requirement pursuant to sec22 tion 251(b)(2)(A) of the Balanced Budget and Emergency

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

24 That the entire amount shall be available only to the ex25 tent an official budget request for $12,000,000 that in-
45

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1 cludes designation of the entire amount of the request as

2 an emergency requirement as defined in the Balanced

3 Budget and Emergency Deficit Control Act of 1985, as

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

5 CHAPTER 3

6 MILITARY CONSTRUCTION, DEFENSE-WIDE

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Military Construction,

9 Defense-Wide’’, $1,000,000, as authorized by section

10 2854 of title 10, United States Code, to remain available

11 until September 30, 2004: Provided, That such amount

12 is designated by the Congress as an emergency require13 ment pursuant to section 251(b)(2)(A) of the Balanced

14 Budget and Emergency Deficit Control Act of 1985, as

15 amended: Provided further, That the entire amount shall

16 be available only to the extent an official budget request

17 for $1,000,000 that includes designation of the entire

18 amount of the request as an emergency requirement as

19 defined in the Balanced Budget and Emergency Deficit

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

21 President to the Congress.

22 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

23 For an additional amount for ‘‘Military Construction,

24 Army National Guard’’ to cover the incremental costs aris25 ing from the consequences of Hurricane Georges,
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1 $9,145,000 as authorized by section 2854 of title 10,

2 United States Code, to remain available until September

3 30, 2004: Provided, That such amount is designated by

4 the Congress as an emergency requirement pursuant to

5 section 251(b)(2)(A) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985, as amended: Provided

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

8 the extent that an official budget request for $9,145,000,

9 that includes designation of the entire amount of the re10 quest as an emergency requirement as defined in the Bal11 anced Budget and Emergency Deficit Control Act of 1985,

12 as amended, is transmitted by the President to the Con13 gress.

14 MILITARY CONSTRUCTION, ARMY RESERVE

15 For an additional amount for ‘‘Military Construction,

16 Army Reserve’’ to cover the incremental costs arising from

17 the consequences of Hurricane Floyd, $12,348,000, as au18 thorized by section 2854 of title 10, United States Code,

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

20 That such amount is designated by the Congress as an

21 emergency requirement pursuant to section 251(b)(2)(A)

22 of the Balanced Budget and Emergency Deficit Control

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

24 amount shall be available only to the extent an official

25 budget request for $12,348,000 that includes designation
47

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1 of the entire amount of the request as an emergency re2 quirement as defined in the Balanced Budget and Emer3 gency Deficit Control Act of 1985, as amended, is trans4 mitted by the President to the Congress.

5 GENERAL PROVISIONS—THIS CHAPTER

6 SEC. 2301. In addition to amounts appropriated or

7 otherwise made available in the Military Construction Ap8 propriations Act, 2000, $4,700,000 is hereby appropriated

9 to the Department of Defense, to cover incremental Oper10 ation and Maintenance costs to family housing, as author11 ized by section 2854 of title 10, United States Code, as

12 follows:

13 ‘‘Family Housing, Navy and Marine Corps’’,

14 $3,000,000; and

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

16 Provided, That the entire amount is designated by the

17 Congress as an emergency requirement pursuant to sec18 tion 251(b)(2)(A) of the Balanced Budget and Emergency

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

20 That the entire amount shall be available only to the ex21 tent that an official budget request for $4,700,000, that

22 includes designation of the entire amount of the request

23 as an emergency requirement as defined in the Balanced

24 Budget and Emergency Deficit Control Act of 1985, as

25 amended, is transmitted by the President to the Congress.
48

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1 SEC. 2302. Notwithstanding any other provision of

2 law, the Secretary of the Navy is authorized to use funds

3 received pursuant to section 2601 of Title 10, United

4 States Code, for the construction, improvement, repair,

5 and maintenance of the historic residences located at Ma6 rine Corps Barracks, Washington, D.C.: Provided, That

7 the Secretary notifies the appropriate committees of Con8 gress thirty days in advance of the intended use of such

9 funds.

10 BROOKS AIR FORCE BASE DEVELOPMENT

11 DEMONSTRATION PROJECT

12 SEC. 2303. (a) PURPOSE.—The purpose of this sec13 tion is to evaluate and demonstrate methods for more effi14 cient operation of military installations through improved

15 capital asset management and greater reliance on the pub16 lic or private sector for less-costly base support services,

17 where available. The section supersedes, and shall be used

18 in lieu of the authority provided in, section 8168 of the

19 Department of Defense Appropriations Act, 2000 (Public

20 Law 106–79; 113 Stat. 1277).

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

22 Secretary of the Air Force may carry out at Brooks Air

23 Force Base, Texas, a demonstration project to be known

24 as the ‘‘Base Efficiency Project’’ to improve mission effec25 tiveness and reduce the cost of providing quality installa26 tion support at Brooks Air Force Base.
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1 (2) The Secretary may carry out the Project in con2 sultation with the Community to the extent the Secretary

3 determines such consultation is necessary and appro4 priate.

5 (3) The authority provided in this section is in addi6 tion to any other authority vested in or delegated to the

7 Secretary, and the Secretary may exercise any authority

8 or combination of authorities provided under this section

9 or elsewhere to carry out the purposes of the Project.

10 (4) The Secretary may not exercise any authority

11 under this section until after the end of the 30-day period

12 beginning on the date the Secretary submits to the appro13 priate committees of the Congress a master plan for the

14 development of the Base.

15 (c) EFFICIENT PRACTICES.—(1) The Secretary may

16 convert services at or for the benefit of the Base from ac17 complishment by military personnel or by Departmental

18 civilian employees (appropriated fund or non-appropriated

19 fund), to services performed by contract or provided as

20 consideration for the lease, sale, or other conveyance or

21 transfer of property.

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

23 States Code, a contract for services may be awarded based

24 on ‘‘best value’’ if the Secretary determines that the award

25 will advance the purposes of a joint activity conducted
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1 under the project and is in the best interest of the Depart2 ment.

3 (3) Notwithstanding that such services are generally

4 funded by local and State taxes and provided without spe5 cific charge to the public at large, the Secretary may con6 tract for public services at or for the benefit of the Base

7 in exchange for such consideration, if any, the Secretary

8 determines to be appropriate.

9 (4)(A) The Secretary may conduct joint activities

10 with the Community, the State, and any private parties

11 or entities on or for the benefit of the Base.

12 (B) Payments or reimbursements received from par13 ticipants for their share of direct and indirect costs of joint

14 activities, including the costs of providing, operating, and

15 maintaining facilities, shall be in an amount and type de16 termined to be adequate and appropriate by the Secretary.

17 (C) Such payments or reimbursements received by

18 the Department shall be deposited into the Project Fund.

19 (d) LEASE AUTHORITY.—(1) The Secretary may

20 lease real or personal property located on the Base and

21 not required at other Air Force installations to any lessee

22 upon such terms and conditions as the Secretary considers

23 appropriate and in the interest of the United States, if

24 the Secretary determines that the lease would facilitate

25 the purposes of the Project.
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1 (2) Consideration for a lease under this subsection

2 shall be determined in accordance with subsection (g).

3 (3) A lease under this subsection—

4 (A) may be for such period as the Secretary de5 termines is necessary to accomplish the goals of the

6 Project; and

7 (B) may give the lessee the first right to pur8 chase the property at fair market value if the lease

9 is terminated to allow the United States to sell the

10 property under any other provision of law.

11 (4)(A) The interest of a lessee of property leased

12 under this subsection may be taxed by the State or the

13 Community.

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

15 if and to the extent that the leased property is later made

16 taxable by State governments or local governments under

17 Federal law, the lease shall be renegotiated.

18 (5) The Department may furnish a lessee with utili19 ties, custodial services, and other base operation, mainte20 nance, or support services performed by Department civil21 ian or contract employees, in exchange for such consider22 ation, payment, or reimbursement as the Secretary deter23 mines appropriate.

24 (6) All amounts received from leases under this sub25 section shall be deposited into the Project Fund.
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1 (7) A lease under this subsection shall not be subject

2 to the following provisions of law:

3 (A) Section 2667 of title 10, United States

4 Code, other than subsection (b)(1) of that section.

5 (B) Section 321 of the Act of June 30, 1932

6 (40 U.S.C. 303b).

7 (C) The Federal Property and Administrative

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

9 (e) PROPERTY DISPOSAL.—(1) The Secretary may

10 sell or otherwise convey or transfer real and personal prop11 erty located at the Base to the Community or to another

12 public or private party during the Project, upon such

13 terms and conditions as the Secretary considers appro14 priate for purposes of the Project.

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

16 transfer of property under this subsection shall be deter17 mined in accordance with subsection (g).

18 (3) The sale or other conveyance or transfer of prop19 erty under this subsection shall not be subject to the fol20 lowing provisions of law:

21 (A) Section 2693 of title 10, United States

22 Code.

23 (B) The Federal Property and Administrative

24 Services Act of 1949 (40 U.S.C. 471 et seq.).
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1 (4) Cash payments received as consideration for the

2 sale or other conveyance or transfer of property under this

3 subsection shall be deposited into the Project Fund.

4 (f) LEASEBACK OF PROPERTY LEASED OR DIS5 POSED.—(1) The Secretary may lease, sell, or otherwise

6 convey or transfer real property at the Base under sub7 sections (b) and (e), as applicable, which will be retained

8 for use by the Department or by another military depart9 ment or other Federal agency, if the lessee, purchaser, or

10 other grantee or transferee of the property agrees to enter

11 into a leaseback to the Department in connection with the

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

13 portions or all of the property leased, sold, or otherwise

14 conveyed or transferred, as applicable.

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

16 shall be an operating lease for no more than 20 years un17 less the Secretary of the Air Force determines that a

18 longer term is appropriate.

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

20 under a leaseback entered into under this subsection shall

21 be in such form and amount as the Secretary considers

22 appropriate.

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

24 or other funds appropriated or otherwise available to the
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1 Department for use at the Base for payment of any such

2 cash rent.

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

4 Department or other military department or other Federal

5 agency using the real property leased under a leaseback

6 entered into under this subsection may construct and erect

7 facilities on or otherwise improve the leased property using

8 funds appropriated or otherwise available to the Depart9 ment or other military department or other Federal agen10 cy for such purpose.

11 (g) CONSIDERATION.—(1) The Secretary shall deter12 mine the nature, value, and adequacy of consideration re13 quired or offered in exchange for a lease, sale, or other

14 conveyance or transfer of real or personal property or for

15 other actions taken under the Project.

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

17 combination thereof. In-kind consideration may include

18 the following:

19 (A) Real property.

20 (B) Personal property.

21 (C) Goods or services, including operation,

22 maintenance, protection, repair, or restoration (in23 cluding environmental restoration) of any property

24 or facilities (including non-appropriated fund facili25 ties).
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1 (D) Base operating support services.

2 (E) Improvement of Department facilities.

3 (F) Provision of facilities, including office, stor4 age, or other usable space, for use by the Depart5 ment on or off the Base.

6 (G) Public services.

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

8 market value.

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

10 books of the Treasury a fund to be known as the ‘‘Base

11 Efficiency Project Fund’’ into which all cash rents, pro12 ceeds, payments, reimbursements, and other amounts

13 from leases, sales, or other conveyances or transfers, joint

14 activities, and all other actions taken under the Project

15 shall be deposited. Subject to paragraph (2), amounts de16 posited into the Project Fund shall be available without

17 fiscal year limitation.

18 (2) To the extent provided in advance in appropria19 tions Acts, amounts in the Project Fund shall be available

20 to the Secretary for use at the base only for operation,

21 base operating support services, maintenance, repair, or

22 improvement of Department facilities, payment of consid23 eration for acquisitions of interests in real property (in24 cluding payment of rentals for leasebacks), and environ25 mental protection or restoration. The use of such amounts
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1 may be in addition to or in combination with other

2 amounts appropriated for these purposes.

3 (3) Subject to generally prescribed financial manage4 ment regulations, the Secretary shall establish the struc5 ture of the Project Fund and such administrative policies

6 and procedures as the Secretary considers necessary to ac7 count for and control deposits into and disbursements

8 from the Project Fund effectively.

9 (i) FEDERAL AGENCIES.—(1)(A) Any Federal agen10 cy, its contractors, or its grantees shall pay rent, in cash

11 or services, for the use of facilities or property at the Base,

12 in an amount and type determined to be adequate by the

13 Secretary.

14 (B) Such rent shall generally be the fair market rent15 al of the property provided, but in any case shall be suffi16 cient to compensate the Base for the direct and overhead

17 costs incurred by the Base due to the presence of the ten18 ant agency on the Base.

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

20 to other Federal agencies shall be at fair market value

21 consideration. Such consideration may be paid in cash, by

22 appropriation transfer, or in property, goods, or services.

23 (3) Amounts received from other Federal agencies,

24 their contractors, or grantees, including any amounts paid
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1 by appropriation transfer, shall be deposited in the Project

2 Fund.

3 (j) REPORTS TO CONGRESS.—(1) Section 2662 of

4 title 10, United States Code, shall apply to transactions

5 at the Base during the Project.

6 (k) LIMITATION.—None of the authorities in this sec7 tion shall create any legal rights in any person or entity

8 except rights embodied in leases, deeds, or contracts.

9 (l) EXPIRATION OF AUTHORITY.—The authority to

10 enter into a lease, deed, permit, license, contract, or other

11 agreement under this section shall expire on June 1, 2005.

12 (m) DEFINITIONS.—In this section:

13 (1) The term ‘‘Project’’ means the Base Effi14 ciency Project authorized by this section.

15 (2) The term ‘‘Base’’ means Brooks Air Force

16 Base, Texas.

17 (3) The term ‘‘Community’’ means the City of

18 San Antonio, Texas.

19 (4) The term ‘‘Department’’ means the Depart20 ment of the Air Force.

21 (5) The term ‘‘facility’’ means a building, struc22 ture, or other improvement to real property (except

23 a military family housing unit as that term is used

24 in subchapter IV of chapter 169 of title 10, United

25 States Code).
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1 (6) The term ‘‘joint activity’’ means an activity

2 conducted on or for the benefit of the Base by the

3 Department, jointly with the Community, the State,

4 or any private entity, or any combination thereof.

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

6 Efficiency Project Fund established by subsection

7 (h).

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

9 services (except public schools, fire protection, and

10 police protection) that are funded by local and State

11 taxes and provided without specific charge to the

12 public at large.

13 (9) The term ‘‘Secretary’’ means the Secretary

14 of the Air Force or the Secretary’s designee, who

15 shall be a civilian official of the Department ap16 pointed by the President with the advice and consent

17 of the Senate.

18 (10) The term ‘‘State’’ means the State of

19 Texas.

20 SEC. 2304. Of the funds made available in the Mili21 tary Construction Appropriations Act, 1999 (Public Law

22 105–237) under the heading ‘‘Military Construction, De23 fense-Wide’’ for planning and design, not less than

24 $1,000,000 shall be available for the design of an elemen25 tary school for the Central Kitsap School District to meet
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1 the educational needs of military dependents at the Naval

2 Submarine Base, Bangor, Washington.

3 CHAPTER 4

4 GENERAL PROVISIONS—THIS DIVISION

5 SEC. 2401. No part of any appropriation contained

6 in this Division shall remain available for obligation be7 yond the current fiscal year unless expressly so provided

8 herein.

9 SEC. 2402. Section 305 of H.R. 3425 of the 106th

10 Congress, as enacted into law by section 1000(a)(5) of

11 Public Law 106–113, is hereby repealed.

12 (RESCISSION)

13 SEC. 2403. (a) Of the unobligated balances available

14 on October 1, 2000 from appropriations made in fiscal

15 year 2000 and prior years, in the nondefense, general pur16 pose category to the departments and agencies of the Fed17 eral Government for Information Technology programs

18 and activities, $23,000,000 are rescinded.

19 (b) Within 30 days after the date of the effective date

20 of this section, the Director of the Office of Management

21 and Budget shall submit to the Committees on Appropria22 tions of the House of Representatives and the Senate a

23 listing of the amounts by account of the reductions made

24 pursuant to the provisions of subsection (a) of this section.

25 (c) Subsection (a) shall be effective on October 1,

26 2000.
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1 SEC. 2404. Funds appropriated by this Act, or made

2 available by the transfer of funds in this Act, for intel3 ligence activities are deemed to be specifically authorized

4 by the Congress for purposes of section 504 of the Na5 tional Security Act of 1947 (50 U.S.C. 414).

6 SEC. 2405. The following provisions of law are re7 pealed: sections 8175 and 8176 of the Department of De8 fense Appropriations Act, 2000 (Public Law 106–79), as

9 amended by sections 214 and 215, respectively, of H.R.

10 3425 of the 106th Congress (113 Stat. 1501A–297), as

11 enacted into law by section 1000(a)(5) of Public Law 106–

12 113.

13 SEC. 2406. TERM OF OFFICE OF PERSON FIRST AP14 POINTED AS UNDER SECRETARY FOR NUCLEAR SECU15 RITY OF THE DEPARTMENT OF ENERGY. (a) LENGTH OF

16 TERM.—The term of office as Under Secretary for Nu17 clear Security of the Department of Energy of the first

18 person appointed to that position shall be three years.

19 (b) EXCLUSIVE REASONS FOR REMOVAL.—The ex20 clusive reasons for removal from office as Under Secretary

21 for Nuclear Security of the person described in subsection

22 (a) shall be inefficiency, neglect of duty, or malfeasance

23 in office.

24 (c) POSITION DESCRIBED.—The position of Under

25 Secretary for Nuclear Security of the Department of En-
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1 ergy referred to in this section is the position established

2 by subsection (c) of section 202 of the Department of En3 ergy Organization Act (42 U.S.C. 7132), as added by sec4 tion 3202 of the National Nuclear Security Administration

5 Act (title XXXII of Public Law 106–65; 113 Stat. 954)).

6 SEC. 2407. (a) REQUIREMENT FOR SALE OF NAVY

7 DRYDOCK NO. 9.—Notwithstanding any other provision

8 of law, the Secretary of the Navy shall sell Navy Drydock

9 No. 9 (AFDM–3), located in Mobile, Alabama, to the

10 Bender Shipbuilding and Repair Company, Inc., who is

11 the current lessee of the drydock from the Navy.

12 (b) CONSIDERATION.—As consideration for the sale

13 of the drydock under subsection (a), the Secretary shall

14 receive an amount equal to the fair market value of the

15 drydock at the time of the sale, as determined by the Sec16 retary.

17 SEC. 2408. Subsection (b) of section 509 of title 32,

18 United States Code, is amended by striking ‘‘Federal’’ and

19 inserting in lieu thereof ‘‘Department of Defense’’.

20 SEC. 2409. (a) INAPPLICABILITY OF TIME LIMITA21 TIONS.—Notwithstanding the time limitations in section

22 3744(b) of title 10, United States Code, or any other time

23 limitation, the President may award the Medal of Honor

24 under section 3741 of such title to the persons specified

25 in subsection (b) for the acts specified in that subsection,
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1 the award of the Medal of Honor to such persons having

2 been determined by the Secretary of the Army to be war3 ranted in accordance with section 1130 of such title.

4 (b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF

5 HONOR.—The persons referred to in subsection (a) are

6 the following:

7 (1) Ed W. Freeman, for conspicuous acts of

8 gallantry and intrepidity at the risk of his life and

9 beyond the call of duty on November 14, 1965, as

10 flight leader and second-in-command of a helicopter

11 lift unit at landing zone X–Ray in the Battle of the

12 Ia Drang Valley, Republic of Vietnam, during the

13 Vietnam War, while serving in the grade of Captain

14 in Alpha Company, 229th Assault Helicopter Bat15 talion, 101st Cavalry Division (Airmobile).

16 (2) James K. Okubo, for conspicuous acts of

17 gallantry and intrepidity at the risk of his life and

18 beyond the call of duty on October 28 and 29, and

19 November 4, 1944, at Foret Domaniale de Champ,

20 near Biffontaine, France, during World War II,

21 while serving as an Army medic in the grade of

22 Technician Fifth Grade in the medical detachment,

23 442d Regimental Combat Team.

24 (3) Andrew J. Smith, for conspicuous acts of

25 gallantry and intrepidity at the risk of his life and
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1 beyond the call of duty on November 30, 1864, in

2 the Battle of Honey Hill, South Carolina, during the

3 Civil War, while serving as a corporal in the 55th

4 Massachusetts Voluntary Infantry Regiment.

5 (c) POSTHUMOUS AWARD.—The Medal of Honor may

6 be awarded under this section posthumously, as provided

7 in section 3752 of title 10, United States Code.

8 (d) PRIOR AWARD.—The Medal of Honor may be

9 awarded under this section for service for which a Silver

10 Star, or other award, has been awarded.

11 SEC. 2410. LIMITATION ON AVAILABILITY OF FUNDS

12 FOR UNITED STATES GROUND COMBAT TROOPS IN

13 KOSOVO. (a) LIMITATION.—

14 (1) IN GENERAL.—Subject to subsection (d)

15 and except as provided in paragraph (2), none of the

16 funds appropriated or otherwise made available

17 under any provision of law (including unobligated

18 balances of prior appropriations) shall be available

19 for the continued deployment of United States

20 ground combat troops in Kosovo after July 1, 2001,

21 unless and until—

22 (A) the President submits a report to

23 Congress—

24 (i) containing a request for specific

25 authorization for the continued deployment
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1 of United States ground combat troops in

2 Kosovo;

3 (ii) describing the progress made in

4 implementing the plan required by sub5 section (b); and

6 (iii) containing the information de7 scribed in subsection (c); and

8 (B) Congress enacts a joint resolution spe9 cifically authorizing the continued deployment

10 of United States ground combat troops in

11 Kosovo.

12 (2) EXCEPTIONS.—The limitation in paragraph

13 (1) shall not apply to the continued deployment in

14 Kosovo of such number of United States ground

15 combat troops as are necessary—

16 (A) to conduct a safe, orderly, and phased

17 withdrawal of United States ground forces from

18 Kosovo in the event that the continued deploy19 ment of United States ground combat troops in

20 Kosovo is not specifically authorized by statute;

21 or

22 (B) to protect United States diplomatic fa23 cilities in Kosovo in existence as of the date of

24 the enactment of this Act.

25 (3) WAIVER.—
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1 (A) IN GENERAL.—Except as provided in

2 subparagraph (B), absent specific statutory au3 thorization under paragraph (1)(B), the Presi4 dent may waive the limitation in paragraph (1)

5 for a period or periods of up to 90 days each

6 in the event that—

7 (i) the Armed Forces are involved in

8 hostilities in Kosovo or that imminent in9 volvement by the Armed Forces in hos10 tilities in Kosovo is clearly indicated by the

11 circumstances; or

12 (ii) NATO, acting through the Su13 preme Allied Commander, Europe, re14 quests the emergency introduction of

15 United States ground forces into Kosovo to

16 assist other NATO or non-NATO military

17 forces involved in hostilities or facing im18 minent involvement in hostilities.

19 (B) EXCEPTION.—The authority of sub20 paragraph (A) may not be exercised more than

21 twice unless Congress enacts a law specifically

22 authorizing the additional exercise of the au23 thority.

24 (4) REPORT ON SUBSEQUENT DEPLOYMENTS.—

25 Absent specific statutory authorization under para-
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1 graph (1)(B), whenever there is a deployment of 25

2 or more members of the United States Armed

3 Forces to Kosovo after July 1, 2001 pursuant to a

4 waiver exercised under paragraph (3), the President

5 shall, not later than 96 hours after such deployment

6 begins, submit a report to Congress regarding the

7 deployment. In any such report, the President shall

8 specify—

9 (A) the purpose of the deployment; and

10 (B) the date on which the deployment is

11 expected to end.

12 (5) STATUTORY CONSTRUCTION.—Nothing in

13 this subsection may be construed to prohibit the

14 availability of funds for the deployment of United

15 States noncombat troops in Kosovo to provide lim16 ited support to peacekeeping operations of the North

17 Atlantic Treaty Organization (NATO) in Kosovo

18 that do not involve the deployment of ground combat

19 troops, such as support for NATO headquarters ac20 tivities in Kosovo, intelligence support, air surveil21 lance, and related activities.

22 (b) PLAN.—

23 (1) IN GENERAL.—The President shall develop

24 a plan, in consultation with appropriate foreign gov25 ernments, by which NATO member countries, with
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1 the exception of the United States, and appropriate

2 non-NATO countries will provide, not later than

3 July 1, 2001, any and all ground combat troops nec4 essary to execute Operation Joint Guardian or any

5 successor operation in Kosovo.

6 (2) QUARTERLY TARGET DATES.—The plan

7 shall establish a schedule of target dates set at 3-

8 month intervals for achieving an orderly transition

9 to a force in Kosovo that does not include United

10 States ground combat troops.

11 (3) DEADLINES.—

12 (A) INTERIM PLAN.—An interim plan for

13 the achievement of the plan’s objectives shall be

14 submitted to Congress not later than September

15 30, 2000.

16 (B) FINAL PLAN.—The final plan for the

17 achievement of the plan’s objectives shall be

18 submitted to Congress not later than May 1,

19 2001.

20 (c) REPORTS.—

21 (1) MONTHLY REPORTS.—Beginning 30 days

22 after the date of enactment of this joint resolution,

23 and every 30 days thereafter, the President shall

24 submit a report to Congress on the total number of

25 troops involved in peacekeeping operations in
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1 Kosovo, the number of United States troops in2 volved, and the percentage of the total troop burden

3 that the United States is bearing.

4 (2) QUARTERLY REPORTS.—Beginning 3

5 months after the date of enactment of this joint res6 olution, and every 3 months thereafter, the Presi7 dent shall submit to Congress a report on—

8 (A) the total amount of funds that the

9 United States has expended on peacekeeping

10 operations in Kosovo, and the percentage of the

11 total contributions by all countries to peace12 keeping operations in Kosovo that the United

13 States is bearing; and

14 (B) the progress that each other country

15 participating in peacekeeping operations in

16 Kosovo is making on meeting—

17 (i) its financial commitments with re18 spect to Kosovo;

19 (ii) its manpower commitments to the

20 international civilian police force in

21 Kosovo; and

22 (iii) its troop commitments to peace23 keeping operations in Kosovo.

24 (d) CERTIFICATION.—
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1 (1) IN GENERAL.—Of the amounts appro2 priated by this Act for fiscal year 2000 for military

3 operations in Kosovo, not more than 75 percent may

4 be obligated until the President certifies in writing

5 to Congress that the European Commission, the

6 member nations of the European Union, and the

7 European member nations of the North Atlantic

8 Treaty Organization have, in the aggregate—

9 (A) obligated or contracted for at least 33

10 percent of the amount of the assistance that

11 those organizations and nations committed to

12 provide for 1999 and 2000 for reconstruction in

13 Kosovo;

14 (B) obligated or contracted for at least 75

15 percent of the amount of the assistance that

16 those organizations and nations committed for

17 1999 and 2000 for humanitarian assistance in

18 Kosovo;

19 (C) provided at least 75 percent of the

20 amount of the assistance that those organiza21 tions and nations committed for 1999 and 2000

22 for the Kosovo Consolidated Budget; and

23 (D) deployed at least 75 percent of the

24 number of police, including special police, that

25 those organizations and nations pledged for the
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1 United Nations international police force for

2 Kosovo.

3 (2) REPORT.—The President shall submit to

4 Congress, together with any certification submitted

5 by the President under paragraph (1), a report con6 taining detailed information on—

7 (A) the commitments and pledges made by

8 each organization and nation referred to in

9 paragraph (1) for reconstruction assistance in

10 Kosovo, humanitarian assistance in Kosovo, the

11 Kosovo Consolidated Budget, and police (in12 cluding special police) for the United Nations

13 international police force for Kosovo;

14 (B) the amount of assistance that has been

15 provided in each category, and the number of

16 police that have been deployed to Kosovo, by

17 each such organization or nation; and

18 (C) the full range of commitments and re19 sponsibilities that have been undertaken for

20 Kosovo by the United Nations, the European

21 Union, and the Organization for Security and

22 Cooperation in Europe (OSCE), the progress

23 made by those organizations in fulfilling those

24 commitments and responsibilities, an assess25 ment of the tasks that remain to be accom-
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1 plished, and an anticipated schedule for com2 pleting those tasks.

3 (3) LIMITATION ON USE OF FUNDS.—If the

4 President does not submit to Congress a certifi5 cation and report under paragraphs (1) and (2) be6 fore July 15, 2000, then, beginning on July 15,

7 2000, the amount appropriated for military oper8 ations in Kosovo that remains unobligated under

9 paragraph (1) shall be available only for the purpose

10 of conducting a safe, orderly, and phased withdrawal

11 of United States military personnel from Kosovo,

12 unless Congress enacts a joint resolution allowing

13 that amount to be used for other purposes. If Con14 gress fails to enact such a joint resolution, no other

15 amount appropriated for the Department of Defense

16 in this Act or any other Act may be obligated to

17 continue the deployment of United States military

18 personnel in Kosovo. In that case, the President

19 shall submit to Congress, not later than August 15,

20 2000, a report on the plan for the withdrawal of

21 United States military personnel from Kosovo.

22 (e) CONGRESSIONAL PRIORITY PROCEDURES.—

23 (1) JOINT RESOLUTIONS DEFINED.—

24 (A) For purposes of subsection (a)(1)(B),

25 the term ‘‘joint resolution’’ means only a joint
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1 resolution introduced not later than 10 days

2 after the date on which the report of the Presi3 dent under subsection (a)(1)(A) is received by

4 Congress, the matter after the resolving clause

5 of which is as follows: ‘‘That Congress author6 izes the continued deployment of United States

7 ground combat troops in Kosovo.’’.

8 (B) For purposes of subsection (d)(3), the

9 term ‘‘joint resolution’’ means only a joint reso10 lution introduced not later than July 20, 2000,

11 the matter after the resolving clause of which is

12 as follows: ‘‘That the availability of funds ap13 propriated to the Department of Defense for

14 military operations in Kosovo is not limited to

15 the withdrawal of United States military per16 sonnel from Kosovo.’’.

17 (2) PROCEDURES.—A joint resolution described

18 in paragraph (1) (A) or (B) shall be considered in

19 a House of Congress in accordance with the proce20 dures applicable to joint resolutions under para21 graphs (3) through (8) of section 8066(c) of the De22 partment of Defense Appropriations Act, 1985 (as

23 contained in Public Law 98–473; 98 Stat. 1936).

24 This Division may be cited as the ‘‘2000 Emergency

25 Supplemental Appropriations Act for Counternarcotics
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1 Activities, Peacekeeping Operations, and Other National

2 Security Matters’’.

3 This Act may be cited as the ‘‘Military Construction

4 Appropriations Act, 2001’’.

Calendar No. 529

106TH CONGRESS

2D SESSION S. 2521

A BILL

Making appropriations for military construction,

family housing, and base realignment and closurefor the Department of Defense for the fiscal yearending September 30, 2001, and for other purposes.

MAY 9, 2000

Read twice and placed on the calendar