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tire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Mainte-
nance, Army National Guard’’, $2,851,000: Provided, That
the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Overseas Contin-
gency Operations Transfer Fund’’, $1,850,400,000, to re-
main available until expended: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the Secretary of Defense
may transfer the funds provided herein only to appropria-
tions for military personnel; operation and maintenance,
including Overseas Humanitarian, Disaster, and Civic
Aid; procurement; research, development, test and evalua-
tion; the Defense Health Program; and working capital
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funds: Provided further, That the funds transferred shall be
merged with and shall be available for the same purposes
and for the same time period, as the appropriation to which
transferred: Provided further, That the transfer authority
provided in this paragraph is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That none of the funds made available
under this heading may be obligated or expended until 30
days after the Secretary of Defense submits budget exhibits
OP–5, and OP–32, as defined in the Department of Defense
Financial Management Regulation, for the Overseas Con-
tingency Operations Transfer Fund for Fiscal Years 2000
and 2001.
PROCUREMENT
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement,
Air Force’’, $73,000,000, to remain available for obligation
until September 30, 2001: Provided, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
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RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,
ARMY
For an additional amount for ‘‘Research, Develop-
ment, Test, and Evaluation, Army’’, $5,700,000 for contin-
ued test activities under the Tactical High Energy Laser
(THEL) program of the Army: Provided, That the entire
amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Pro-
gram’’, $3,533,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 2101. (a) MINIMUM RATES OF BASIC ALLOW-
ANCE FOR HOUSING FOR MEMBERS OF THE UNIFORMED
SERVICES.—During the period beginning on January 1,
2000, and ending on September 30, 2001 (or such earlier
date as the Secretary of Defense considers appropriate), a
member of the uniformed services entitled to a basic allow-
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ance for housing for a military housing area in the United
States shall be paid the allowance at a monthly rate not
less than the rate in effect on December 31, 1999, in that
area for members serving in the same pay grade and with
the same dependency status as the member.
(b) ANNUAL LIMITATION ON ALLOWANCE.—In light of
the rates for the basic allowance for housing authorized by
subsection (a), the Secretary of Defense may exceed the limi-
tation on the total amount paid during fiscal year 2000
and 2001 for the basic allowance for housing in the United
States otherwise applicable under section 403(b)(3) of title
37, United States Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 2102. In addition to amounts appropriated or
otherwise made available elsewhere in this Act for the De-
partment of Defense or in the Department of Defense Ap-
propriations Act, 2000 (Public Law 106–79), $964,300,000
is hereby appropriated to the Department of Defense for the
‘‘Defense-Wide Working Capital Fund’’ and shall remain
available until expended, for price increases resulting from
worldwide increases in the price of petroleum: Provided,
That the Secretary of Defense shall transfer any excess col-
lections from the ‘‘Defense-Wide Working Capital Fund’’
not later than September 30, 2001 to the operation and
maintenance; research, development, test and evaluation;
and working capital funds: Provided further, That the
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transfer authority provided in this section is in addition
to the transfer authority provided to the Department of De-
fense in this Act or any other Act: Provided further, That
the entire amount made available in this section is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
SEC. 2103. In addition to the amounts provided in the
Department of Defense Appropriations Act, 2000 (Public
Law 106–79), $695,900,000 is hereby appropriated for ‘‘De-
fense Health Program’’, to remain available for obligation
until September 30, 2001: Provided, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
SEC. 2104. To ensure the availability of biometrics
technologies in the Department of Defense, the Secretary of
the Army shall be the Executive Agent to lead, consolidate,
and coordinate all biometrics information assurance pro-
grams of the Department of Defense: Provided, That there
is hereby appropriated for fiscal year 2000, in addition to
other amounts appropriated for such fiscal year by other
provisions of this Act, $5,000,000 for Operation and Main-
tenance, Army, for carrying out the biometrics assurance
programs and for continuing the biometrics information as-
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surance programs of the Information System Security Pro-
gram: Provided further, That there is hereby appropriated
for fiscal year 2000, in addition to other amounts appro-
priated for such fiscal year by other provisions of this Act,
$1,000,000 for Operation and Maintenance, Navy, and
$1,000,000 for Operation and Maintenance, Air Force, for
carrying out the biometrics assurance programs with the
Army, as Executive Agent, to lead, consolidate, and coordi-
nate such programs: Provided further, That the total
amount made available under this section is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent
that an official budget request that includes designation of
the entire amount of the request as an emergency require-
ment as defined by the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
SEC. 2105. In addition to amounts appropriated or
otherwise made available for the Department of Defense
elsewhere in this Act or in the Department of Defense Ap-
propriations Act, 2000 (Public Law 106–79), $125,000,000
is hereby appropriated to the Department of Defense to re-
main available until September 30, 2002, to be available
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only for the Patriot missile program: Provided, That not
later than 30 days after the enactment of this Act the De-
partment shall submit a revised Patriot missile program
plan to the congressional defense committees: Provided fur-
ther, That the entire amount made available in this section
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent that an official budget request that in-
cludes designation of the entire amount of the request as
an emergency requirement as defined by the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
SEC. 2106. In addition to amounts provided elsewhere
in this Act for the Department of Defense, $300,000 is here-
by appropriated to be available only for Operation Walking
Shield for technical assistance and transportation of excess
housing to Indian tribes located in the States of North Da-
kota, South Dakota, Montana and Minnesota, in accord-
ance with section 8155 of Public Law 106–79: Provided,
That the total amount made available under this section
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
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Provided further, That the entire amount shall be available
only to the extent that an official budget request that in-
cludes designation of the entire amount as an emergency
requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress.
SEC. 2107. In addition to amounts appropriated or
otherwise made available for the Department of Defense
elsewhere in this Act or in the Department of Defense Ap-
propriations Act, 2000 (Public Law 106–79), there is here-
by appropriated to the Department of Defense, for the cost
of peacekeeping and humanitarian assistance operations in
East Timor and Mozambique, $61,500,000, to be distributed
as follows:
‘‘Operation 
and 
Maintenance, 
Navy’’,
$6,400,000;
‘‘Operation and Maintenance, Marine Corps’’,
$8,100,000; and
‘‘Operation 
and 
Maintenance, 
Air 
Force’’,
$47,000,000:
Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent
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that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
SEC. 2108. (a) TRANSFER
OF FUNDS.—Notwith-
standing any other provision of law, of the funds appro-
priated by title II of the Department of Defense Appropria-
tions Act, 2000 (Public Law 106–79) under the heading
‘‘Operation and Maintenance, Defense-Wide’’, $9,642,000
shall be transferred to the Macalloy Special Account admin-
istered by the Administrator of the Environmental Protec-
tion Agency to pay for response actions by, or on behalf
of, the Environmental Protection Agency under the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) at the
Macalloy site in Charleston, South Carolina.
(b) TREATMENT OF FUNDS.—Any of the funds trans-
ferred pursuant to subsection (a) that are used to pay for
response actions at the Macalloy site shall be credited
against any liability of the United States with respect to
the site under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
SEC. 2109. (a) All funds appropriated by this or any
other Act for LHD–8 shall be made available for obligation
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no later than 15 days after the date of enactment of this
Act.
(b) Of the funds made available by subsection (a) above
not less than $263,000,000 shall be obligated for design, ad-
vanced procurement, and advanced construction of compo-
nents for LHD–8 by the shipbuilder not more than 60 days
from the date of enactment of this Act. Such other funds
required for Government furnished equipment and program
management shall be obligated concurrently.
SEC. 2110. Notwithstanding any other provision of
law, there is appropriated to the Department of Defense
$8,000,000 for communications, communications infra-
structure, logistical support, resources and operational as-
sistance required by the Salt Lake Organizing Committee
to stage the 2002 Olympic and Paralympic Winter Games,
such sums to remain available until expended: Provided,
That the entire amount shall be available only to the extent
an official budget request is submitted that includes des-
ignation of the entire amount of the request as an emer-
gency requirement as defined by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided fur-
ther, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section
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251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
SEC. 2111. The Ballistic Missile Defense Organization
and its subordinate offices and associated contractors, in-
cluding the Lead Systems Integrator, shall notify the con-
gressional defense committees 30 days prior to issuing any
type of information or proposal solicitation under the NMD
Program.
CHAPTER 2
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
WEAPONS ACTIVITIES
For an additional amount for ‘‘Weapons activities’’,
$221,000,000, to remain available until expended: Pro-
vided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent
an official budget request for $221,000,000 that includes
designation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
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OTHER DEFENSE ACTIVITIES
For an additional amount for ‘‘Other defense activi-
ties’’, $12,000,000, to remain available until expended: Pro-
vided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent
an official budget request for $12,000,000 that includes des-
ignation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
CHAPTER 3
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Military Construction,
Defense-Wide’’, $1,000,000, as authorized by section 2854
of title 10, United States Code, to remain available until
September 30, 2004: Provided, That such amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That the entire amount shall be available
only to the extent an official budget request for $1,000,000
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that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For an additional amount for ‘‘Military Construction,
Army National Guard’’ to cover the incremental costs aris-
ing from the consequences of Hurricane Georges, $9,145,000
as authorized by section 2854 of title 10, United States
Code, to remain available until September 30, 2004: Pro-
vided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official
budget request for $9,145,000, that includes designation of
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
MILITARY CONSTRUCTION, ARMY RESERVE
For an additional amount for ‘‘Military Construction,
Army Reserve’’ to cover the incremental costs arising from
the consequences of Hurricane Floyd, $12,348,000, as au-
thorized by section 2854 of title 10, United States Code,
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to remain available until September 30, 2004: Provided,
That such amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire
amount shall be available only to the extent an official
budget request for $12,348,000 that includes designation of
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 2301. In addition to amounts appropriated or
otherwise made available in the Military Construction Ap-
propriations Act, 2000, $4,700,000 is hereby appropriated
to the Department of Defense, to cover incremental Oper-
ation and Maintenance costs to family housing, as author-
ized by section 2854 of title 10, United States Code, as fol-
lows:
‘‘Family Housing, Navy and Marine Corps’’,
$3,000,000; and
‘‘Family Housing, Air Force’’, $1,700,000:
Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
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icit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent
that an official budget request for $4,700,000, that includes
designation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
SEC. 2302. Notwithstanding any other provision of
law, the Secretary of the Navy is authorized to use funds
received pursuant to section 2601 of Title 10, United States
Code, for the construction, improvement, repair, and main-
tenance of the historic residences located at Marine Corps
Barracks, Washington, D.C.: Provided, That the Secretary
notifies the appropriate committees of Congress thirty days
in advance of the intended use of such funds.
BROOKS AIR FORCE BASE DEVELOPMENT DEMONSTRATION
PROJECT
SEC. 2303. (a) PURPOSE.—The purpose of this section
is to evaluate and demonstrate methods for more efficient
operation of military installations through improved cap-
ital asset management and greater reliance on the public
or private sector for less-costly base support services, where
available. The section supersedes, and shall be used in lieu
of the authority provided in, section 8168 of the Department
of Defense Appropriations Act, 2000 (Public Law 106–79;
113 Stat. 1277).
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(b) AUTHORITY.—(1) Subject to paragraph (4), the
Secretary of the Air Force may carry out at Brooks Air
Force Base, Texas, a demonstration project to be known as
the ‘‘Base Efficiency Project’’ to improve mission effective-
ness and reduce the cost of providing quality installation
support at Brooks Air Force Base.
(2) The Secretary may carry out the Project in con-
sultation with the Community to the extent the Secretary
determines such consultation is necessary and appropriate.
(3) The authority provided in this section is in addi-
tion to any other authority vested in or delegated to the
Secretary, and the Secretary may exercise any authority
or combination of authorities provided under this section
or elsewhere to carry out the purposes of the Project.
(4) The Secretary may not exercise any authority
under this section until after the end of the 30-day period
beginning on the date the Secretary submits to the appro-
priate committees of the Congress a master plan for the de-
velopment of the Base.
(c) EFFICIENT PRACTICES.—(1) The Secretary may
convert services at or for the benefit of the Base from accom-
plishment by military personnel or by Departmental civil-
ian employees (appropriated fund or non-appropriated
fund), to services performed by contract or provided as con-
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sideration for the lease, sale, or other conveyance or transfer
of property.
(2) Notwithstanding section 2462 of title 10, United
States Code, a contract for services may be awarded based
on ‘‘best value’’ if the Secretary determines that the award
will advance the purposes of a joint activity conducted
under the project and is in the best interest of the Depart-
ment.
(3) Notwithstanding that such services are generally
funded by local and State taxes and provided without spe-
cific charge to the public at large, the Secretary may con-
tract for public services at or for the benefit of the Base
in exchange for such consideration, if any, the Secretary
determines to be appropriate.
(4)(A) The Secretary may conduct joint activities with
the Community, the State, and any private parties or enti-
ties on or for the benefit of the Base.
(B) Payments or reimbursements received from par-
ticipants for their share of direct and indirect costs of joint
activities, including the costs of providing, operating, and
maintaining facilities, shall be in an amount and type de-
termined to be adequate and appropriate by the Secretary.
(C) Such payments or reimbursements received by the
Department shall be deposited into the Project Fund.
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(d) LEASE AUTHORITY.—(1) The Secretary may lease
real or personal property located on the Base and not re-
quired at other Air Force installations to any lessee upon
such terms and conditions as the Secretary considers appro-
priate and in the interest of the United States, if the Sec-
retary determines that the lease would facilitate the pur-
poses of the Project.
(2) Consideration for a lease under this subsection
shall be determined in accordance with subsection (g).
(3) A lease under this subsection—
(A) may be for such period as the Secretary de-
termines is necessary to accomplish the goals of the
Project; and
(B) may give the lessee the first right to purchase
the property at fair market value if the lease is termi-
nated to allow the United States to sell the property
under any other provision of law.
(4)(A) The interest of a lessee of property leased under
this subsection may be taxed by the State or the Commu-
nity.
(B) A lease under this subsection shall provide that,
if and to the extent that the leased property is later made
taxable by State governments or local governments under
Federal law, the lease shall be renegotiated.
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(5) The Department may furnish a lessee with utili-
ties, custodial services, and other base operation, mainte-
nance, or support services performed by Department civil-
ian or contract employees, in exchange for such consider-
ation, payment, or reimbursement as the Secretary deter-
mines appropriate.
(6) All amounts received from leases under this sub-
section shall be deposited into the Project Fund.
(7) A lease under this subsection shall not be subject
to the following provisions of law:
(A) Section 2667 of title 10, United States Code,
other than subsection (b)(1) of that section.
(B) Section 321 of the Act of June 30, 1932 (40
U.S.C. 303b).
(C) The Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
(e) PROPERTY DISPOSAL.—(1) The Secretary may sell
or otherwise convey or transfer real and personal property
located at the Base to the Community or to another public
or private party during the Project, upon such terms and
conditions as the Secretary considers appropriate for pur-
poses of the Project.
(2) Consideration for a sale or other conveyance or
transfer of property under this subsection shall be deter-
mined in accordance with subsection (g).
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(3) The sale or other conveyance or transfer of property
under this subsection shall not be subject to the following
provisions of law:
(A) Section 2693 of title 10, United States Code.
(B) The Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
(4) Cash payments received as consideration for the
sale or other conveyance or transfer of property under this
subsection shall be deposited into the Project Fund.
(f) LEASEBACK
OF
PROPERTY
LEASED
OR
DIS-
POSED.—(1) The Secretary may lease, sell, or otherwise
convey or transfer real property at the Base under sub-
sections (b) and (e), as applicable, which will be retained
for use by the Department or by another military depart-
ment or other Federal agency, if the lessee, purchaser, or
other grantee or transferee of the property agrees to enter
into a leaseback to the Department in connection with the
lease, sale, or other conveyance or transfer of one or more
portions or all of the property leased, sold, or otherwise con-
veyed or transferred, as applicable.
(2) A leaseback of real property under this subsection
shall be an operating lease for no more than 20 years unless
the Secretary of the Air Force determines that a longer term
is appropriate.
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(3)(A) Consideration, if any, for real property leased
under a leaseback entered into under this subsection shall
be in such form and amount as the Secretary considers ap-
propriate.
(B) The Secretary may use funds in the Project Fund
or other funds appropriated or otherwise available to the
Department for use at the Base for payment of any such
cash rent.
(4) Notwithstanding any other provision of law, the
Department or other military department or other Federal
agency using the real property leased under a leaseback en-
tered into under this subsection may construct and erect
facilities on or otherwise improve the leased property using
funds appropriated or otherwise available to the Depart-
ment or other military department or other Federal agency
for such purpose.
(g) CONSIDERATION.—(1) The Secretary shall deter-
mine the nature, value, and adequacy of consideration re-
quired or offered in exchange for a lease, sale, or other con-
veyance or transfer of real or personal property or for other
actions taken under the Project.
(2) Consideration may be in cash or in-kind or any
combination thereof. In-kind consideration may include the
following:
(A) Real property.
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(B) Personal property.
(C) Goods or services, including operation,
maintenance, protection, repair, or restoration (in-
cluding environmental restoration) of any property or
facilities (including non-appropriated fund facilities).
(D) Base operating support services.
(E) Improvement of Department facilities.
(F) Provision of facilities, including office, stor-
age, or other usable space, for use by the Department
on or off the Base.
(G) Public services.
(3) Consideration may not be for less than the fair
market value.
(h) PROJECT FUND.—(1) There is established on the
books of the Treasury a fund to be known as the ‘‘Base Effi-
ciency Project Fund’’ into which all cash rents, proceeds,
payments, reimbursements, and other amounts from leases,
sales, or other conveyances or transfers, joint activities, and
all other actions taken under the Project shall be deposited.
Subject to paragraph (2), amounts deposited into the
Project Fund shall be available without fiscal year limita-
tion.
(2) To the extent provided in advance in appropria-
tions Acts, amounts in the Project Fund shall be available
to the Secretary for use at the base only for operation, base
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operating support services, maintenance, repair, or im-
provement of Department facilities, payment of consider-
ation for acquisitions of interests in real property (includ-
ing payment of rentals for leasebacks), and environmental
protection or restoration. The use of such amounts may be
in addition to or in combination with other amounts ap-
propriated for these purposes.
(3) Subject to generally prescribed financial manage-
ment regulations, the Secretary shall establish the structure
of the Project Fund and such administrative policies and
procedures as the Secretary considers necessary to account
for and control deposits into and disbursements from the
Project Fund effectively.
(i) FEDERAL AGENCIES.—(1)(A) Any Federal agency,
its contractors, or its grantees shall pay rent, in cash or
services, for the use of facilities or property at the Base,
in an amount and type determined to be adequate by the
Secretary.
(B) Such rent shall generally be the fair market rental
of the property provided, but in any case shall be sufficient
to compensate the Base for the direct and overhead costs
incurred by the Base due to the presence of the tenant agen-
cy on the Base.
(2) Transfers of real or personal property at the Base
to other Federal agencies shall be at fair market value con-
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sideration. Such consideration may be paid in cash, by ap-
propriation transfer, or in property, goods, or services.
(3) Amounts received from other Federal agencies,
their contractors, or grantees, including any amounts paid
by appropriation transfer, shall be deposited in the Project
Fund.
(j) REPORTS TO CONGRESS.—(1) Section 2662 of title
10, United States Code, shall apply to transactions at the
Base during the Project.
(k) LIMITATION.—None of the authorities in this sec-
tion shall create any legal rights in any person or entity
except rights embodied in leases, deeds, or contracts.
(l) EXPIRATION OF AUTHORITY.—The authority to
enter into a lease, deed, permit, license, contract, or other
agreement under this section shall expire on June 1, 2005.
(m) DEFINITIONS.—In this section:
(1) The term ‘‘Project’’ means the Base Effi-
ciency Project authorized by this section.
(2) The term ‘‘Base’’ means Brooks Air Force
Base, Texas.
(3) The term ‘‘Community’’ means the City of
San Antonio, Texas.
(4) The term ‘‘Department’’ means the Depart-
ment of the Air Force.
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(5) The term ‘‘facility’’ means a building, struc-
ture, or other improvement to real property (except a
military family housing unit as that term is used in
subchapter IV of chapter 169 of title 10, United
States Code).
(6) The term ‘‘joint activity’’ means an activity
conducted on or for the benefit of the Base by the De-
partment, jointly with the Community, the State, or
any private entity, or any combination thereof.
(7) The term ‘‘Project Fund’’ means the Base Ef-
ficiency Project Fund established by subsection (h).
(8) The term ‘‘public services’’ means public
services (except public schools, fire protection, and po-
lice protection) that are funded by local and State
taxes and provided without specific charge to the pub-
lic at large.
(9) The term ‘‘Secretary’’ means the Secretary of
the Air Force or the Secretary’s designee, who shall be
a civilian official of the Department appointed by the
President with the advice and consent of the Senate.
(10) The term ‘‘State’’ means the State of Texas.
SEC. 2304. Of the funds made available in the Military
Construction Appropriations Act, 1999 (Public Law 105–
237) under the heading ‘‘Military Construction, Defense-
Wide’’ for planning and design, not less than $1,000,000
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shall be available for the design of an elementary school for
the Central Kitsap School District to meet the educational
needs of military dependents at the Naval Submarine Base,
Bangor, Washington.
CHAPTER 4
GENERAL PROVISIONS—THIS DIVISION
SEC. 2401. No part of any appropriation contained
in this Division shall remain available for obligation be-
yond the current fiscal year unless expressly so provided
herein.
SEC. 2402. Section 305 of H.R. 3425 of the 106th Con-
gress, as enacted into law by section 1000(a)(5) of Public
Law 106–113, is hereby repealed.
(RESCISSION)
SEC. 2403. (a) Of the unobligated balances available
on October 1, 2000 from appropriations made in fiscal year
2000 and prior years, in the nondefense, general purpose
category to the departments and agencies of the Federal
Government for Information Technology programs and ac-
tivities, $23,000,000 are rescinded.
(b) Within 30 days after the date of the effective date
of this section, the Director of the Office of Management
and Budget shall submit to the Committees on Appropria-
tions of the House of Representatives and the Senate a list-
ing of the amounts by account of the reductions made pur-
suant to the provisions of subsection (a) of this section.