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-
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).
(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-
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.
(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.
(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).
(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.
(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.
(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
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-
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.
(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
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.
(c) Subsection (a) shall be effective on October 1, 2000.
SEC. 2404. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 414).
SEC. 2405. The following provisions of law are re-
pealed: sections 8175 and 8176 of the Department of De-
fense Appropriations Act, 2000 (Public Law 106–79), as
amended by sections 214 and 215, respectively, of H.R.
3425 of the 106th Congress (113 Stat. 1501A–297), as en-
acted into law by section 1000(a)(5) of Public Law 106–
113.
SEC. 2406. TERM OF OFFICE OF PERSON FIRST AP-
POINTED AS UNDER SECRETARY FOR NUCLEAR SECURITY
OF
THE
DEPARTMENT
OF
ENERGY. (a) LENGTH
OF
TERM.—The term of office as Under Secretary for Nuclear
Security of the Department of Energy of the first person
appointed to that position shall be three years.
(b) EXCLUSIVE REASONS FOR REMOVAL.—The exclu-
sive reasons for removal from office as Under Secretary for
Nuclear Security of the person described in subsection (a)
shall be inefficiency, neglect of duty, or malfeasance in of-
fice.
(c) POSITION DESCRIBED.—The position of Under
Secretary for Nuclear Security of the Department of Energy
referred to in this section is the position established by sub-
section (c) of section 202 of the Department of Energy Orga-
nization Act (42 U.S.C. 7132), as added by section 3202
of the National Nuclear Security Administration Act (title
XXXII of Public Law 106–65; 113 Stat. 954)).
SEC. 2407. (a) REQUIREMENT FOR SALE OF NAVY
DRYDOCK NO. 9.—Notwithstanding any other provision of
law, the Secretary of the Navy shall sell Navy Drydock No.
9 (AFDM–3), located in Mobile, Alabama, to the Bender
Shipbuilding and Repair Company, Inc., who is the cur-
rent lessee of the drydock from the Navy.
(b) CONSIDERATION.—As consideration for the sale of
the drydock under subsection (a), the Secretary shall receive
an amount equal to the fair market value of the drydock
at the time of the sale, as determined by the Secretary.
SEC. 2408. Subsection (b) of section 509 of title 32,
United States Code, is amended by striking ‘‘Federal’’ and
inserting in lieu thereof ‘‘Department of Defense’’.
SEC. 2409. (a) INAPPLICABILITY OF TIME LIMITA-
TIONS.—Notwithstanding the time limitations in section
3744(b) of title 10, United States Code, or any other time
limitation, the President may award the Medal of Honor
under section 3741 of such title to the persons specified in
subsection (b) for the acts specified in that subsection, the
award of the Medal of Honor to such persons having been
determined by the Secretary of the Army to be warranted
in accordance with section 1130 of such title.
(b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF
HONOR.—The persons referred to in subsection (a) are the
following:
(1) Ed W. Freeman, for conspicuous acts of gal-
lantry and intrepidity at the risk of his life and be-
yond the call of duty on November 14, 1965, as flight
leader and second-in-command of a helicopter lift
unit at landing zone X–Ray in the Battle of the Ia
Drang Valley, Republic of Vietnam, during the Viet-
nam War, while serving in the grade of Captain in
Alpha Company, 229th Assault Helicopter Battalion,
101st Cavalry Division (Airmobile).
(2) James K. Okubo, for conspicuous acts of gal-
lantry and intrepidity at the risk of his life and be-
yond the call of duty on October 28 and 29, and No-
vember 4, 1944, at Foret Domaniale de Champ, near
Biffontaine, France, during World War II, while serv-
ing as an Army medic in the grade of Technician
Fifth Grade in the medical detachment, 442d Regi-
mental Combat Team.
(3) Andrew J. Smith, for conspicuous acts of
gallantry and intrepidity at the risk of his life and
beyond the call of duty on November 30, 1864, in the
Battle of Honey Hill, South Carolina, during the
Civil War, while serving as a corporal in the 55th
Massachusetts Voluntary Infantry Regiment.
(c) POSTHUMOUS AWARD.—The Medal of Honor may
be awarded under this section posthumously, as provided
in section 3752 of title 10, United States Code.
(d) PRIOR AWARD.—The Medal of Honor may be
awarded under this section for service for which a Silver
Star, or other award, has been awarded.
SEC. 2410. SENSE OF THE SENATE REGARDING THE
SECOND AMENDMENT, THE ENFORCEMENT OF FEDERAL
FIREARMS LAWS, AND THE JUVENILE CRIME CONFERENCE.
(a) FINDINGS.—The Senate makes the following findings—
(1) the Second Amendment to the United States
Constitution protects the right of each law-abiding
United States citizen to own a firearm for any legiti-
mate purpose, including self-defense or recreation;
and
(2) the Clinton Administration has failed to pro-
tect law-abiding citizens by inadequately enforcing
Federal firearms laws. Between 1992 and 1998,
Triggerlock gun prosecutions of defendants who use a
firearm in the commission of a felony dropped nearly
50 percent, from 7,045 to approximately 3,800, de-
spite the fact that the overall budget of the Depart-
ment of Justice increased 54 percent during this pe-
riod; and
(3) it is a Federal crime to possess a firearm on
school grounds under section 922(q) of title 18,
United States Code. The Clinton Department of Jus-
tice prosecuted only 8 cases under this provision of
law during 1998, even though more than 6,000 stu-
dents brought firearms to school that year. The Clin-
ton Administration prosecuted only 5 such cases dur-
ing 1997; and
(4) it is a Federal crime to transfer a firearm
to a juvenile under section 922(x) of title 18, United
States Code. The Clinton Department of Justice pros-
ecuted only 6 cases under this provision of law during
1998 and only 5 during 1997; also
(5) it is a Federal crime to transfer or possess
a semiautomatic assault weapon under section 922(v)
of title 18, United States Code. The Clinton Depart-
ment of Justice prosecuted only 4 cases under this
provision of law during 1998 and only 4 during
1997; plus
(6) it is a Federal crime for any person ‘‘who
has been adjudicated as a mental defective or who has
been committed to a mental institution’’ to possess or
purchase a firearm under section 922(g) of title 18,
United States Code. Despite this Federal law, mental
health adjudications are not placed on the national
instant criminal background system; also
(7) it is a Federal crime for any person know-
ingly to make any false statement in the attempted
purchase of a firearm. It is also a Federal crime for
convicted felons to possess or purchase a firearm.
More than 500,000 convicted felons and other prohib-
ited purchasers have been prevented from buying fire-
arms from licensed dealers since the Brady Handgun
Violence Prevention Act was enacted. When these fel-
ons attempted to purchase a firearm, they committed
another crime by making a false statement under oath
that they were not disqualified from purchasing a
firearm and, of the more than 500,000 violations,
only approximately 200 of the felons have been re-
ferred to the Department of Justice for prosecution;
and
(8) the Juvenile Crime Conference Committee is
considering a comprehensive approach to juvenile
crime including—
(A) tougher penalties on criminals using
guns and illegal gun purchases;
(B) money for States to get tough on truly
violent teen criminals;
(C) a provision allowing Hollywood to
reach agreements to clean up smut and violence
on television, in video games, and in music;
(D) changing Federal education mandates
to ensure that all students who bring guns to
school can be disciplined; and
(E) a ban on juveniles who commit felonies
from ever legally possessing a gun and from pos-
sessing assault weapons.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) any juvenile crime conference report should
reflect a comprehensive approach to juvenile crime
and enhance the prosecution of firearms offenses,
including—
(A) designating not less than 1 Assistant
United States Attorney in each district to pros-
ecute Federal firearms violations and thereby ex-
pand Project Exile nationally;
(B) upgrading the national instant crimi-
nal background system by encouraging States to
place mental health adjudications on that system
and by improving the overall speed and effi-
ciency of that system; and
(C) providing incentive grants to States to
encourage States to impose mandatory minimum
sentences for firearm offenses;
(2) the right of each law-abiding United States
citizen to own a firearm for any legitimate purpose,
including self-defense or recreation, should not be in-
fringed.
SEC. 2411. SENSE OF THE SENATE REGARDING THE
MILLION MOM MARCH. (a) FINDINGS.—Since—
(1) on Mother’s Day, May 14, 2000, an esti-
mated 750,000 mothers, fathers, and children united
for the Million Mom March on the National Mall in
Washington, D.C. and were joined by tens of thou-
sands of others, in 70 cities across America, in a call
for meaningful, common-sense gun policy;
(2) 4,223 young people ages 19 and under were
killed by gunfire—one every two hours, nearly 12
young people every day—in the United States in
1997;
(3) American children under the age of 15 are 12
times more likely to die from gunfire than children in
25 other industrialized countries combined;
(4) gun safety education programs are inad-
equate to protect children from gun violence;
(5) a majority of the Senate resolved that the
House-Senate Juvenile Justice Conference should
meet, consider and pass by April 20, 2000, a con-
ference report to accompany H.R. 1501, the Juvenile
Justice Act, and that the conference report should re-
tain the Senate-passed gun safety provisions to limit
access to firearms by juveniles, felons, and other pro-
hibited persons;
(6) the one-year anniversary of the Columbine
High School tragedy passed on April 20, 2000, with-
out any action by the Juvenile Justice Conference
Committee on the reasonable gun safety measures that
were passed by the Senate almost one year ago;
(7) continued inaction on this critical threat to
public safety undermines confidence in the ability of
the Senate to protect our children and raises concerns
about the influence of special interests opposed to even
the most basic gun safety provisions;
(8) this lack of action on the part of the Juvenile
Justice Conference Committee and this Congress to
stem the flood of gun violence is irresponsible and fur-
ther delay is unacceptable; and
(9) protecting our children from gun violence is
a top priority for our families, communities, and Na-
tion.
(b) SENSE OF THE SENATE.—Now, therefore, be it de-
termined, that it is the sense of the Senate that—
(1) the organizers, sponsors, and participants of
the Million Mom March should be commended for ral-
lying to demand sensible gun safety legislation; and
(2) Congress should immediately pass a con-
ference report to accompany H.R. 1501, the Violent
and Repeat Juvenile Offender Accountability and Re-
habilitation Act, before the Memorial Day Recess, and
include the Lautenberg-Kerrey gun show loophole
amendment and the other Senate-passed provisions
designed to limit access to firearms by juveniles, con-
victed felons, and other persons prohibited by law
from purchasing or possessing firearms.
SEC. 2412. Notwithstanding any other provision of
law, none of the funds appropriated or otherwise made
available by this or any other Act may be used to allow
for the entry into, or withdrawal from warehouse for con-
sumption in the United States of diamonds if the country
of origin in which such diamonds were mined (as evidenced
by a legible certificate of origin) is the Republic of Sierra
Leone, the Republic of Liberia, the Republic of Cote
d’Ivoire, the Democratic Republic of the Congo, or the Re-
public of Angola.
SEC. 2413. USE OF DEPARTMENT OF DEFENSE FA-
CILITIES AS POLLING PLACES. (a) IN GENERAL.—Notwith-
standing any other provision of law, the Secretary of De-
fense shall not prohibit the designation or use of any De-
partment of Defense facility, currently designated by a
State or local election official, or used since January 1,
1996, as an official polling place in connection with a local,
State, or Federal election, as such official polling place.
(b) EFFECTIVE DATE.—The prohibition under sub-
section (a) shall apply to any election occurring on or after
the date of enactment of this section and before December
31, 2000.
SEC. 2414. ELECTRONIC AND INFORMATION TECH-
NOLOGY. Section 508(f)(1) of the Rehabilitation Act of 1973
(29 U.S.C. 794d(f)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘Effective’’
and all that follows through ‘‘1998,’’ and inserting
‘‘Effective 6 months after the date of publication by
the Access Board of final standards described in sub-
section (a)(2),’’; and
(2) in subparagraph (B), by striking ‘‘2 years’’
and all that follows and inserting ‘‘6 months after the
date of publication by the Access Board of final
standards described in subsection (a)(2).’’.
SEC. 2415. FLOOD MITIGATION NEAR PIERRE, SOUTH
DAKOTA. Section 136(a)(3) of title I of division C of the
Omnibus Consolidated and Emergency Supplemental Ap-
propriations Act, 1999 (112 Stat. 2681–596), is amended
by adding at the end the following:
‘‘(C) DETERMINATION
OF
ECONOMIC
JUS-
TIFICATION.—
‘‘(i) IN GENERAL.—A determination of
economic justification under subparagraph
(A) shall be based on an assumption that
the Federal Government is liable for ground
water damage to land or property described
in paragraph (1).
‘‘(ii) EFFECT OF CLAUSE.—Clause (i)
does not impose on the Federal Government
any liability in addition to any liability
that the Federal Government may have
under law in effect on October 20, 1998.’’.
SEC. 2416. Section 8114 of the Department of Defense
Appropriations Act, 1999 (Public Law 105–262) is amend-
ed ‘‘And other SOFA claims’’ to be inserted following
‘‘. . . the funds made available for payments to persons,
communities, or other entities in Italy for reimbursement
property damages . . .’’.
This Act may be cited as the ‘‘Military Construction
Appropriations Act, 2001’’.
Passed the House of Representatives May 16, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate May 18, 2000.
Attest:
GARY SISCO,
Secretary.