[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4425 Public Print (PP)]

  2d Session
                                H. R. 4425


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2000

    Ordered to be printed with the amendments of the Senate numbered

_______________________________________________________________________

                                 AN ACT


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, (1)<DELETED>That the 
following sums are appropriated, out of any money in the Treasury not 
otherwise appropriated for military construction, family housing, and 
base realignment and closure functions administered by the Department 
of Defense, for the fiscal year ending September 30, 2001, and for 
other purposes, namely:

             <DELETED>Military Construction, Army</DELETED>

<DELETED>    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $869,950,000, to remain available 
until September 30, 2005: Provided, That of this amount, not to exceed 
$99,961,000 shall be available for study, planning, design, architect 
and engineer services, and host nation support, as authorized by law, 
unless the Secretary of Defense determines that additional obligations 
are necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of his determination and the 
reasons therefor.</DELETED>

             <DELETED>Military Construction, Navy</DELETED>

<DELETED>    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, naval installations, 
facilities, and real property for the Navy as currently authorized by 
law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $891,380,000, to remain available until September 30, 
2005: Provided, That of this amount, not to exceed $67,502,000 shall be 
available for study, planning, design, architect and engineer services, 
as authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of his 
determination and the reasons therefor.</DELETED>

          <DELETED>Military Construction, Air Force</DELETED>

<DELETED>    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $703,903,000, to remain available until September 30, 2005: 
Provided, That of this amount, not to exceed $56,949,000 shall be 
available for study, planning, design, architect and engineer services, 
as authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of his 
determination and the reasons therefor.</DELETED>

         <DELETED>Military Construction, Defense-wide</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$800,314,000, to remain available until September 30, 2005: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as he may designate, to be merged with and to be available for 
the same purposes, and for the same time period, as the appropriation 
or fund to which transferred: Provided further, That of the amount 
appropriated, not to exceed $77,505,000 shall be available for study, 
planning, design, architect and engineer services, as authorized by 
law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of his determination and 
the reasons therefor.</DELETED>

     <DELETED>Military Construction, Army National Guard</DELETED>

<DELETED>    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $137,603,000, to remain available until September 
30, 2005.</DELETED>

      <DELETED>Military Construction, Air National Guard</DELETED>

<DELETED>    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and administration of the 
Air National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $110,585,000, to remain available until September 
30, 2005.</DELETED>

         <DELETED>Military Construction, Army Reserve</DELETED>

<DELETED>    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $115,854,000, to 
remain available until September 30, 2005.</DELETED>

        <DELETED>Military Construction, Naval Reserve</DELETED>

               <DELETED>(including rescissions)</DELETED>

<DELETED>    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $53,004,000, to remain available until September 
30, 2005: Provided further, That the funds appropriated for ``Military 
Construction, Naval Reserve'' under Public Law 105-45, $2,400,000 is 
hereby rescinded.</DELETED>

      <DELETED>Military Construction, Air Force Reserve</DELETED>

<DELETED>    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and administration of the 
Air Force Reserve as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, $43,748,000, 
to remain available until September 30, 2005.</DELETED>

         <DELETED>North Atlantic Treaty Organization</DELETED>

             <DELETED>Security Investment Program</DELETED>

<DELETED>    For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Program for the 
acquisition and construction of military facilities and installations 
(including international military headquarters) and for related 
expenses for the collective defense of the North Atlantic Treaty Area 
as authorized in Military Construction Authorization Acts and section 
2806 of title 10, United States Code, $177,500,000, to remain available 
until expended.</DELETED>

                <DELETED>Family Housing, Army</DELETED>

<DELETED>    For expenses of family housing for the Army for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration and for operation and maintenance, including 
debt payment, leasing, minor construction, principal and interest 
charges, and insurance premiums, as authorized by law, as follows: for 
Construction, $198,505,000, to remain available until September 30, 
2005; for Operation and Maintenance, and for debt payment, 
$953,744,000; in all $1,152,249,000.</DELETED>

        <DELETED>Family Housing, Navy and Marine Corps</DELETED>

<DELETED>    For expenses of family housing for the Navy and Marine 
Corps for construction, including acquisition, replacement, addition, 
expansion, extension and alteration and for operation and maintenance, 
including debt payment, leasing, minor construction, principal and 
interest charges, and insurance premiums, as authorized by law, as 
follows: for Construction, $419,584,000, to remain available until 
September 30, 2005; for Operation and Maintenance, and for debt 
payment, $879,208,000; in all $1,298,792,000.</DELETED>

              <DELETED>Family Housing, Air Force</DELETED>

<DELETED>    For expenses of family housing for the Air Force for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration and for operation and maintenance, including 
debt payment, leasing, minor construction, principal and interest 
charges, and insurance premiums, as authorized by law, as follows: for 
Construction, $241,384,000, to remain available until September 30, 
2005; for Operation and Maintenance, and for debt payment, 
$820,879,000; in all $1,062,263,000.</DELETED>

            <DELETED>Family Housing, Defense-wide</DELETED>

<DELETED>    For expenses of family housing for the activities and 
agencies of the Department of Defense (other than the military 
departments) for construction, including acquisition, replacement, 
addition, expansion, extension and alteration, and for operation and 
maintenance, leasing, and minor construction, as authorized by law, for 
Operation and Maintenance, $44,886,000.</DELETED>

        <DELETED>Base Realignment and Closure Account</DELETED>

<DELETED>    For deposit into the Department of Defense Base Closure 
Account 1990 established by section 2906(a)(1) of the Department of 
Defense Authorization Act, 1991 (Public Law 101-510), $1,174,369,000, 
to remain available until expended: Provided, That not more than 
$865,318,000 of the funds appropriated herein shall be available solely 
for environmental restoration, unless the Secretary of Defense 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor.</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    Sec. 101. None of the funds appropriated in Military 
Construction Appropriations Acts shall be expended for payments under a 
cost-plus-a-fixed-fee contract for construction, where cost estimates 
exceed $25,000, to be performed within the United States, except 
Alaska, without the specific approval in writing of the Secretary of 
Defense setting forth the reasons therefor.</DELETED>
<DELETED>    Sec. 102. Funds appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles.</DELETED>
<DELETED>    Sec. 103. Funds appropriated to the Department of Defense 
for construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction of 
access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense.</DELETED>
<DELETED>    Sec. 104. None of the funds appropriated in this Act may 
be used to begin construction of new bases inside the continental 
United States for which specific appropriations have not been 
made.</DELETED>
<DELETED>    Sec. 105. No part of the funds provided in Military 
Construction Appropriations Acts shall be used for purchase of land or 
land easements in excess of 100 percent of the value as determined by 
the Army Corps of Engineers or the Naval Facilities Engineering 
Command, except: (1) where there is a determination of value by a 
Federal court; (2) purchases negotiated by the Attorney General or his 
designee; (3) where the estimated value is less than $25,000; or (4) as 
otherwise determined by the Secretary of Defense to be in the public 
interest.</DELETED>
<DELETED>    Sec. 106. None of the funds appropriated in Military 
Construction Appropriations Acts shall be used to: (1) acquire land; 
(2) provide for site preparation; or (3) install utilities for any 
family housing, except housing for which funds have been made available 
in annual Military Construction Appropriations Acts.</DELETED>
<DELETED>    Sec. 107. None of the funds appropriated in Military 
Construction Appropriations Acts for minor construction may be used to 
transfer or relocate any activity from one base or installation to 
another, without prior notification to the Committees on 
Appropriations.</DELETED>
<DELETED>    Sec. 108. No part of the funds appropriated in Military 
Construction Appropriations Acts may be used for the procurement of 
steel for any construction project or activity for which American steel 
producers, fabricators, and manufacturers have been denied the 
opportunity to compete for such steel procurement.</DELETED>
<DELETED>    Sec. 109. None of the funds available to the Department of 
Defense for military construction or family housing during the current 
fiscal year may be used to pay real property taxes in any foreign 
nation.</DELETED>
<DELETED>    Sec. 110. None of the funds appropriated in Military 
Construction Appropriations Acts may be used to initiate a new 
installation overseas without prior notification to the Committees on 
Appropriations.</DELETED>
<DELETED>    Sec. 111. None of the funds appropriated in Military 
Construction Appropriations Acts may be obligated for architect and 
engineer contracts estimated by the Government to exceed $500,000 for 
projects to be accomplished in Japan, in any NATO member country, or in 
countries bordering the Arabian Gulf, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.</DELETED>
<DELETED>    Sec. 112. None of the funds appropriated in Military 
Construction Appropriations Acts for military construction in the 
United States territories and possessions in the Pacific and on 
Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be 
used to award any contract estimated by the Government to exceed 
$1,000,000 to a foreign contractor: Provided, That this section shall 
not be applicable to contract awards for which the lowest responsive 
and responsible bid of a United States contractor exceeds the lowest 
responsive and responsible bid of a foreign contractor by greater than 
20 percent: Provided further, That this section shall not apply to 
contract awards for military construction on Kwajalein Atoll for which 
the lowest responsive and responsible bid is submitted by a Marshallese 
contractor.</DELETED>
<DELETED>    Sec. 113. The Secretary of Defense is to inform the 
appropriate committees of Congress, including the Committees on 
Appropriations, of the plans and scope of any proposed military 
exercise involving United States personnel 30 days prior to its 
occurring, if amounts expended for construction, either temporary or 
permanent, are anticipated to exceed $100,000.</DELETED>
<DELETED>    Sec. 114. Not more than 20 percent of the appropriations 
in Military Construction Appropriations Acts which are limited for 
obligation during the current fiscal year shall be obligated during the 
last 2 months of the fiscal year.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 115. Funds appropriated to the Department of Defense 
for construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.</DELETED>
<DELETED>    Sec. 116. For military construction or family housing 
projects that are being completed with funds otherwise expired or 
lapsed for obligation, expired or lapsed funds may be used to pay the 
cost of associated supervision, inspection, overhead, engineering and 
design on those projects and on subsequent claims, if any.</DELETED>
<DELETED>    Sec. 117. Notwithstanding any other provision of law, any 
funds appropriated to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were appropriated if 
the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 118. During the 5-year period after appropriations 
available to the Department of Defense for military construction and 
family housing operation and maintenance and construction have expired 
for obligation, upon a determination that such appropriations will not 
be necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obligations incurred 
during the period of availability of such appropriations, unobligated 
balances of such appropriations may be transferred into the 
appropriation ``Foreign Currency Fluctuations, Construction, Defense'' 
to be merged with and to be available for the same time period and for 
the same purposes as the appropriation to which transferred.</DELETED>
<DELETED>    Sec. 119. The Secretary of Defense is to provide the 
Committees on Appropriations of the Senate and the House of 
Representatives with an annual report by February 15, containing 
details of the specific actions proposed to be taken by the Department 
of Defense during the current fiscal year to encourage other member 
nations of the North Atlantic Treaty Organization, Japan, Korea, and 
United States allies bordering the Arabian Gulf to assume a greater 
share of the common defense burden of such nations and the United 
States.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 120. During the current fiscal year, in addition to 
any other transfer authority available to the Department of Defense, 
proceeds deposited to the Department of Defense Base Closure Account 
established by section 207(a)(1) of the Defense Authorization 
Amendments and Base Closure and Realignment Act (Public Law 100-526) 
pursuant to section 207(a)(2)(C) of such Act, may be transferred to the 
account established by section 2906(a)(1) of the Department of Defense 
Authorization Act, 1991, to be merged with, and to be available for the 
same purposes and the same time period as that account.</DELETED>
<DELETED>    Sec. 121. (a) No funds appropriated pursuant to this Act 
may be expended by an entity unless the entity agrees that in expending 
the assistance the entity will comply with sections 2 through 4 of the 
Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').</DELETED>
<DELETED>     (b) No funds made available under this Act shall be made 
available to any person or entity who has been convicted of violating 
the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the 
``Buy American Act'').</DELETED>
<DELETED>    Sec. 122. (a) In the case of any equipment or products 
that may be authorized to be purchased with financial assistance 
provided under this Act, it is the sense of the Congress that entities 
receiving such assistance should, in expending the assistance, purchase 
only American-made equipment and products.</DELETED>
<DELETED>     (b) In providing financial assistance under this Act, the 
Secretary of the Treasury shall provide to each recipient of the 
assistance a notice describing the statement made in subsection (a) by 
the Congress.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 123. Subject to 30 days prior notification to the 
Committees on Appropriations, such additional amounts as may be 
determined by the Secretary of Defense may be transferred to the 
Department of Defense Family Housing Improvement Fund from amounts 
appropriated for construction in ``Family Housing'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund: Provided, 
That appropriations made available to the Fund shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense pursuant to the provisions of subchapter IV of 
chapter 169, title 10, United States Code, pertaining to alternative 
means of acquiring and improving military family housing and supporting 
facilities.</DELETED>
<DELETED>    Sec. 124. None of the funds appropriated or made available 
by this Act may be obligated for Partnership for Peace Programs in the 
New Independent States of the former Soviet Union.</DELETED>
<DELETED>    Sec. 125. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing the Secretary of the military department concerned shall submit 
to the congressional defense committees the notice described in 
subsection (b).</DELETED>
<DELETED>    (b)(1) A notice referred to in subsection (a) is a notice 
of any guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under the 
contract involved in the event of--</DELETED>
        <DELETED>    (A) the closure or realignment of the installation 
        for which housing is provided under the contract;</DELETED>
        <DELETED>    (B) a reduction in force of units stationed at 
        such installation; or</DELETED>
        <DELETED>    (C) the extended deployment overseas of units 
        stationed at such installation.</DELETED>
<DELETED>    (2) Each notice under this subsection shall specify the 
nature of the guarantee involved and assess the extent and likelihood, 
if any, of the liability of the Federal Government with respect to the 
guarantee.</DELETED>
<DELETED>    (c) In this section, the term ``congressional defense 
committees'' means the following:</DELETED>
        <DELETED>    (1) The Committee on Armed Services and the 
        Military Construction Subcommittee, Committee on Appropriations 
        of the Senate.</DELETED>
        <DELETED>    (2) The Committee on Armed Services and the 
        Military Construction Subcommittee, Committee on Appropriations 
        of the House of Representatives.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 126. During the current fiscal year, in addition to 
any other transfer authority available to the Department of Defense, 
amounts may be transferred from the account established by section 
2906(a)(1) of the Department of Defense Authorization Act, 1991, to the 
fund established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program. Any amounts 
transferred shall be merged with and be available for the same purposes 
and for the same time period as the fund to which 
transferred.</DELETED>
<DELETED>    Sec. 127. Notwithstanding this or any other provision of 
law, funds appropriated in Military Construction Appropriations Acts 
for operations and maintenance of family housing shall be the exclusive 
source of funds for repair and maintenance of all family housing units, 
including flag and general officer quarters: Provided, That not more 
than $25,000 per unit may be spent annually for the maintenance and 
repair of any general or flag officer quarters without 30 days advance 
prior notification of the appropriate committees of Congress: Provided 
further, That the Under Secretary of Defense (Comptroller) is to report 
annually to the Committees on Appropriations all operations and 
maintenance expenditures for each individual flag and general officer 
quarters for the prior fiscal year.</DELETED>
<DELETED>    Sec. 128. The Army, Navy, Marine Corps, and Air Force are 
directed to submit to the appropriate committees of the Congress by 
July 1, 2001, a Family Housing Master Plan demonstrating how they plan 
to meet the year 2010 housing goals with traditional construction, 
operation and maintenance support, as well as privatization initiative 
proposals. Each plan shall include projected life cycle costs for 
family housing construction, basic allowance for housing, operation and 
maintenance, other associated costs, and a time line for housing 
completions each year.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 129. During fiscal year 2001, in addition to any 
other transfer authority available to the Department of Defense, funds 
appropriated in the Military Construction Appropriations Act, 2000 
(Public Law 106-52; 113 Stat. 259) under the heading ``Military 
Construction, Naval Reserve'' and still unobligated may be transferred 
to the account for ``Military Construction, Navy''. Amounts transferred 
under this section shall be merged with, and be available for the same 
period as, the amounts in the account to which transferred and shall be 
available to construct, under the authority of section 2805 of title 
10, United States Code, an elevated water storage tank at the Naval 
Support Activity Midsouth, Millington, Tennessee.</DELETED>
<DELETED>    Sec. 130. Notwithstanding any other provision of law, the 
Secretary of the Navy is authorized to use funds received pursuant to 
section 2601 of title 10, United States Code, for the construction, 
improvement, repair, and maintenance of the historic residences located 
at Marine Corps Barracks, 8th and I Streets, Washington, D.C.: 
Provided, That the Secretary notifies the appropriate committees of 
Congress 30 days in advance of the intended use of such 
funds.</DELETED>
<DELETED>    This Act may be cited as the ``Military Construction 
Appropriations Act, 2001''.</DELETED>

                               DIVISION A

    That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for military construction, family 
housing, and base realignment and closure functions administered by the 
Department of Defense, for the fiscal year ending September 30, 2001, 
and for other purposes, namely:

                      Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $823,503,000, to remain available 
until September 30, 2005: Provided, That of this amount, not to exceed 
$84,706,000 shall be available for study, planning, design, architect 
and engineer services, and host nation support, as authorized by law, 
unless the Secretary of Defense determines that additional obligations 
are necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of his determination and the 
reasons therefor.

                      Military Construction, Navy

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy as currently authorized by law, 
including personnel in the Naval Facilities Engineering Command and 
other personal services necessary for the purposes of this 
appropriation, $828,278,000, to remain available until September 30, 
2005: Provided, That of this amount, not to exceed $71,000,000 shall be 
available for study, planning, design, architect and engineer services, 
as authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of his 
determination and the reasons therefor.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $777,793,000, to remain available until September 30, 2005: 
Provided, That of this amount, not to exceed $69,337,000 shall be 
available for study, planning, design, architect and engineer services, 
as authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of his 
determination and the reasons therefor.

                  Military Construction, Defense-wide

                     (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$801,098,000, to remain available until September 30, 2005: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as he may designate, to be merged with and to be available for 
the same purposes, and for the same time period, as the appropriation 
or fund to which transferred: Provided further, That of the amount 
appropriated, not to exceed $163,700,000 shall be available for study, 
planning, design, architect and engineer services, as authorized by 
law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of his determination and 
the reasons therefor.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $233,675,000, to remain available until September 
30, 2005.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $183,029,000, to remain available until September 
30, 2005.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $99,888,000, to 
remain available until September 30, 2005.

                  Military Construction, Naval Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $38,532,000, to remain available until September 
30, 2005.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $25,533,000, to 
remain available until September 30, 2005.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized in 
Military Construction Authorization Acts and section 2806 of title 10, 
United States Code, $175,000,000, to remain available until expended.

                          Family Housing, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration and for operation and maintenance, including debt payment, 
leasing, minor construction, principal and interest charges, and 
insurance premiums, as authorized by law, as follows: for Construction, 
$221,106,000, to remain available until September 30, 2005; for 
Operation and Maintenance, and for debt payment, $958,364,000; in all 
$1,179,470,000.

                 Family Housing, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration and for operation and maintenance, including 
debt payment, leasing, minor construction, principal and interest 
charges, and insurance premiums, as authorized by law, as follows: for 
Construction, $392,765,000, to remain available until September 30, 
2005; for Operation and Maintenance, and for debt payment, 
$881,567,000; in all $1,274,332,000.

                       Family Housing, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration and for operation and maintenance, including debt payment, 
leasing, minor construction, principal and interest charges, and 
insurance premiums, as authorized by law, as follows: for Construction, 
$227,242,000, to remain available until September 30, 2005; for 
Operation and Maintenance, and for debt payment, $820,879,000; in all 
$1,048,121,000.

                      Family Housing, Defense-wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration, and for operation and maintenance, leasing, 
and minor construction, as authorized by law, for Operation and 
Maintenance, $44,886,000.

             Base Realignment and Closure Account, Part IV

    For deposit into the Department of Defense Base Closure Account 
1990 established by section 2906(a)(1) of the Department of Defense 
Authorization Act, 1991 (Public Law 101-510), $1,174,369,000, to remain 
available until expended: Provided, That not more than $865,318,000 of 
the funds appropriated herein shall be available solely for 
environmental restoration, unless the Secretary of Defense determines 
that additional obligations are necessary for such purposes and 
notifies the Committees on Appropriations of both Houses of Congress of 
his determination and the reasons therefor.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in Military Construction 
Appropriations Acts shall be expended for payments under a cost-plus-a-
fixed-fee contract for construction, where cost estimates exceed 
$25,000, to be performed within the United States, except Alaska, 
without the specific approval in writing of the Secretary of Defense 
setting forth the reasons therefor.
    Sec. 102. Funds appropriated to the Department of Defense for 
construction shall be available for hire of passenger motor vehicles.
    Sec. 103. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction of 
access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense.
    Sec. 104. None of the funds appropriated in this Act may be used to 
begin construction of new bases inside the continental United States 
for which specific appropriations have not been made.
    Sec. 105. No part of the funds provided in Military Construction 
Appropriations Acts shall be used for purchase of land or land 
easements in excess of 100 percent of the value as determined by the 
Army Corps of Engineers or the Naval Facilities Engineering Command, 
except: (1) where there is a determination of value by a Federal court; 
(2) purchases negotiated by the Attorney General or his designee; (3) 
where the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106. None of the funds appropriated in Military Construction 
Appropriations Acts shall be used to: (1) acquire land; (2) provide for 
site preparation; or (3) install utilities for any family housing, 
except housing for which funds have been made available in annual 
Military Construction Appropriations Acts.
    Sec. 107. None of the funds appropriated in Military Construction 
Appropriations Acts for minor construction may be used to transfer or 
relocate any activity from one base or installation to another, without 
prior notification to the Committees on Appropriations.
    Sec. 108. No part of the funds appropriated in Military 
Construction Appropriations Acts may be used for the procurement of 
steel for any construction project or activity for which American steel 
producers, fabricators, and manufacturers have been denied the 
opportunity to compete for such steel procurement.
    Sec. 109. None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110. None of the funds appropriated in Military Construction 
Appropriations Acts may be used to initiate a new installation overseas 
without prior notification to the Committees on Appropriations.
    Sec. 111. None of the funds appropriated in Military Construction 
Appropriations Acts may be obligated for architect and engineer 
contracts estimated by the Government to exceed $500,000 for projects 
to be accomplished in Japan, in any NATO member country, or in 
countries bordering the Arabian Gulf, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.
    Sec. 112. None of the funds appropriated in Military Construction 
Appropriations Acts for military construction in the United States 
territories and possessions in the Pacific and on Kwajalein Atoll, or 
in countries bordering the Arabian Gulf, may be used to award any 
contract estimated by the Government to exceed $1,000,000 to a foreign 
contractor: Provided, That this section shall not be applicable to 
contract awards for which the lowest responsive and responsible bid of 
a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 percent: 
Provided further, That this section shall not apply to contract awards 
for military construction on Kwajalein Atoll for which the lowest 
responsive and responsible bid is submitted by a Marshallese 
contractor.
    Sec. 113. The Secretary of Defense is to inform the appropriate 
committees of Congress, including the Committees on Appropriations, of 
the plans and scope of any proposed military exercise involving United 
States personnel 30 days prior to its occurring, if amounts expended 
for construction, either temporary or permanent, are anticipated to 
exceed $100,000.
    Sec. 114. Not more than 20 percent of the appropriations in 
Military Construction Appropriations Acts which are limited for 
obligation during the current fiscal year shall be obligated during the 
last 2 months of the fiscal year.

                          (transfer of funds)

    Sec. 115. Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 116. For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117. Notwithstanding any other provision of law, any funds 
appropriated to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were appropriated if 
the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.

                          (transfer of funds)

    Sec. 118. During the 5-year period after appropriations available 
to the Department of Defense for military construction and family 
housing operation and maintenance and construction have expired for 
obligation, upon a determination that such appropriations will not be 
necessary for the liquidation of obligations or for making authorized 
adjustments to such appropriations for obligations incurred during the 
period of availability of such appropriations, unobligated balances of 
such appropriations may be transferred into the appropriation ``Foreign 
Currency Fluctuations, Construction, Defense'' to be merged with and to 
be available for the same time period and for the same purposes as the 
appropriation to which transferred.
    Sec. 119. The Secretary of Defense is to provide the Committees on 
Appropriations of the Senate and the House of Representatives with an 
annual report by February 15, containing details of the specific 
actions proposed to be taken by the Department of Defense during the 
current fiscal year to encourage other member nations of the North 
Atlantic Treaty Organization, Japan, Korea, and United States allies 
bordering the Arabian Gulf to assume a greater share of the common 
defense burden of such nations and the United States.

                          (transfer of funds)

    Sec. 120. During the current fiscal year, in addition to any other 
transfer authority available to the Department of Defense, proceeds 
deposited to the Department of Defense Base Closure Account established 
by section 207(a)(1) of the Defense Authorization Amendments and Base 
Closure and Realignment Act (Public Law 100-526) pursuant to section 
207(a)(2)(C) of such Act, may be transferred to the account established 
by section 2906(a)(1) of the Department of Defense Authorization Act, 
1991, to be merged with, and to be available for the same purposes and 
the same time period as that account.
    Sec. 121. None of the funds appropriated or made available by this 
Act may be obligated for Partnership for Peace Programs in the New 
Independent States of the former Soviet Union.
    Sec. 122. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing the Secretary of the military department concerned shall submit 
to the congressional defense committees the notice described in 
subsection (b).
    (b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under the 
contract involved in the event of--
            (A) the closure or realignment of the installation for 
        which housing is provided under the contract;
            (B) a reduction in force of units stationed at such 
        installation; or
            (C) the extended deployment overseas of units stationed at 
        such installation.
    (2) Each notice under this subsection shall specify the nature of 
the guarantee involved and assess the extent and likelihood, if any, of 
the liability of the Federal Government with respect to the guarantee.
    (c) In this section, the term ``congressional defense committees'' 
means the following:
            (1) The Committee on Armed Services and the Military 
        Construction Subcommittee, Committee on Appropriations of the 
        Senate.
            (2) The Committee on Armed Services and the Military 
        Construction Subcommittee, Committee on Appropriations of the 
        House of Representatives.

                          (transfer of funds)

    Sec. 123. During the current fiscal year, in addition to any other 
transfer authority available to the Department of Defense, amounts may 
be transferred from the account established by section 2906(a)(1) of 
the Department of Defense Authorization Act, 1991, to the fund 
established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program. Any amounts 
transferred shall be merged with and be available for the same purposes 
and for the same time period as the fund to which transferred.
    Sec. 124. Notwithstanding this or any other provision of law, funds 
appropriated in Military Construction Appropriations Acts for 
operations and maintenance of family housing shall be the exclusive 
source of funds for repair and maintenance of all family housing units, 
including flag and general officer quarters: Provided, That not more 
than $25,000 per unit may be spent annually for the maintenance and 
repair of any general or flag officer quarters without 30 days advance 
prior notification of the appropriate committees of Congress: Provided 
further, That beginning January 15, 2000 the Under Secretary of Defense 
(Comptroller) is to report annually to the Committees on Appropriations 
all operations and maintenance expenditures for each individual flag 
and general officer quarters for the prior fiscal year.
    Sec. 125. Of the funds provided in previous Military Construction 
Appropriations Acts, amounts only associated with unobligated balances 
are hereby rescinded from the following accounts in the specified 
amounts:
            ``Military Construction, Army'', $3,369,000;
            ``Military Construction, Navy'', $23,120,000;
            ``Military Construction, Air Force'', $4,669,000;
            ``Military Construction, Defense-Wide'', $17,819,000;
            ``Family Housing, Army'', $1,627,000;
            ``Family Housing, Navy'', $18,352,000; and
            ``Family Housing, Air Force'', $4,551,000.
    Sec. 126. During the current fiscal year, in addition to any other 
transfer authority available to the Department of Defense, funds 
appropriated in Public Law 106-52 within the ``Military Construction, 
Naval Reserve'' account may be transferred to the fund for ``Military 
Construction, Navy'' account to be made available to construct, under 
the authority of 10 U.S.C. 2805, an elevated water storage tank at the 
Navy Air Station, Memphis, Tennessee. Any amounts transferred shall be 
merged with and be available for the same time period and for the same 
purpose as the appropriation to which transferred.
    Sec. 127. (a) The Secretary of the Army may accept funds from the 
Federal Highway Administration, or the State of Kentucky, and credit 
them to the appropriate Department of the Army accounts for the purpose 
of funding all costs associated with the realignment, requested by the 
State of Kentucky, of the military construction project involving a 
rail connector located at Fort Campbell, Kentucky, authorized in 
section 2101(a) of the Military Construction Authorization Act for 
Fiscal Year 1997 (Public Law 104-201), 110 Stat. 2763.
    (b) The Secretary may use the funds accepted for the realignment, 
in addition to funds authorized and appropriated for the rail connector 
project, notwithstanding the amount authorized in section 2101(a) of 
Public Law 104-201. The funds accepted shall remain available until 
expended.
    (c) The costs associated with the realignment of the rail connector 
project include but are not limited to redesign costs, additional 
construction costs, additional costs due to construction delays related 
to the realignment, and additional real estate costs.
    (d) The authority provided in this section shall be effective upon 
the date of enactment of this Act.

                               DIVISION B

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2000, and for other purposes, namely:

                                TITLE I

                            COUNTERNARCOTICS

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$30,000,000, to remain available for obligation until September 30, 
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: 
Provided further, That the entire amount provided shall be available 
only to the extent an official budget request that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $85,700,000, to remain available for obligation 
until expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the Secretary of Defense may transfer 
the funds provided herein only to appropriations for military 
personnel; operation and maintenance; procurement; research, 
development, test and evaluation; and working capital funds: Provided 
further, That the funds transferred shall be merged with and shall be 
available for the same purposes and for the same time period, as the 
appropriation to which transferred: Provided further, That the transfer 
authority provided under this heading is in addition to any other 
transfer authority available to the Department of Defense: Provided 
further, That no funds made available under this heading may be 
obligated or expended for training, logistics support, planning or 
assistance contracts for any overseas activity until 15 days after the 
Assistant Secretary of Defense, Special Operations and Low-Intensity 
Conflict reports to the congressional defense committees on the value, 
duration and purpose of such contracts.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 101. (a) Authority To Provide Support.--Of the amount 
appropriated in this Act for the Department of Defense, not to exceed 
$45,000,000 shall be available for the provision of support for 
counter-drug activities of the Government of Colombia. The support 
provided under this section shall be in addition to support provided 
for counter-drug activities of the Government of Colombia under any 
other provision of law: Provided further, That no funds made available 
under this heading may be obligated or expended for training, logistics 
support, planning or assistance contracts for any overseas activity 
until 15 days after the Assistant Secretary of Defense, Special 
Operations and Low-Intensity Conflict reports to the congressional 
defense committees on the value, duration and purpose of such 
contracts.
    (b) Types of Support.--The support that may be provided using this 
section shall be limited to the types of support specified in section 
1033(c)(1) of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1882).
    (c) Conditions on Provision of Support.--(1) The Secretary of 
Defense may not obligate or expend funds appropriated in this Act to 
provide support under this section for counter-drug activities of the 
Government of Colombia until the end of the 20-day period beginning on 
the date on which the Secretary submits the written certification for 
fiscal year 2000 pursuant to section 1033(f)(1) of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 
1882).
    (2) The elements of the written certification submitted for fiscal 
year 2000 described in section 1033(g) of that Act shall apply to, and 
the written certification shall address, the support provided under 
this section for counter-drug activities of the Government of Colombia.

                               CHAPTER 2

                  Military Construction, Defense-Wide

    Notwithstanding any other provision of law, for an additional 
amount for ``Military Construction, Defense-Wide,'' $116,523,000, to 
remain available until September 30, 2004: Provided, That such amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the entire 
amount shall be available only to the extent that an official budget 
request for $116,523,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                    GENERAL PROVISION--THIS CHAPTER

    Sec. 201. (a) Not later than 60 days after the date of enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on construction, security and operation of 
Forward Operating Locations (FOL) in Manta, Ecuador, Aruba and Curacao.
    (b) The report required by subsection (a) shall address the 
following: (1) a schedule for making each Forward Operating Location 
(FOL) fully operational, including cost estimates, time line of 
contracting and construction with completion dates, a description of 
the potential capabilities for each proposed location and an 
explanation of how the FOL architecture fits into the overall counter-
drug strategy; (2) a plan that identifies the operating requirements at 
FOL for the United States Coast Guard, United States Customs Service, 
Drug Enforcement Administration, Intelligence community and the 
Department of Defense and how these requirements will be addressed; (3) 
a security plan to ensure that FOL facilities and personnel working at 
these sites are safeguarded from outside threats; and (4) a safety plan 
to ensure operations conducted at FOLs are in accordance with standard 
operating procedures.
    (c) Funds made available under this Act may not be provided unless 
all reporting requirements in subsection (b) have been met.

                               CHAPTER 3

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

                           operating expenses

    For an additional amount for ``Operating Expenses'', $262,446,000 
to remain available until September 30, 2001: Provided, That $5,000,000 
shall be available for the 4.8 percent increase in military basic pay: 
Provided further, That $18,000,000 shall be available for costs related 
to the delivery of health care to Coast Guard personnel, retirees, and 
their dependents: Provided further, That $15,000,000 shall be available 
for Basic Allowance for Housing: Provided further, That $2,000,000 
shall be available for the Military Housing Areas cost of living 
adjustment: Provided further, That $15,000,000 shall be available for 
recruiting and retention bonuses: Provided further, That $1,000,000 
shall be available for fixed wing aviator retention bonuses: Provided 
further, That $8,000,000 shall be available for advertising and other 
costs related to recruiting: Provided further, That $64,446,000 shall 
be available for aviation spare parts and maintenance: Provided 
further, That $15,000,000 shall be available for shore facility 
maintenance: Provided further, That $22,000,000 shall be available for 
electronic equipment repair and replacement: Provided further, That 
$22,000,000 shall be available for vessel spare parts and maintenance: 
Provided further, That $46,000,000 shall be available for operational 
fuel: Provided further, That $29,000,000 shall be available for 
programmed flight hours: Provided further, That priority for use of 
these funds should be for enhancing drug interdiction activities, but 
shall not require the Coast Guard to close stations and utilize 
remaining assets only for emergency situations; reduce the number of 
personnel of an already streamlined workforce; curtail Coast Guard 
capacity to carry out emergency search and rescue; or reduce operations 
in a manner that would have a detrimental impact on the sustainability 
of valuable fish stocks in the North Atlantic and Pacific Northwest and 
the Coast Guard's capacity to stem the flow of illegal migration: 
Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That these funds shall be available only to the 
extent an official budget request for a specific dollar amount, that 
includes designation of the entire amount as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, and is transmitted by the President to the Congress.

              acquisition, construction, and improvements

    For an additional amount for acquisition, construction, renovation, 
and improvement of facilities and equipment, to be available for 
expansion of Coast Guard drug interdiction activities, $542,859,000, to 
remain available until expended and to be distributed as follows:
            Acquisition and construction of vessels authorized under 
        section 812(b) of the Western Hemisphere Drug Elimination Act, 
        $32,000,000;
            Acquisition of electronic sensors for Coast Guard cutters 
        and boats, including electro-optical/infrared (EO/IR) systems 
        as authorized under section 812(b) of the Western Hemisphere 
        Drug Elimination Act, $12,000,000;
            Acquisition of commercial satellite communications upgrade, 
        $5,459,000;
            Acquisition of five over-the-horizon cutter boats, 
        $7,500,000;
            Acquisition and installation of C-130 night vision 
        equipment, $10,000,000;
            Acquisition of replacement forward looking infrared (FLIR) 
        systems for H-60 aircraft, $7,900,000;
            Acquisition of six C-130J long-range maritime patrol 
        aircraft authorized under section 812(G) of the Western 
        Hemisphere Drug Elimination Act that are capable of meeting 
        defense-related and other elements of the Coast Guard's multi-
        mission requirements, $468,000,000:
Provided, That the procurement of maritime patrol aircraft funded under 
this heading shall not, in any way, influence the procurement strategy, 
program requirements, or down-select decision pertaining to the Coast 
Guard's Deepwater Capability Replacement Project: Provided further, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent that an 
official budget request for a specific dollar amount, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                            reserve training

    For an additional amount for operating, maintenance, and training 
expenses of the Coast Guard Reserve, including supplies, equipment and 
services, $3,750,000: Provided, That none of these funds may be 
transferred to Coast Guard ``Operating expenses'' or otherwise made 
available to reimburse the Coast Guard for financial support of the 
Coast Guard Reserves: Provided further, That priority for use of these 
funds should be for enhancing drug interdiction activities conducted by 
the Coast Guard Reserves, but shall not require the Coast Guard to 
close stations and utilize remaining assets only for emergency 
situations; reduce the number of personnel of an already streamlined 
workforce; curtail Coast Guard capacity to carry out emergency search 
and rescue; or reduce operations in a manner that would have a 
detrimental impact on the sustainability of valuable fish stocks in the 
North Atlantic and Pacific Northwest and the Coast Guard's capacity to 
stem the flow of illegal migration: Provided further, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress.

                                TITLE II

 PEACEKEEPING OPERATIONS IN KOSOVO AND OTHER NATIONAL SECURITY MATTERS

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$23,883,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$20,565,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.
    Out of any money in the Treasury not otherwise appropriated, there 
is appropriated for the fiscal year ending September 30, 2000, for 
expenses, not otherwise provided for, necessary for the operation and 
maintenance of the Navy and the Marine Corps, as authorized by law, 
$220,000,000: Provided, That the amount made available by this heading 
shall be available for ship depot maintenance; Provided further, That 
the entire amount made available by this heading is designated as an 
emergency requirement under section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $37,155,000: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $38,065,000: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That of the funds appropriated 
under this heading, $8,000,000 shall be made available only for use in 
federally owned educational facilities located on military 
installations for the purpose of transferring title of such facilities 
to the local educational authorities.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For necessary expenses to provide assistance to Vieques, Puerto 
Rico, $40,000,000, to remain available until September 30, 2003: 
Provided, That such funds shall be in addition to amounts otherwise 
available for such purposes: Provided further, That the Secretary of 
Defense may transfer funds to any agency or office of the United States 
Government in order to implement the projects for which funds are 
provided under this heading thirty days after the Director of the 
Office of Management and Budget notifies the House and Senate 
Committees on Appropriations of each proposed transfer: Provided 
further, that each notification transmitted to the Committees shall 
identify the specific amount, recipient agency and purpose for which 
such transfer is proposed: Provided further, That appropriations made 
available under this heading may be transferred and obligated for the 
following purposes: a study of the health of Vieques residents; fire-
fighting related equipment and facilities at Antonio Rivera Rodriguez 
Airport; construction or refurbishment of a commercial ferry pier and 
terminal and associated navigational improvements; establishment and 
construction of an artificial reef; reef conservation, restoration, and 
management activities; payments to registered Vieques commercial 
fishermen of an amount determined by the National Marine Fisheries 
Service for each day they are unable to use existing waters because the 
Navy is conducting training; expansion and improvement of major cross-
island roadways and bridges; an apprenticeship/training program for 
young adults; preservation and protection of natural resources; an 
economic development office and economic development activities; and 
conducting a referendum among the residents of Vieques regarding 
further use of the island for military training programs: Provided 
further, That for purposes of providing assistance to Vieques, any 
agency or office of the United States Government to which these funds 
are transferred may utilize, in addition to any authorities available 
in this paragraph, any authorities available to that agency or office 
for carrying out related activities, including utilization of such 
funds for administrative expenses: Provided further, That any amounts 
transferred to the Department of Housing and Urban Development, 
``Community development block grants'', shall be available only for 
assistance to Vieques, notwithstanding section 106 of the Housing and 
Community Development Act of 1974: Provided further, That the 
Department of Commerce may make direct payments to registered Vieques 
commercial fishermen: Provided further, That the Department of the Navy 
may provide fire-fighting training and funds provided in this paragraph 
may be used to provide fire-fighting related facilities at the Antonio 
Rivera Rodriguez Airport: Provided further, That funds made available 
under this heading may be transferred to the Army Corps of Engineers to 
construct or modify a commercial ferry pier and terminal and associated 
navigational improvements: Provided further, That except for amounts 
provided for the health study, fire-fighting related equipment and 
facilities, and certain activities in furtherance of the preservation 
and protection of natural resources, funds provided in this paragraph 
shall not become available until thirty days after the Secretary of the 
Navy has certified to the congressional defense committees that the 
integrity and accessibility of the training range is uninterrupted, and 
trespassing and other intrusions on the range have ceased: Provided 
further, That the Secretary of the Navy shall recertify to the 
congressional defense committees the status of the range ninety days 
after the initial certification, and each ninety days thereafter: 
Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $2,174,000: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $2,851,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

    For an additional amount for the ``Overseas Contingency Operations 
Transfer Fund'', $1,850,400,000, to remain available until expended: 
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the Secretary of Defense may transfer the funds provided 
herein only to appropriations for military personnel; operation and 
maintenance, including Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; the Defense 
Health Program; and working capital funds: Provided further, That the 
funds transferred shall be merged with and shall be available for the 
same purposes and for the same time period, as the appropriation to 
which transferred: Provided further, That the transfer authority 
provided in this paragraph is in addition to any other transfer 
authority available to the Department of Defense: Provided further, 
That upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation: 
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 
Contingency 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.

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

           Research, Development, Test, and Evaluation, Army

    For an additional amount for ``Research, Development, Test, and 
Evaluation, Army'', $5,700,000 for continued 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 requirement 
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 Program'', 
$3,533,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 2101. (a) Minimum Rates of Basic Allowance for Housing for 
Members of the Uniformed Services.--During the period beginning on 
January 1, 2000, and ending on September 30, 2001 (or such earlier date 
as the Secretary of Defense considers appropriate), a member of the 
uniformed services entitled to a basic allowance for housing for a 
military housing area in the United States shall be paid the allowance 
at a monthly rate not less than the rate in effect on December 31, 
1999, in that area for members serving in the same pay grade and with 
the same dependency status as the member.
    (b) Annual Limitation on Allowance.--In light of the rates for the 
basic allowance for housing authorized by subsection (a), the Secretary 
of Defense may exceed the limitation on the total amount paid during 
fiscal year 2000 and 2001 for the basic allowance for housing in the 
United States otherwise applicable under section 403(b)(3) of title 37, 
United States Code.

                     (including transfer of funds)

    Sec. 2102. In addition to amounts appropriated or otherwise made 
available elsewhere in this Act for the Department of Defense or in the 
Department of Defense Appropriations Act, 2000 (Public Law 106-79), 
$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 collections from the ``Defense-Wide Working 
Capital Fund'' not later than September 30, 2001 to the operation and 
maintenance; research, development, test and evaluation; and working 
capital funds: Provided further, That the transfer authority provided 
in this section is in addition to the transfer authority provided to 
the Department of Defense in this Act or any other Act: Provided 
further, That the entire amount made available in this section is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.
    Sec. 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 ``Defense 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 programs of the Department of Defense: Provided, 
That there is hereby appropriated for fiscal year 2000, in addition to 
other amounts appropriated for such fiscal year by other provisions of 
this Act, $5,000,000 for Operation and Maintenance, Army, for carrying 
out the biometrics assurance programs and for continuing the biometrics 
information assurance programs of the Information System Security 
Program: Provided further, That there is hereby appropriated for fiscal 
year 2000, in addition to other amounts appropriated for such fiscal 
year by other provisions of this Act, $1,000,000 for Operation and 
Maintenance, Navy, and $1,000,000 for Operation and Maintenance, Air 
Force, for carrying out the biometrics assurance programs with the 
Army, as Executive Agent, to lead, consolidate, and coordinate such 
programs: Provided further, That the total amount made available under 
this section is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent that an official 
budget request that includes designation of the entire amount 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. 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 Appropriations Act, 2000 (Public Law 106-79), 
$125,000,000 is hereby appropriated to the Department of Defense to 
remain available until September 30, 2002, to be available only for the 
Patriot missile program: Provided, That not later than 30 days after 
the enactment of this Act the Department shall submit a revised Patriot 
missile program plan to the congressional defense committees: Provided 
further, That the entire amount made available in this section is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the entire 
amount shall be available only to the extent that an official budget 
request that includes designation of the entire amount of the request 
as an emergency requirement as defined 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 hereby appropriated to be 
available only for Operation Walking Shield for technical assistance 
and transportation of excess housing to Indian tribes located in the 
States of North Dakota, South Dakota, Montana and Minnesota, in 
accordance with section 8155 of Public Law 106-79: 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: Provided further, That the entire amount shall be available 
only to the extent that an official budget request that includes 
designation of the entire amount as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.
    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 Appropriations Act, 2000 (Public Law 106-79), 
there is hereby appropriated to the Department of Defense, for the cost 
of peacekeeping and humanitarian assistance operations in East Timor 
and Mozambique, $61,500,000, to be distributed as follows:
            ``Operation and Maintenance, Navy'', $6,400,000;
            ``Operation and Maintenance, Marine Corps'', $8,100,000; 
        and
            ``Operation and Maintenance, Air Force'', $47,000,000:
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.
    Sec. 2108. (a) Transfer of Funds.--Notwithstanding any other 
provision of law, of the funds appropriated by title II of the 
Department of Defense Appropriations Act, 2000 (Public Law 106-79) 
under the heading ``Operation and Maintenance, Defense-Wide'', 
$9,642,000 shall be transferred to the Macalloy Special Account 
administered by the Administrator of the Environmental Protection 
Agency to pay for response actions by, or on behalf of, the 
Environmental Protection Agency under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) at the Macalloy site in Charleston, South Carolina.
    (b) Treatment of Funds.--Any of the funds transferred pursuant to 
subsection (a) that are used to pay for response actions at the 
Macalloy site shall be credited against any liability of the United 
States with respect to the site under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980.
    Sec. 2109. (a) All funds appropriated by this or any other Act for 
LHD-8 shall be made available for obligation 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, advanced procurement, 
and advanced construction of components 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 infrastructure, logistical support, 
resources and operational assistance required by the Salt Lake 
Organizing Committee to stage the 2002 Olympic and Paralympic Winter 
Games, such sums to remain available until expended: Provided, That the 
entire amount shall be available only to the extent an official budget 
request is submitted that includes designation of the entire amount of 
the request as an emergency requirement as defined by the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.
    Sec. 2111. The Ballistic Missile Defense Organization and its 
subordinate offices and associated contractors, including the Lead 
Systems Integrator, shall notify the congressional 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: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the entire 
amount shall be available only to the extent an official budget request 
for $221,000,000 that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress.

                        Other Defense Activities

    For an additional amount for ``Other defense activities'', 
$12,000,000, to remain available until expended: Provided, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent an official budget 
request for $12,000,000 that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                               CHAPTER 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 designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent an 
official budget request for $1,000,000 that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

               Military Construction, Army National Guard

    For an additional amount for ``Military Construction, Army National 
Guard'' to cover the incremental costs arising 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: 
Provided, That such amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the extent 
that an official budget request for $9,145,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                  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 authorized by section 2854 of title 
10, United States Code, to remain available until September 30, 2004: 
Provided, That such amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the extent 
an official budget request for $12,348,000 that includes designation of 
the entire amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 2301. In addition to amounts appropriated or otherwise made 
available in the Military Construction Appropriations Act, 2000, 
$4,700,000 is hereby appropriated to the Department of Defense, to 
cover incremental Operation and Maintenance costs to family housing, as 
authorized by section 2854 of title 10, United States Code, as follows:
            ``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 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 $4,700,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.
    Sec. 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 maintenance 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 capital asset management and greater 
reliance on the public or private sector for less-costly base support 
services, where available. The section supersedes, and shall be used in 
lieu of the authority provided in, section 8168 of the Department of 
Defense Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1277).
    (b) Authority.--(1) Subject to paragraph (4), the Secretary of the 
Air Force may carry out at Brooks Air Force Base, Texas, a 
demonstration project to be known as the ``Base Efficiency Project'' to 
improve mission effectiveness and reduce the cost of providing quality 
installation support at Brooks Air Force Base.
    (2) The Secretary may carry out the Project in consultation with 
the Community to the extent the Secretary determines such consultation 
is necessary and appropriate.
    (3) The authority provided in this section is in addition to any 
other authority vested in or delegated to the Secretary, and the 
Secretary may exercise any authority or combination of authorities 
provided under this section or elsewhere to carry out the purposes of 
the Project.
    (4) The Secretary may not exercise any authority under this section 
until after the end of the 30-day period beginning on the date the 
Secretary submits to the appropriate committees of the Congress a 
master plan for the development of the Base.
    (c) Efficient Practices.--(1) The Secretary may convert services at 
or for the benefit of the Base from accomplishment by military 
personnel or by Departmental civilian employees (appropriated fund or 
non-appropriated fund), to services performed by contract or provided 
as consideration for the lease, sale, or other conveyance or transfer 
of property.
    (2) Notwithstanding section 2462 of title 10, United States Code, a 
contract for services may be awarded based on ``best value'' if the 
Secretary determines that the award will advance the purposes of a 
joint activity conducted under the project and is in the best interest 
of the Department.
    (3) Notwithstanding that such services are generally funded by 
local and State taxes and provided without specific charge to the 
public at large, the Secretary may contract for public services at or 
for the benefit of the Base in exchange for such consideration, if any, 
the Secretary determines to be appropriate.
    (4)(A) The Secretary may conduct joint activities with the 
Community, the State, and any private parties or entities on or for the 
benefit of the Base.
    (B) Payments or reimbursements received from participants for their 
share of direct and indirect costs of joint activities, including the 
costs of providing, operating, and maintaining facilities, shall be in 
an amount and type determined to be adequate and appropriate by the 
Secretary.
    (C) Such payments or reimbursements received by the Department 
shall be deposited into the Project Fund.
    (d) Lease Authority.--(1) The Secretary may lease real or personal 
property located on the Base and not required at other Air Force 
installations to any lessee upon such terms and conditions as the 
Secretary considers appropriate and in the interest of the United 
States, if the Secretary determines that the lease would facilitate the 
purposes of the Project.
    (2) Consideration for a lease under this subsection shall be 
determined in accordance with subsection (g).
    (3) A lease under this subsection--
            (A) may be for such period as the Secretary determines is 
        necessary to accomplish the goals of the Project; and
            (B) may give the lessee the first right to purchase the 
        property at fair market value if the lease is terminated to 
        allow the United States to sell the property under any other 
        provision of law.
    (4)(A) The interest of a lessee of property leased under this 
subsection may be taxed by the State or the Community.
    (B) A lease under this subsection shall provide that, if and to the 
extent that the leased property is later made taxable by State 
governments or local governments under Federal law, the lease shall be 
renegotiated.
    (5) The Department may furnish a lessee with utilities, custodial 
services, and other base operation, maintenance, or support services 
performed by Department civilian or contract employees, in exchange for 
such consideration, payment, or reimbursement as the Secretary 
determines appropriate.
    (6) All amounts received from leases under this subsection shall be 
deposited into the Project Fund.
    (7) A lease under this subsection shall not be subject to the 
following provisions of law:
            (A) Section 2667 of title 10, United States Code, other 
        than subsection (b)(1) of that section.
            (B) Section 321 of the Act of June 30, 1932 (40 U.S.C. 
        303b).
            (C) The Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 471 et seq.).
    (e) Property Disposal.--(1) The Secretary may sell or otherwise 
convey or transfer real and personal property located at the Base to 
the Community or to another public or private party during the Project, 
upon such terms and conditions as the Secretary considers appropriate 
for purposes of the Project.
    (2) Consideration for a sale or other conveyance or transfer of 
property under this subsection shall be determined in accordance with 
subsection (g).
    (3) The sale or other conveyance or transfer of property under this 
subsection shall not be subject to the following provisions of law:
            (A) Section 2693 of title 10, United States Code.
            (B) The Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 471 et seq.).
    (4) Cash payments received as consideration for the sale or other 
conveyance or transfer of property under this subsection shall be 
deposited into the Project Fund.
    (f) Leaseback of Property Leased or Disposed.--(1) The Secretary 
may lease, sell, or otherwise convey or transfer real property at the 
Base under subsections (b) and (e), as applicable, which will be 
retained for use by the Department or by another military department or 
other Federal agency, if the lessee, purchaser, or other grantee or 
transferee of the property agrees to enter into a leaseback to the 
Department in connection with the lease, sale, or other conveyance or 
transfer of one or more portions or all of the property leased, sold, 
or otherwise conveyed or transferred, as applicable.
    (2) A leaseback of real property under this subsection shall be an 
operating lease for no more than 20 years unless the Secretary of the 
Air Force determines that a longer term is appropriate.
    (3)(A) Consideration, if any, for real property leased under a 
leaseback entered into under this subsection shall be in such form and 
amount as the Secretary considers appropriate.
    (B) The Secretary may use funds in the Project Fund or other funds 
appropriated or otherwise available to the Department for use at the 
Base for payment of any such cash rent.
    (4) Notwithstanding any other provision of law, the Department or 
other military department or other Federal agency using the real 
property leased under a leaseback entered into under this subsection 
may construct and erect facilities on or otherwise improve the leased 
property using funds appropriated or otherwise available to the 
Department or other military department or other Federal agency for 
such purpose.
    (g) Consideration.--(1) The Secretary shall determine the nature, 
value, and adequacy of consideration required or offered in exchange 
for a lease, sale, or other conveyance or transfer of real or personal 
property or for other actions taken under the Project.
    (2) Consideration may be in cash or in-kind or any combination 
thereof. In-kind consideration may include the following:
            (A) Real property.
            (B) Personal property.
            (C) Goods or services, including operation, maintenance, 
        protection, repair, or restoration (including environmental 
        restoration) of any property or facilities (including non-
        appropriated fund facilities).
            (D) Base operating support services.
            (E) Improvement of Department facilities.
            (F) Provision of facilities, including office, storage, or 
        other usable space, for use by the Department on or off the 
        Base.
            (G) Public services.
    (3) Consideration may not be for less than the fair market value.
    (h) Project Fund.--(1) There is established on the books of the 
Treasury a fund to be known as the ``Base Efficiency Project Fund'' 
into which all cash rents, proceeds, payments, reimbursements, and 
other amounts from leases, sales, or other conveyances or transfers, 
joint activities, and all other actions taken under the Project shall 
be deposited. Subject to paragraph (2), amounts deposited into the 
Project Fund shall be available without fiscal year limitation.
    (2) To the extent provided in advance in appropriations Acts, 
amounts in the Project Fund shall be available to the Secretary for use 
at the base only for operation, base operating support services, 
maintenance, repair, or improvement of Department facilities, payment 
of consideration for acquisitions of interests in real property 
(including payment of rentals for leasebacks), and environmental 
protection or restoration. The use of such amounts may be in addition 
to or in combination with other amounts appropriated for these 
purposes.
    (3) Subject to generally prescribed financial management 
regulations, the Secretary shall establish the structure of the Project 
Fund and such administrative policies and procedures as the Secretary 
considers necessary to account for and control deposits into and 
disbursements from the Project Fund effectively.
    (i) Federal Agencies.--(1)(A) Any Federal agency, its contractors, 
or its grantees shall pay rent, in cash or services, for the use of 
facilities or property at the Base, in an amount and type determined to 
be adequate by the Secretary.
    (B) Such rent shall generally be the fair market rental of the 
property provided, but in any case shall be sufficient to compensate 
the Base for the direct and overhead costs incurred by the Base due to 
the presence of the tenant agency on the Base.
    (2) Transfers of real or personal property at the Base to other 
Federal agencies shall be at fair market value consideration. Such 
consideration may be paid in cash, by appropriation transfer, or in 
property, goods, or services.
    (3) Amounts received from other Federal agencies, their 
contractors, or grantees, including any amounts paid by appropriation 
transfer, shall be deposited in the Project Fund.
    (j) Reports to Congress.--(1) Section 2662 of title 10, United 
States Code, shall apply to transactions at the Base during the 
Project.
    (k) Limitation.--None of the authorities in this section shall 
create any legal rights in any person or entity except rights embodied 
in leases, deeds, or contracts.
    (l) Expiration of Authority.--The authority to enter into a lease, 
deed, permit, license, contract, or other agreement under this section 
shall expire on June 1, 2005.
    (m) Definitions.--In this section:
            (1) The term ``Project'' means the Base Efficiency Project 
        authorized by this section.
            (2) The term ``Base'' means Brooks Air Force Base, Texas.
            (3) The term ``Community'' means the City of San Antonio, 
        Texas.
            (4) The term ``Department'' means the Department of the Air 
        Force.
            (5) The term ``facility'' means a building, structure, or 
        other improvement to real property (except a military family 
        housing unit as that term is used in subchapter IV of chapter 
        169 of title 10, United States Code).
            (6) The term ``joint activity'' means an activity conducted 
        on or for the benefit of the Base by the Department, jointly 
        with the Community, the State, or any private entity, or any 
        combination thereof.
            (7) The term ``Project Fund'' means the Base Efficiency 
        Project Fund established by subsection (h).
            (8) The term ``public services'' means public services 
        (except public schools, fire protection, and police protection) 
        that are funded by local and State taxes and provided without 
        specific charge to the public at large.
            (9) The term ``Secretary'' means the Secretary of the Air 
        Force or the Secretary's designee, who shall be a civilian 
        official of the Department appointed by the President with the 
        advice and consent of the Senate.
            (10) The term ``State'' means the State of Texas.
    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 beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 2402. Section 305 of H.R. 3425 of the 106th Congress, 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 activities, $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 Appropriations of the House of 
Representatives and the Senate a listing of the amounts by account of 
the reductions made pursuant 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 Security Act of 1947 (50 U.S.C. 414).
    Sec. 2405. The following provisions of law are repealed: sections 
8175 and 8176 of the Department of Defense Appropriations Act, 2000 
(Public Law 106-79), as amended by sections 214 and 215, respectively, 
of H.R. 3425 of the 106th Congress (113 Stat. 1501A-297), as enacted 
into law by section 1000(a)(5) of Public Law 106-113.
    Sec. 2406. Term of Office of Person First Appointed 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 exclusive 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 office.
    (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 subsection (c) of section 202 of 
the Department of Energy Organization 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 current 
lessee of the drydock from the Navy.
    (b) Consideration.--As consideration for the sale of the drydock 
under subsection (a), the Secretary shall receive an amount equal to 
the fair market value of the drydock at the time of the sale, as 
determined by the Secretary.
    Sec. 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 Limitations.--
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 gallantry and 
        intrepidity at the risk of his life and beyond 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 Vietnam 
        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 gallantry and 
        intrepidity at the risk of his life and beyond the call of duty 
        on October 28 and 29, and November 4, 1944, at Foret Domaniale 
        de Champ, near Biffontaine, France, during World War II, while 
        serving as an Army medic in the grade of Technician Fifth Grade 
        in the medical detachment, 442d Regimental 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 legitimate purpose, including self-
        defense or recreation; and
            (2) the Clinton Administration has failed to protect 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, 
        despite the fact that the overall budget of the Department of 
        Justice increased 54 percent during this period; 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 Justice prosecuted only 8 cases under 
        this provision of law during 1998, even though more than 6,000 
        students brought firearms to school that year. The Clinton 
        Administration prosecuted only 5 such cases during 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 prosecuted 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 Department 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 knowingly 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 prohibited purchasers have been prevented from buying 
        firearms from licensed dealers since the Brady Handgun Violence 
        Prevention Act was enacted. When these felons 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 referred 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 possessing 
                assault weapons.
    (b) Sense of the Senate.--It is the sense of the Senate 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 prosecute Federal 
                firearms violations and thereby expand Project Exile 
                nationally;
                    (B) upgrading the national instant criminal 
                background system by encouraging States to place mental 
                health adjudications on that system and by improving 
                the overall speed and efficiency 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 infringed.
    Sec. 2411. Sense of the Senate Regarding the Million Mom March. (a) 
Findings.--Since--
            (1) on Mother's Day, May 14, 2000, an estimated 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 thousands 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 inadequate 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 conference report to accompany H.R. 1501, the 
        Juvenile Justice Act, and that the conference report should 
        retain the Senate-passed gun safety provisions to limit access 
        to firearms by juveniles, felons, and other prohibited persons;
            (6) the one-year anniversary of the Columbine High School 
        tragedy passed on April 20, 2000, without 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 further delay is unacceptable; 
        and
            (9) protecting our children from gun violence is a top 
        priority for our families, communities, and Nation.
    (b) Sense of the Senate.--Now, therefore, be it determined, that it 
is the sense of the Senate that--
            (1) the organizers, sponsors, and participants of the 
        Million Mom March should be commended for rallying to demand 
        sensible gun safety legislation; and
            (2) Congress should immediately pass a conference report to 
        accompany H.R. 1501, the Violent and Repeat Juvenile Offender 
        Accountability and Rehabilitation 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, convicted 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 consumption 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 Republic of Angola.
    Sec. 2413. Use of Department of Defense Facilities as Polling 
Places. (a) In General.--Notwithstanding any other provision of law, 
the Secretary of Defense shall not prohibit the designation or use of 
any Department of Defense facility, currently designated by a State or 
local election official, or used since January 1, 1996, as an official 
polling place in connection with a local, State, or Federal election, 
as such official polling place.
    (b) Effective Date.--The prohibition under subsection (a) shall 
apply to any election occurring on or after the date of enactment of 
this section and before December 31, 2000.
    Sec. 2414. Electronic and Information Technology. Section 508(f)(1) 
of the Rehabilitation Act of 1973 (29 U.S.C. 794d(f)(1)) is amended--
            (1) in subparagraph (A), by striking ``Effective'' and all 
        that follows through ``1998,'' and inserting ``Effective 6 
        months after the date of publication by the Access Board of 
        final standards described in subsection (a)(2),''; and
            (2) in subparagraph (B), by striking ``2 years'' and all 
        that follows and inserting ``6 months after the date of 
        publication by the Access Board of final standards described in 
        subsection (a)(2).''.
    Sec. 2415. Flood Mitigation Near Pierre, South Dakota. Section 
136(a)(3) of title I of division C of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-596), 
is amended by adding at the end the following:
                    ``(C) Determination of economic justification.--
                            ``(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 amended ``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.