[Congressional Record Volume 146, Number 85 (Thursday, June 29, 2000)]
[House]
[Pages H5442-H5532]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2001
The SPEAKER pro tempore. Pursuant to House Resolution 538 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 4461
{time} 1031
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 4461) making appropriations for Agriculture,
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Rural Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2001, and for other
purposes, with Mr. Nussle in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from New Mexico (Mr. Skeen) and the
gentlewoman from Ohio (Ms. Kaptur) each will control 30 minutes.
The Chair recognizes the gentleman from New Mexico (Mr. Skeen).
Mr. SKEEN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am pleased to bring before the House today the fiscal
year 2001 appropriations bill for Agriculture, Rural Development, Food
and Drug Administration and Related Agencies.
The subcommittee began work on this bill in early February when the
administration produced its budget. We have had 11 public hearings,
beginning on February 16; and the transcripts of these hearings, the
administration's official statements, the detailed budget request, and
several thousand questions for the record and the statement of Members
and the public are all available in seven hearing volumes.
The subcommittee and full committee marked up the bill on May 4 and
May 10 respectfully.
In the allocation process, our discretionary 302(b) allocation and
budget authority will be $14.548 billion and we are exactly at that
level. The allocation for outlays will be $15.025 billion, and we are
slightly below that level.
We have tried very hard to accommodate the requests of Members and to
provide increases for critical programs. From all Members of the House,
we received about 350 letters with more than 2,900 individual requests
for more spending.
I am pleased to inform my colleagues that the interest in additional
spending in this bill is completely bipartisan. In spite of a very
tight budget situation, we have managed to provide increases over
fiscal year 2000 to several important programs. Some of those increases
include the Animal and Plant Health Inspection Service, $32 million;
the Food Safety and Inspection Service, $24.7 million; the Farm Service
Agency, $34 million; the Natural Resources Conservation Service, $8.6
million; the Rural Community Advancement Program, $82 million; WIC, $35
million dollars; and the Food and Drug Administration, a net increase
of $57 million.
Most accounts have been frozen at the previous year's level, and many
of those accounts have been at the same level for several years.
Mr. Chairman, we all refer to this bill as an agriculture bill, but
it does far more than assisting basic agriculture. It also supports
human nutrition; the environment; and food, drug, and medical safety.
This is a bill that will deliver benefits to every one of our
constituents every day no matter what kind of district they represent.
I would say to all Members that they can support this bill and tell
all their constituents that they voted to improve their lives while
maintaining fiscal responsibility.
The bill is a bipartisan product with a lot of hard work and input
from both sides of the aisle. I would like to thank all my subcommittee
colleagues: the gentleman from New York (Mr. Walsh); the gentleman from
Arkansas (Mr. Dickey); the gentleman from Georgia (Mr. Kingston); the
gentleman from Washington (Mr. Nethercutt); the gentleman from Texas
(Mr. Bonilla); the gentleman from Iowa (Mr. Latham); the gentlewoman
from Missouri (Mrs. Emerson); the chairman of the full committee, the
gentleman from Florida (Mr. Young); the gentlewoman from Connecticut
(Ms. DeLauro); the gentleman from New York (Mr. Hinchey); the gentleman
from California (Mr. Farr); the gentleman from Florida (Mr. Boyd); and
the gentleman from Wisconsin (Mr. Obey), the distinguished ranking
member of the full committee.
In particular, I want to thank my good friend the gentlewoman from
Ohio (Ms. Kaptur), the distinguished ranking member of the
subcommittee, for all her good work on this bill this year and the
years in the past.
Mr. Chairman, I include the following chart for the Record:
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Mr. Chairman, I reserve the balance of my time.
Ms. KAPTUR. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I thank the chairman for yielding me the time. I want
to say that it is a great pleasure for me to rise today as we bring our
bill to the floor, the fiscal year 2001 appropriation for Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies.
I want to also begin by saying that this is the last bill that will
be managed by my dear friend and colleague, the gentleman from New
Mexico (Mr. Skeen), as chairman of the subcommittee because his limited
subcommittee chairmanship has been reached under current House rules,
which I certainly would like to change.
He is and has been such a leader, a fine gentleman in the true sense
of the word, a caring chairman, an advocate for America's farmers and
ranchers, and a true friend to every single Member of this institution.
So I wanted to acknowledge his hard work on this bill. It has been a
joy to work with him, and I number these days and years among the most
memorable of my own life.
I also want to thank the subcommittee staff: Hank Moore, Martin
Delgado, John Ziolkowski, Joanne Orndorf; and our detailees: Anne DuBey
and Maureen Holohan; and to the minority staff leader David Reich; and
Roger Szemraj of my own staff, for all the hard work that has gone into
putting this bill together.
Let me begin by saying that I come to the floor rather conflicted
this morning. This is a very, very important bill and one that we will
focus on today. But we have just learned that, contrary to an agreement
that was reached yesterday, the majority has chosen to place the
sanctions language dealing with Cuba and Libya, the issue that we
debated for hours here yesterday, into the supplemental appropriation
bill, contrary to an agreement that had been reached with the minority.
This is creating a great disarray that I think threatens not just
this bill but the supplemental and its ability to move through the
Congress and, also, to be signed by the President. There are many
programs in there, such as firefighting and so forth, that are needed
immediately in the western part of the country.
I would just urge the Majority to remove that sanctions provision
from the supplemental legislation. This is a violation of an accord
that had been reached with the minority, and it truly places us in a
most difficult position as we proceed forward with this bill today.
Now, let me say that this bill deals with the basics of life that
touch every American every day, have already touched every one of us as
we awakened this morning, the food that we have eaten, the fiber that
we wear, the fuel that we use to move vehicles and in industry, and
forest production, all the land and water conservation programs that
cover the vast majority of private lands in this country, the
stewardship of those lands and the help that goes to those landholders
is contained in this legislation.
The food that we ate this morning no doubt was influenced in millions
of different ways by the research that has been supported over the
years through the U.S. Department of Agriculture. All the marketing
programs, the safety that we felt when we ate that food, that the milk
was okay and that it was very healthy to eat, the various medicines
that we take, our certainty that that medication will do what it says
and if there is a side effect that it is labeled. All of the Food and
Drug Administration programs come within our jurisdiction.
So this is a very important bill that goes to the center of life in
America. And we hope by our example that we can influence the world's
people as well.
The bill's spending level is at about a level of $75.3 billion.
Nearly a little more than 80 percent of that, or $60 billion, is what
we call mandatory spending, money that we have for important programs
like the Commodity Credit Corporation reimbursements that are central
to the operation of our farm assistance programs to those who produce
that food, fiber, and forest product. So there is $27.7 billion in the
bill that goes to that major segment of this proposal.
The Food Stamp program, which helps those who cannot afford to feed
themselves in this country, $21.2 billion contained in this bill. An
even more important program as Welfare to Work locks in across this
country and our feeding kitchens and elderly feeding programs and so
forth become short changed.
Our School Lunch program, $5.4 billion, so that every child in this
country will have decent food at least during the week while they are
in school, $5.4 billion, and $1.5 billion for the School Breakfast
program so those little urchins out there, their brains grow and, as
they go to school, they are able to lead healthy lives and that they
grow properly.
Our conservation programs, nearly a billion dollars here, working
with all the private owners of America to make sure that the land and
the water and the ditches and the runoff is handled properly. We are
making progress there, but we certainly have a long way to go.
This is an incredible piece of legislation. Of the total amount of
spending, $75.3 billion, the discretionary amount, the part our
committee struggles with so greatly, $14.5 billion is, unfortunately,
$400 million below the spending of the current fiscal year.
This is a very tight bill, hard choices had to be made. In fact, the
entire bill is $400 million below this year's spending when we discount
the nearly $8.7 billion that was provided in emergency assistance last
year.
Now, I said that this bill came forward under difficult
circumstances. The most recent nick, however, being the fact that the
sanctions language was put into the supplemental against the will of
the minority and against the agreement that was reached.
The allocation we were given by the Committee on the Budget makes it
difficult to detail with responsible priorities submitted by the
administration.
We are at least $1.6 billion in this proposal under the
administration's request for all programs and, as I mentioned, $400
million under last year.
If we look at what was done in the supplemental, which is linked to
this bill directly, there was nearly $400 million in the supplemental
that we were expecting to help cushion the cuts and the lack of full
support in this bill, and we were told yesterday that that has now been
reduced by $204 million, which means that there is only about $195
million left in the supplemental, which absolutely underfunds these
programs at a time when rural America is just caving under the
continuing low price situation, the drought, the high water levels in
other parts of the country.
To be underfunding agriculture at a time when rural America is in
recession makes absolutely no sense to this Member.
Now, the bill, as best as we were able to try to fund programs that
are so necessary, does have some additional problems. For example, in
the Animal and Plant Health Inspection Service, we do not provide the
resources requested by the President. In fact, we are $53 million below
his request for funds to deal with the growing infestation in this
country by invasive species, other pests, and viruses.
For example, in the area of citrus canker in Florida where entire
orange and lime crops are threatened, we do not have funding sufficient
to deal with the eradication nor with trying to prevent further spread
of that particular problem.
The same is true with Pierce's disease in California. The
Administration released about $12 million this past week, but that is
not sufficient to deal with the vineyard problems all throughout
California. Plum pox in States like Pennsylvania, which are affecting
our fruit crops, all of these dollars that were proposed by the
minority to try to deal with the Animal and Plant Health Inspection
Service have not been fully provided.
I can tell my colleagues that failure to deal with these pests and
failure to deal with prevention will mean costs in the future of
billions and billions and billions of dollars to deal with something
like the Asian Longhorn Beetle, which is destroying our hardwoods in
Chicago and in New York. This is not an insignificant issue. It has
long-term consequences.
There are cuts in this bill, unfortunately, for the Food for Peace
program
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$37 million below the President's request.
{time} 1045
We keep saying that access to foreign markets is what will help our
farmers recover from low prices, but at the same time we disarm
ourselves by failing to provide the level of resources we need to get
the job done and move our product into other markets, certainly when we
have a surplus, to those people in our country and around the world who
remain hungry and in fact in many quarters of the world that are
starving.
In this bill also we fail to adequately fund or place restrictions on
the use of funds to deal with the problems faced by the most needy and
the most powerless people in our country. For example, there are
insufficient funds in this bill for the 1890 colleges, those colleges
that have been dealing with those historically discriminated against in
our society, as we try to spread the knowledge of the Department of
Agriculture in all of its different aspects throughout the university
and college systems of this country.
Further, the bill prohibits further expansion of the Colonias
initiative to deal with the tremendous pollution at the southwestern
border of Mexico with Texas, New Mexico, and Arizona.
So there is no additional funding in the bill for that important
effort.
Finally, if we think about our food programs in general, the
underfunding is largely in the area of food programs, certainly food
stamps, our school breakfast, our school lunch, our elderly feeding
programs, the Women Infants and Children feeding program.
Totally, the funding in this bill is about a billion dollars under
the administration's request.
On the conservation front, which is so important to us, as the most
productive land on Earth, the conservation programs are $65 million
below the President's request in what we were able to provide in this
bill. With the significant erosion problems, the drought problems and
in my part of the country the significant water runoff problems right
now, they are having a real impact on our ability to hold soil and
prevent leaching into our ditches, rivers and ultimately lakes. These
conservation programs are more important than ever.
Now, in terms of the overall bill, while we do not provide all
prudent increases that I have just talked about, we do not cut most
programs under current operating levels, and we do provide some modest
increases in rural economic and community development programs, and we
have provided vital support for the Food and Drug Administration.
I would be remiss if I stood on this floor, however, and I did not
remind Members that in this supplemental bill, however, there were
severe cuts made in important agriculture programs such as the
replacement of our Food and Drug Administration building in Los
Angeles. That was cut from the supplemental, and we do not cover it in
this bill. We did not provide sufficient funding for our technical
assistance providers for our natural resource and conservation programs
to help people apply for the Conservation Reserve and Enhancement
program, the Wetlands Reserve program, the Conservation Reserve
program. This bill, and the supplemental, are underfunded in those
areas.
The supplemental, and this bill does not replace the funding for the
renovation of the south building here in Washington, D.C. Our own
Department of Agriculture, which is very old, gets lots of tourists,
lots of visitors and needs to be repaired. Neither in this bill nor in
the supplemental are those kinds of concerns taken care of.
We have dozens and dozens of amendments we will be considering today,
and I will just end with the request, respectful request of the
majority, please do not violate the agreement that was reached with the
minority to remove the sanctions language from the supplemental bill.
This is going to cause us havoc on the floor here. It is going to cause
havoc on the floor of the other body. It was our understanding that the
sanctions language for Cuba, for Libya, for North Korea, for Sudan, for
Iran, would not be put in the supplemental bill. That was done last
night, violating an agreement that Members of the minority party had
signed, and I would just beg the leadership of this institution to
reconsider that very ill-timed decision.
This bill is too important to be hung up in a partisan war over the
sanctions issue on the supplemental bill, and this bill will be held
hostage to that debate.
Mr. Chairman, I reserve the balance of my time.
Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentleman from Iowa
(Mr. Latham), a member of the subcommittee.
Mr. LATHAM. Mr. Chairman, I very much appreciate the opportunity to
stand here in support of this bill. I think this is an effort that
obviously under very tight budget constraints the gentleman from New
Mexico (Mr. Skeen) has done an outstanding job, and I want to commend
the chairman, a great leader in agriculture, a good friend to all
farmers and ranchers and someone who I admire very much personally, and
the gentlewoman from Ohio (Ms. Kaptur), who I have had the pleasure in
working with on various issues.
This bill, I think, does a lot of very, very good things as far as
the farm service agencies. The people in our county offices are under
tremendous stress today. The workload is unbelievable that they are
having to deal with, and they are on the front line of service to our
farmers. I am very pleased that the committee has funded to the
President's request, and I think we always have to look at additional
funding and directing that funding to the local offices rather than the
bureaucracy here in Washington.
Agricultural credit programs, $1.475 billion over last year, and
this, I think, is very, very positive; rural housing loan
authorizations increased by $484 million over last year. As far as
Iowa, this is very, very good news for us; and I in particular want to
thank the chairman for including $9 million for the National Animal
Disease Center to be built in Ames, Iowa.
This is a first step to what I think is an extraordinarily important
project as far as animal health, as far as disease research, and really
as far as protecting our food supply for the public. This is going to
go a long ways. The current facility was built back in the '60s. This
is a very, very important project for the whole country but in
particular for Iowa. To have this centered in Iowa I think is very,
very important, which is obviously the center of livestock production,
especially in the pork industry.
One item, it is a small item, but I think very important to a lot of
farmers out there to keep them in agriculture, the AgrAbility program
we continue to fund at $3 million. This helps handicapped farmers be
able to stay on the farm, be productive, a small program that does so
much good for a lot of people who love agriculture, want to stay there.
I think this is a very good example of our dollars being used in a very
positive way.
In closing, again I want to thank the chairman, the ranking member,
the gentlewoman from Ohio (Ms. Kaptur). The staff has done an
outstanding job.
Ms. KAPTUR. Mr. Chairman, I yield 3\1/2\ minutes to the gentlewoman
from Connecticut (Ms. DeLauro), a very distinguished member of the
subcommittee.
Ms. DeLAURO. Mr. Chairman, I would like to extend my deep thanks and
appreciation to our chairman, the gentleman from New Mexico (Mr.
Skeen), our ranking member, the gentlewoman from Ohio (Ms. Kaptur), for
all of their hard work in crafting this bill. It is a tough job to
balance the important priorities that the Subcommittee on Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
needs to address each and every year. As my colleague, the gentlewoman
from Ohio (Ms. Kaptur) pointed out, this bill really does deal with the
basic sustenance of life for folks in our country.
I might add that the unrealistic budget constraints that have been
placed on the subcommittee made our work even more difficult, made
their work more difficult this year. As always, there was the effort to
work together in a bipartisan fashion to try to do what is best for
American farmers and for all of America's families. So I think that
that, in fact, is a tribute to the chairman and to the ranking member.
Let me add my voice to that of my colleague, the gentlewoman from
Ohio
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(Ms. Kaptur), and encourage the majority to please remove the sanctions
legislation from the supplemental bill, because it in fact violates the
agreement with the minority, and it places enormous restrictions on
both this bill and on the supplemental bill.
We did not come here to do harm, especially in light of having an
agreement that was made and just willy-nilly violated last evening.
That is wrong. We are going to hold up the process in both of these
pieces of legislation which contain basic relief and help to farmers in
the United States, plus people who are waiting to see what is happening
in here for relief of all kinds in both of these two bills.
We have tried to work together under the constraints, as I said, of
the budget forces to shortchange a number of important priorities.
The subcommittee has been denied the opportunity to meet America's
priorities and reflect the values, to provide a strong safety net for
farmers in crisis, to ensure safe foods on America's dinner tables, and
to guarantee the proper nutrition for the children and the elderly.
We could have better provided for these priorities if we had a budget
resolution that did not put tax cuts for the wealthy above the needs of
hard-working, middle-class American families across this country.
Each year contaminated food causes up to 81 million cases of food-
borne illnesses, as many as 9,000 deaths. It costs Americans over $8
billion a year in lost work and medical care. The situation requires
decisive action. This bill undermines progress by underfunding the Food
Safety and Inspection Service by more than $14 million. When one wants
to take their youngsters out to dinner, they want to know that they are
going to go some place and they are going to be safe and sound with
whatever they are eating on those tables.
The WIC program guarantees women and children receive solid nutrition
and health advice. We could have covered more people if we increased
the allocation for the WIC program.
My final comment is that there is a great crisis facing farmers
today. They are begging Congress to do something. We must. It is our
responsibility. The allocation dealt the subcommittee prevents it from
fully addressing the depression-level prices our farmers face.
We need to emphasize Congress' responsibility to ensure the long-term
safety and security of all Americans and their families. People deserve
our highest commitment to these goals.
Mr. SKEEN. Mr. Chairman, I yield 8 minutes to the gentleman from
Georgia (Mr. Kingston), a member of our subcommittee.
Mr. KINGSTON. Mr. Chairman, I thank the gentleman from New Mexico
(Mr. Skeen) for yielding me the time to speak.
Mr. Chairman, I stand in strong support of this bill. I think this
bill is philosophically in line with the objectives of this Congress in
that it has common sense fiscal responsibility and balances social
needs, agriculture-business needs.
This Congress, on a bipartisan basis in 1997, signed off on a budget
that said these will be our priorities. We are going to protect and
preserve the Social Security system, and we have done that. We now have
a surplus in Social Security.
We said, number two, we are going to protect and preserve Medicare,
and we have done that. Many of us remember working very hard in
somewhat shock after the 1995 Medicare trustee's report came out saying
Medicare would be bankrupt in 3 years if we did not act to do something
on it.
Well, this Congress on a bipartisan basis did do something, and now
we have protected and preserved Medicare.
The next priority is to pay down the debt, and this Congress has paid
down over $350 billion in debt relief. As a result of this fiscal
responsibility, this common sense approach to governing, we now have a
budget surplus. This surplus, Mr. Chairman, should not be squandered on
more government expansion and political initiatives designed to corral
in another constituency group. It should be very careful to keep in
mind that the money that we spend here in this Chamber does not belong
to us. The Government has no money. The money belongs to the people,
the hard-working taxpayers. So with that approach in mind, we have a
budget here on agriculture and related agencies of about $76 billion.
Now, half of that money goes to feeding programs, nutrition programs,
funding for the poor feeding-type programs, nutrition for the poor,
people who are socially disadvantaged. Half the money goes to that.
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I make that point, because so many people look at agriculture from
the cities and they sneer and they say, $76 billion for farmers. Guess
what? It does not go to farmers. Half of the money goes to children in
inner cities, and they need it; the other balance of that goes to,
among other agencies, the Food and Drug Administration, very careful,
each one of us take medicines, have a loved one that takes medicines.
This bill funds that.
Farm service agencies, conservation reserves and also research gets
the balance of that money; very few dollars go directly to the farmers.
Let me say something on behalf of America's farmers. We have less
than 2 percent of our population today who are directly farming. We
have maybe a little bit more, if we count the romantic farmer, and I
would say that would be somebody who works in the city and has a 40-
hour-a-week job, but they have inherited some land or they have that
gnawing that we all have, they want to have a piece of property and
they want to work with their hands. They are part-time farmers. They
often skew the statistics of who is out there actually farming and who
is not. Certainly if they have some acres under cultivation, it goes
into food, it is part of food production.
The true farmers, Mr. Chairman, are less than 2 percent these days
and, yet, that small sector of our population feeds 100 percent of us
and a great portion of the rest of the world, and we can feed more of
the world.
I think that our farmers need eight things as we debate agriculture
policy: Number one, they need good credit; number two, they need a crop
insurance program that works; number three, they need good conservation
programs; number four, they need good specialty programs; number five,
they need market relief, international market relief; number six, they
reed regulatory relief; number seven, they need tax relief; and number
eight, they need good basic research.
Mr. Chairman, I wanted to just elaborate a little bit more on this,
and I will try to go quickly. We on the Subcommittee on Agriculture,
Rural Development, Food and Drug Administration and Related Agencies
are limited as to what we can do with need number one, credit. But we
can work with institutions, and we can work through our other
committees.
We can work with the private sector to try to say one of the big
things we hear day in and day out from our farmers is the need for
long-term credit. Just like any other business, they are at risk. They
invest money. The return comes when they harvest, sometimes the return
is not there because of disaster, but they need long-term and short-
term credit.
Number two, they need a good crop insurance program. A crop insurance
program that is based on the cost of production, a crop insurance
program that rewards them for good farming practices which reduce
losses, and crop insurance that would serve them the same way a
commercial business is served by commercial and fire insurance;
something that is understandable.
Number three, conservation programs. Just think how much money we
could save during a farm disaster, during the time of a drought if we
had money available for irrigation systems, smart farming systems, and
for building dams. If farmers could get water on a regular basis and
get it abundantly and inexpensively, it would truly reduce the costs of
farm disasters.
Number four, as I said before, we need specialty programs, good
specialty programs. I come from peanut country. It is amazing the
number of people that say well, the peanut program is a strange ag
program; that is not unusual. A lot of ag programs are very hard and
complex to understand. I can say this, do we know what it does? It
makes it possible for the young couple to stay on the farm and not move
off to Atlanta, Georgia and sell real estate or not to move to Savannah
and
[[Page H5453]]
become a medical doctor, but it makes it possible for them to have a
steady cash flow and stay on the farm.
It makes it possible for the consumers of America to have a cheap and
abundant supply of peanuts; the same is true with all the other myriad
of specialty programs.
Number five, they need market relief. When we can buy oats at the
Port of Brunswick, Georgia cheaper than we can raise them in Millen,
Georgia, we have a problem. Even with all the greatest of farm
technology, we should be able to grow oats cheaper domestically than
importing them. Because some of our international ag competition
subsidizes their farmers heavily, it makes our farmers have a
disadvantage in the marketplace.
We do need to have market relief. Market promotion is part of that. I
love the idea that my district's vidalia onion can be eaten and bought
all over the world because they are the best and most delicious onions
that have ever been made. We all know that. The folks all over the
globe ought to be eating them. We need to have a program that promotes
them and lets our farmers develop markets overseas.
Number six, regulatory relief. It is not fair for our farmers to be
restricted in what kind of fertilizer, what kind of pesticides they can
use when farmers south of the border in Mexico or north of the border
in Canada or wherever else can use the same fertilizers that are banned
here. We need to work with our international partners. If a fertilizer
is bad here, it ought to be bad anywhere in the globe; and we should be
protected from those markets dumping on our farmers.
Number seven, tax relief. If we do not have estate or a death tax
relief, that farm cannot be passed on to the next generation. It is
economically prohibitive.
Number eight, we need good research. This bill will always catch a
lot of grief. Oh, they are spending millions or thousands of dollars to
study the mating habits of some obscure fly or a worm. That makes a
good little press hit and a good humorous article in Reader's Digest or
a great one-liner for Jay Leno, but the reality is a lot of the times
ag research can save American consumers millions of dollars in lowering
the cost of production.
The CHAIRMAN. The gentleman from New Mexico (Mr. Skeen) has 16
minutes remaining and the gentlewoman from Ohio (Ms. Kaptur) has 12\1/
2\ minutes remaining.
Ms. KAPTUR. Mr. Chairman, I reserve the balance of our time, if the
gentleman from New Mexico (Mr. Skeen) would like to call on another
speaker so that we are more balanced in our time.
Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from
Illinois (Mr. Ewing), the chairman of the Subcommittee on Risk
Management, Research and Specialty Crop.
Mr. EWING. Mr. Chairman, I thank the chairman of the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration and
Related Agencies for yielding me the time.
Mr. Chairman, I rise today in support of this appropriations bill,
H.R. 4461. This committee, the Committee on Appropriations, this
Congress, the Subcommittee on Agriculture, Rural Development, Food and
Drug Administration and Related Agencies have recognized the tremendous
problems in American agriculture over the last 3 years.
This bill goes along and provides the additional money which we need
in discretionary spending for the year 2001. The bill also provides
important funding for initiatives dealing with biotechnology, soybean
diseases and aflatoxin and corn; particularly, biotechnology, an issue
of critical importance to our farmers in America and our trading
partners in Europe.
This is a good piece of legislation which will go a long way in
assisting our struggling agricultural economy.
Mr. Chairman, I ask the rest of my colleagues to help American
farmers and ranchers by voting yes on H.R. 4461.
Ms. KAPTUR. Mr. Chairman, I yield 4 minutes to the gentleman from
Wisconsin (Mr. Obey), the distinguished ranking member of the full
committee.
Mr. OBEY. Mr. Chairman, I thank the gentlewoman for yielding me the
time.
Mr. Chairman, we have had one of the wonders of congressional history
plaguing every farmer in this country the past few years; it has been
called the Freedom to Farm Act. And under that act, farmers have had
the freedom to experience record lows in the prices they are getting
for their products.
Dairy farmers, for instance, are getting about 40 percent less than
they were getting just a few years ago for every hundred pounds of milk
they sell, and you have lots of other commodities where farm prices are
in the tank. You have suicide rates in farm-dominated counties at very
high levels, and one would think that a Congress, which is supposedly
dedicated to the free market to letting the ``wondrous'' market forces
work, would insist that you have really true markets.
Mr. Chairman, but if you look at the adequacy of this budget in terms
of enabling the U.S. Department of Agriculture to assure that we have
the tools to prevent undue market concentration so that you can
maintain real markets, you see this bill is woefully inadequate.
One of the great Supreme Court justices in our history noted once
that a free market is the most essential ingredient in our capitalist
system for any legitimate business to function, and yet you see four
companies now control 81 percent of the cattle purchases, beef
processing, and wholesale marketing.
You see that four companies now control 56 percent of the pork
market, and you see the same concentration in other areas; poultry, for
instance. And this bill is grossly inadequate to prevent that problem
from getting worse.
We also have seen in the supplemental all efforts to help our farmers
on the commodity price front have been stripped from that bill, so at
this point that bill does not do anything for farmers. It pretends to
do something on allowing additional exports. But in reality, it is a
drop in the bucket, because of loopholes in the provision which was put
in the conference report last night after the conference report had
been signed, which is why I had to remove my name from that conference
report, regrettably, because I had intended to try to support that
bill.
I do not believe in keeping my name on an agreement after that
agreement has been unilaterally altered. I think that practice is
offensive or ought to be to this House.
I am going to ask Members, when the time comes, to vote against this
bill, because this bill certainly is not adequate to our challenges on
the farm front. It is not adequate with respect to pest control. It is
not adequate with respect to agricultural research. It is not adequate
with respect to rural development.
Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from
South Carolina (Mr. Sanford).
Mr. SANFORD. Mr. Chairman, I thank the gentleman for yielding me the
time.
Mr. Chairman, I would just commend the gentleman from New Mexico (Mr.
Skeen) for his work on this bill. I just wanted to add basically one
editorial comment and, that is, that I do have one reservation on this
bill that I would like to touch on, and; that is, I think that what was
worked out with Cuba has a fatal flaw, and that is, if we propose to
offer food and medicine without the ability to travel, I think we are
making a real mistake.
I would say that for a couple of different reasons. First of all, the
present policy in Cuba has not worked. We changed welfare, because it
supposedly did not work. Here we have a policy that has been in place
for 40 years that has not worked, and we are not going to change it.
That, to me, does not make common sense.
Mr. Chairman, I would say also it does not make common sense from the
standpoint of history, which interesting thing is, that one of the
tools that Ronald Reagan used in changing things behind the Berlin Wall
was travel, allowing young kids with backpacks to travel in the
international community, in South Africa, apartheid South Africa,
allowed people to travel, actually promoted the exchanges with young
kids coming to America or American kids going there, so we had one-on-
one personal diplomacy. It was key to changing things down there.
Mr. Chairman, the other reason I do not think the present policy
works and, therefore, I think it was tragic that it was incorporated in
this bill, I think that Americans have a constitutional right to
travel. We can travel
[[Page H5454]]
anywhere in the globe with the exception of Sudan and Iraq and Cuba,
that makes no sense to me.
We can travel to North Korea. They are developing nuclear weapons.
They are sending bombs over to the top of Japan. We can travel to
Serbia. We just bombed the place, but we cannot travel to Cuba. That
makes no sense to me. In fact, Zemel v. Rusk, which was a Supreme Court
decision back in the 1960s, said Americans have the right to travel
unless there are overwhelming military reasons not to do so.
{time} 1115
The Defense Intelligence Agency in 1998 said, there is no military
threat from Cuba, so Americans ought to be able to travel there from a
constitutional right.
Finally, it is inconsistent with the notion of engagement. Engagement
is what this body proposed. China engagement is what this body has
proposed in many places around the globe, but for some reason we will
not do that with Cuba, and that is inconsistent with what I heard when
I traveled down there myself from political dissidents and independent
journalists who said, if we want to change things in Cuba, we need to
change the embargo.
Ms. KAPTUR. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Farr), who is such a hard-working, able member of the
subcommittee.
Mr. FARR of California. Mr. Chairman, I rise as a very proud member
of the Subcommittee on Agriculture of the Committee on Appropriations,
and I have to say that it is an incredible joy to serve under the
chairmanship of the gentleman from New Mexico (Mr. Skeen) and the
gentlewoman from Ohio (Ms. Kaptur), the ranking member. I think the
camaraderie on this committee is one of the most outstanding in all of
the House.
The underlying bill that we are debating today is about appropriating
money for the U.S. Department of Food and Agriculture. The difficulty
with this bill is the allocation that was given to the committee is far
less than it was last year, so we have to squeeze a lot of funds; and
in the end, we squeeze a lot of programs that probably should not be
squeezed.
We squeeze funding shortfalls for food safety. This bill underfunds
the budget request for USDA by about $14 million. They inspect meat and
poultry. I am not sure that people want us to have shortfalls and an
inability to inspect meat and poultry.
It shortfalls the resources to deal with market concentration and
abusive practices. One of the biggest problems in America is that we
are finding that the consolidation of markets is making the prices stay
low. It is good for the consumers, but it is also putting a lot of
restraints on the ability to get the best price for a farmer's crop. In
addition to that, there are all kinds of slotting fees and other
things. They underfund the request from the President, which was about
$7 million; and they only gave them $1 million, a little over $1
million.
It falls short by $53 million for new and the spreading diseases that
we have in agriculture and pests.
On conservation programs, the bill falls short $70 million from the
budget request for conservation operations at the Natural Resources
Conservation Service.
The list goes on and on, and probably one of the most difficult or
hardest hit is the rural areas of the United States.
Speaking of the rural areas, I would just like to say, this bill is
not about the sanctions that were lifted by this committee. It is about
the fact that the sanctions were taken out by a rule. That greatly
disturbs us.
The CHAIRMAN. The gentleman's time has expired.
Mr. SKEEN. Mr. Chairman, I yield 30 seconds to the gentleman from
California (Mr. Farr).
Mr. FARR of California. I thank the gentleman.
The concern here is that in a bipartisan fashion, we funded the
farmers of this country who grow the food that feeds the people, that
feeds the children through school lunch programs and school breakfast
programs and infants and newborns, and feeds the elderly through Second
Harvest and Meals-on-Wheels; but we cannot sell that food to countries
like Sudan, Libya, North Korea, Iran, and Cuba. We voted to lift those
sanctions to allow that food to flow to those countries.
That is what the concern is here, that the rule was adopted last
night which does not allow this. The promise was made that it would be
in another committee report, but it was not there. It was not there
last night when I checked. I am very concerned about this.
Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Boyd), a member of the subcommittee.
Mr. BOYD. Mr. Chairman, I thank the gentleman for yielding me this
time.
I want to thank the gentleman from New Mexico (Mr. Skeen) and the
gentlewoman from Ohio (Ms. Kaptur) for their wonderful leadership on
getting us to this point where we have this legislation on the floor
today.
Mr. Chairman, 4 years ago, in 1996, when we changed, significantly
changed, this Congress changed the agricultural policy of this country
with the so-called Freedom to Farm bill, that was a very drastic change
and a move in the opposite direction of the way we had managed our
agricultural policy in this country for the last 60 or 70 previous
years.
At that time, our farmers were promised that in exchange for the
support program that had been in place for that 60 or 70 years, that
the farmers would be given two things, as I recall. One was they would
be given access to worldwide markets which would assist us in keeping a
price at a level where our farmers could make a profit. The other was
some decline in the excessive regulation that exists at the farm level.
Now, it is obvious after 4 years that neither one of these promises
have been delivered upon. I think we should have known back in 1996
that the regulation that is in place is put there in many cases for a
good purpose, and we are not going back on that. Meanwhile, we have
been unable to deliver the worldwide markets that we promised in 1996.
What we are experiencing today is worldwide low commodity prices at
levels where our farmers really are not able to make a profit in the
long term. If that is the only source they had, they would not be able
to sustain themselves and stay in business. As a result, this United
States Congress comes in every year with an ad hoc disaster assistance
program.
The CHAIRMAN. The time of the gentleman from Florida (Mr. Boyd) has
expired.
Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from
Florida (Mr. Boyd).
Mr. BOYD. So, Mr. Chairman, we have a situation where the current
agricultural policy is costing this Treasury more than it ever has in
the past. As a matter of fact, in the 4 years since we have had Freedom
to Farm, we have spent more money out of the Treasury trying to sustain
our agricultural industry. Mr. Chairman, it is a national security
issue. We should not allow this agricultural industry to be weakened,
because we never want to rely upon another country for our food supply.
Mr. Chairman, this bill I think is the best that we can do, given the
limited resources that we have. I am concerned about the fact that the
subcommittee worked its will, the full committee worked its will, it
went to the Committee on Rules, and now all of the rules have been
changed, some of the sanctions language that was put in there will now
be removed, and I do not think that is the way we should operate.
So I do have some concerns about that, however. But my larger concern
is about the national agricultural policy we have in place today.
Ms. KAPTUR. Mr. Chairman, I yield 2 minutes to the gentleman from New
York (Mr. Hinchey), a very able and distinguished member of the
subcommittee.
Mr. HINCHEY. Mr. Chairman, I thank the gentlewoman from Ohio (Ms.
Kaptur), my leader, for yielding me this time.
First of all, I want to express my appreciation to our chairman. I
have never met a more affable man, nor a better gentleman, and to say
it has been a pleasure to serve under his leadership for the past 2
years on this subcommittee is, frankly, an understatement. It has been
more than that, and
[[Page H5455]]
it has been a learning experience as well.
I particularly want to thank our chairman for the help and
consideration that he and his staff provided in recognizing some of the
agricultural problems that exist in the northeastern part of the
country and elsewhere as well. Particularly with regard to apples and,
to some extent potatoes, as a result of that cooperation, we were able
to obtain in this bill $115 million, which will provide assistance for
apple-growers in New England and New York and elsewhere around the
country whose crop has been hard hit, first of all, by economic
circumstances and secondly, by weather, hurricanes, and hail over the
course of the last couple of years.
I can tell my colleagues that the apple farmers in New York are going
to be very grateful for this assistance. It is modest assistance. Yes,
it is. Nevertheless, it is assistance that is very desperately needed
and will be very greatly appreciated.
In addition to that, we have another amendment in this bill which I
was able to pass through the subcommittee again, with the blessings of
my chairman and the help of the staff to provide $57 million for
additional rural development. I think that that is very important. The
bill itself underfunded rural development, not because of deficiencies
in the approach by our Chairman, but by the fact that the allocation
was so low. Now with his assistance, we have been able to provide an
additional $57 million in rural development assistance in various
places across the country.
So for these two measures particularly, I want to express my
appreciation to the chairman for this legislation. I do not want to
give the impression that that is perfect by any means. There are
certain aspects of the bill which need improving which we will point
out as we go through the debate, but I do want to again express my
appreciation to the chairman for his leadership and for the pleasure it
has been working with him through this process.
Ms. KAPTUR. Mr. Chairman, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), who is such an able representative of rural
America, and certainly all of the agricultural facilities and interests
in Beltsville, probably the most important research station in the
world.
Mr. HOYER. Mr. Chairman, I thank the gentlewoman for yielding me this
time and for her comments with reference to the Beltsville Agricultural
Research Center.
I rise not to talk about the substance; I know there is some concern
expressed by the gentlewoman from Ohio and the gentleman from Florida
and others about exactly where this bill is now; but I do want to say
to the gentleman from New Mexico (Mr. Skeen) that I echo the remarks of
the gentleman from New York (Mr. Hinchey). There is no more affable
individual nor better friend to any of us in this House than the
gentleman from New Mexico (Mr. Skeen), an honorable, decent and good
legislator; and I thank him for his help.
I rise simply to say that we do have a lot of interests in my
district in farming and agriculture. We have a lot of interest
obviously in the Beltsville Agricultural Research Center, and I want to
thank the gentleman from New Mexico for his focus on those concerns and
certainly the gentlewoman from Ohio, who does such an extraordinary job
on behalf of the agriculture community, not just in Ohio, but
throughout this country. I thank both of them for their leadership.
Very frankly, it is unfortunate that we do not work together as
collegially in every instance as I know these two do and we do on our
committee.
I might say in closing that I trust that we can get back at some
point in time during this process to where we were when we came out of
committee.
Mr. SKEEN. Mr. Chairman, I reserve the balance of our time.
Ms. KAPTUR. Mr. Chairman, I yield 2 minutes to the gentleman from
Maine (Mr. Baldacci), who is, by the way, a very involved member of the
authorizing Committee on Agriculture, and we are very pleased that he
is down here on an appropriation bill.
Mr. BALDACCI. Mr. Chairman, I would like to thank the gentlewoman,
the ranking member, for her leadership on agricultural issues in making
sure that agricultural energy issues are addressed on a national stage.
So we appreciate her leadership.
I want to thank the chairman of the committee also for his leadership
in being able to recognize the needs of the Northeast in developing
this legislation. We certainly do appreciate the focus that has been
given to apples and potatoes. We also appreciate the focus that has
been given to value-added in research, recognizing, as we get to a
global economy, that we have to be able to give our farmers the latest
research and technology and the opportunities to add values for farmers
and farmer-owned cooperatives, and to be able to market those goods
around the world.
I rise also to thank the appropriators for doing the best that they
can under trying circumstances with a very important spending bill.
This bill impacts the lives of more than farmers. There are programs
for the hungry, for food safety initiatives and economic development
proposals which all get funded through this bill. I want to say it has
been a pleasure to work with the appropriators, the chairman of the
subcommittee and the ranking member, and the members of the committee.
Working with the gentleman from New York (Mr. Hinchey), the gentleman
from New York (Mr. Walsh), and the gentleman from New Mexico (Mr.
Skeen) and others on the committee has been a very rewarding process.
{time} 1130
And recognizing that Rome was not built in a day and rocky roads lead
to the Promised Land, I want to thank the gentleman and use this as a
very good first step.
Ms. KAPTUR. Mr. Chairman, could I ask, what is the remaining time on
both sides, please.
The CHAIRMAN. The gentleman from New Mexico (Mr. Skeen) has 9\1/2\
minutes remaining; the gentlewoman from Ohio (Ms. Kaptur) has 2 minutes
remaining.
Ms. KAPTUR. Mr. Chairman, I yield our remaining 2 minutes to the
gentleman from Minnesota (Mr. Peterson), one of the most active and
insightful members of the authorizing committee from the State of
Minnesota, which has weathered such difficulties in the agricultural
sector.
Mr. PETERSON of Minnesota. Mr. Chairman, I thank the gentlewoman from
Ohio (Ms. Kaptur) for yielding me this time.
Mr. Chairman, I rise today first of all to compliment the gentleman
from New Mexico (Chairman Skeen) and the gentlewoman from Ohio, our
ranking member, for all the hard work they do for us in the
Subcommittee on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies, as well as all the members of the
committee. They have a tough job and by and large they do a pretty good
job.
As the gentlewoman said, I represent an area that has had a lot of
difficulties the last number of years. This year we had probably the
best crop coming that we ever had, and about a week ago we got 7 inches
of rain. Now I have one county that is pretty much under water. What I
wanted to talk about today a little bit is the situation that we are
in.
In the 1996 bill, we eliminated the disaster programs with the idea
that we were going to fix crop insurance. The foreign markets were
going to help us keep the prices up where they needed to be. We finally
got a pretty good crop insurance bill through; the problem is that it
does not really take effect until next year.
So in 1998 and 1999, we passed ad hoc disaster programs that helped
out a lot of people. We did not fund them completely, but it made a big
difference. We have had the extra AMTA payments which have helped
people. But I have an area now that these folks have lost their crop
now. This is the seventh year in a row for these people that are under
water now.
Mr. Chairman, my plea is that for these people, and any others around
the country that are having these kinds of problems that are of no
fault of their own, that we look at doing another disaster program for
the year 2000, because the crop insurance fixes that would have helped
some of these people, as I said, are not going to take effect until
next year. Frankly, if we
[[Page H5456]]
are going to keep these people in business, and it is literally one
whole county, they need a Federal disaster program to underpin the crop
insurance that they are going to get that is not going to cover the
cost of production.
So I would ask the chairman and the ranking member of the
subcommittee, as we go through this process that they remain open to
the possibility of having a disaster program for the year 2000 for some
of these folks that have had this problem.
Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentlewoman from
Missouri (Mrs. Emerson) a member of the subcommittee.
Mrs. EMERSON. Mr. Chairman, I want to rise in support of this bill
today and thank the gentleman from New Mexico (Mr. Skeen) for his
strong leadership on issues of importance to America's farmers and
ranchers.
My friend, the gentleman from New Mexico, has been a great champion
of agriculture as chairman of this subcommittee, and it has been an
honor for me to serve with him, as it is for me to serve with the
gentlewoman from Ohio (Ms. Kaptur), our ranking member. She has done an
extraordinary job as well, and that not only shows in her dedication to
the support of American agriculture.
Mr. Chairman, this is an extraordinarily difficult time for America's
farmers and ranchers, as everyone who has spoken today has said. We are
in the midst of our third straight year of low commodity prices and
third year of financial hardship on the farm. And when we factor in the
other challenges that our producers are facing, agricultural embargoes,
consolidation of big agribusiness companies, punitive and heavy-handed
overregulation by the Environmental Protection Agency and Fish and
Wildlife, it is really very clear that farmers and ranchers have their
backs up against the wall.
Mr. Chairman, I think the gentleman from New Mexico (Chairman Skeen)
recognizes the problems in farm country and the legislation that is
before us today represents a lot of hard work by the entire committee.
But it does not do everything I like. I particularly want to associate
myself with the words of the gentlewoman from Ohio (Ms. Kaptur) with
regard to the issue of agriculture embargoes which the gentleman from
Washington (Mr. Nethercutt) has championed so well. I just pray that
our leaders follow through on their commitment to us, all of us, to
make sure that that part of lifting of sanctions gets put into
legislation and gets passed by the Congress this week.
I do have to say, though, I think that this bill is an important step
forward and it does a pretty good job of balancing all of the different
needs of agriculture. I am particularly pleased that the bill fully
funds the TEFAP program. It increases funding for rural America through
the Rural Community Advancement Program, so very, very important for
rural America. It also maintains a firm commitment to agriculture
research, which obviously is very, very important to the long-term
productivity and profitability of our producers.
Mr. Chairman, in short, I have to say, while we all would like
additional funds for our agriculture programs, and I include myself
among that, this bill does do a lot of good for American agriculture
and moves the process forward. So, I would urge a ``yes'' vote on the
legislation.
Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Foley).
Mr. FOLEY. Mr. Chairman, I appreciate the gentleman from New Mexico
(Mr. Skeen) yielding me this time for the purposes of a colloquy with
the gentleman from Florida (Mr. Boyd).
Mr. Chairman, last year, the House Committee on Appropriations and
the final conference committee on the Agricultural Appropriations bill
approved language giving special consideration for funding for a joint
aquaculture distance learning/education and research project through
Harbor Branch Oceanographic Institution in my district and Florida
State University in Tallahassee. The original request for the project
called for $470,000 for the work to be carried out in fiscal year 2000.
Mr. BOYD. Mr. Chairman, if the gentleman will yield, as a Member of
the Subcommittee on Agriculture, Rural Development, Food and Drug
Administration and Related Agencies, I appreciate the support of the
gentleman from New Mexico (Chairman Skeen) for this project that the
gentleman from Florida is speaking of. It is of high priority to the
Florida State University in the Second Congressional District of
Florida.
Mr. FOLEY. Mr. Chairman, however, now, despite the strong support of
the House, and by reference the conference committee, the Rural
Utilities Service of the Department of Agriculture has ignored the
intent of Congress and refused to fund the Harbor Branch-FSU
aquaculture project. In fact, it is my understanding that the agency
rejected the congressional language as ``nonbinding'' and made
fundamental errors in analyzing the proposal that was submitted to the
Department for funding.
Mr. Chairman, was it the intent of the committee and the Congress
that the proposed Harbor Branch-Florida State University project be
fully funded by the Rural Utilities Service in fiscal 2000?
Mr. SKEEN. Mr. Chairman, if the gentleman will yield, the gentleman
from Florida (Mr. Foley) is absolutely correct. Traditionally, we have
given special priority to projects such as this one through the
committee report language; and we fully expect the agency to fully fund
those proposals. I expect the Rural Utilities Service to make
appropriated funds available in fiscal year 2000 to fully fund the
Harbor Branch-FSU aquaculture distance learning project.
Mr. FOLEY. Mr. Chairman, I yield to the gentleman from Florida (Mr.
Boyd).
Mr. BOYD. Mr. Chairman, I thank the gentleman from Florida (Mr.
Foley), my friend, and distinguished gentleman from New Mexico
(Chairman Skeen), who knows very well that the committee report
language is taken very seriously on the Committee on Appropriations. I
share the gentleman's concern that the Department has not complied with
the clear intent of the committee and Congress.
Mr. FOLEY. Mr. Chairman, reclaiming my time, I thank both the
gentleman from New Mexico and the gentleman from Florida who serve on
the subcommittee, and commend them both for their bipartisan support
for this project. I am especially grateful for the leadership that the
chairman of the subcommittee provides on agricultural issues facing the
Congress.
Mr. SKEEN. Mr. Chairman, I yield the balance of my time to the
gentleman from Iowa (Mr. Latham), a member of the subcommittee.
The CHAIRMAN. The gentleman from Iowa (Mr. Latham) is recognized for
5 minutes.
(Mr. LATHAM asked and was given permission to revise and extend his
remarks.)
Mr. LATHAM. Mr. Chairman, I thank the gentleman from New Mexico for
yielding me this time, and I will not use all of the available time. I
just wanted to emphasize the importance of the trade discussion that
has been going on here. The gentleman from Florida (Mr. Boyd) brought
up in his statement the idea and the concern that we have as far as
opening up trade around the world and relating that to the farm bill.
He is correct in exactly that we anticipated some cooperation with
the administration when we passed the Freedom to Farm to open up
markets. The reality is just the opposite, however. In the past 80
years, there have been 120 sanctions put on other countries. Sanctions
is a nice word for an embargo. The fact of the matter is over half of
those embargoes have been put on in this last administration.
So while we have fought to open up markets, to make sales available
to our farmers overseas, it has flown in the face of the
administration's policy of continuing and expanding the number of
sanctions. I will say again, over half of the sanctions in the last 80
years have been put on in the last 7 years, and it is very, very
unfortunate.
That is why opening up trade today for Cuba, for North Korea, for
Sudan, for Iran, Libya, is so very, very important to change the
dynamics of the whole debate here. I think it is imperative that we
move forward, that we make sure that we do crack open the door and
allow us to sell our products, food and medicine, to these countries
who are so much in need.
Mr. BOYD. Mr. Chairman, will the gentleman yield?
[[Page H5457]]
Mr. LATHAM. I yield to the gentleman from Florida.
Mr. BOYD. Mr. Chairman, I just would like to say that I did not
invoke a partisan tint to my comments. And I would like to remind the
gentleman that it is the administration who has worked very hard on
Fast Track, and it is the administration that worked very hard on PNTR
and these other trade agreements. I would like to remind the gentleman
that those are divisive issues on this floor. Many Republicans and many
Democrats both were against them, but it was not the administration
that was against them.
Mr. Chairman, I would just like to remind the gentleman of that.
Mr. LATHAM. Mr. Chairman, reclaiming my time, sure, and I very much
appreciate the statement of the gentleman from Florida. I agree, as far
as trade relations with China. The administration worked very hard, and
I think that is very, very positive.
And Congress is not beyond blame, also, in some of the sanctions that
were put on. There is no question about that. But the reality is it is
more difficult today in many parts of the world to sell our products
than it was even 10 years ago. And if we have learned anything in the
past decades, it is that using food and medicine as a weapon in foreign
policy has never worked. All it does is punish our farmers here. It
does not help the people in the countries that we are supposedly
punishing. I think the gentleman's point is well taken.
Mr. BOYD. Mr. Chairman, if the gentleman would continue to yield, I
would like to remind the gentleman, and the Congress also, that we, the
subcommittee and the full committee, addressed those issues in our bill
and that language has been stricken when it arrived at the Committee on
Rules by the majority leadership of this Congress. And so I just wanted
to remind the gentleman; I want to be certain he is aware of that.
Mr. LATHAM. Mr. Chairman, again reclaiming my time, I certainly am.
Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
Mr. LATHAM. I yield to the gentleman from Ohio.
MR. BOEHNER. Mr. Chairman, let me congratulate the gentleman from
Iowa (Mr. Latham), my colleague, who well knows that more than half of
what U.S. farmers and ranchers produce every year is exported somewhere
around the world. Without more markets for our farmers to participate
in around the world, price improvement in the domestic market is not
likely to happen.
I appreciate the gentleman's defense of our current farm policy. As
we did hearings around the country all spring, members of the Committee
on Agriculture from both sides of the aisle, we all heard the same
thing from every farmer and rancher in all parts of the country. No one
wants to go back to the old farm policy, the old command and control
system that we had in this country for some 60 years where the
Government decided what we needed and what we did not need. And the
fact is farmers like the freedom and the flexibility they have to make
decisions about what markets they want to enter and what crops they
want to plant on their land.
Mr. Chairman, when we started this program some 4 years ago now, no
one had the idea that this was going to be an easy transition away from
60 years of the Government making the determination about what ought to
be planted and this transition to a more open and more competitive
marketplace. And so I congratulate the gentleman from Iowa.
Mr. LATHAM. Mr. Chairman, reclaiming my time just in closing, I think
there is a consensus with all of us in trade policy, and it is the
debate that we should have. And just in closing, also, I would
certainly hope that everyone would support this bill on final passage.
Mr. Chairman, I yield back the balance of my time.
Mr. BEREUTER. Mr. Chairman, this Member rises in support of H.R.
4461, the Agriculture Appropriations bill for fiscal year 2001.
This Member would like to commend the distinguished gentleman from
New Mexico (Mr. Skeen), the Chairman of the Agriculture Appropriations
Subcommittee, and the distinguished gentlewoman from Ohio (Ms. Kaptur),
the ranking member of the Subcommittee for their hard work in bringing
this bill to the Floor.
Mr. Chairman, this Member certainly recognizes the severe budget
constraints under which the full Appropriations Committee and the
Agriculture Appropriations Subcommittee operated. In light of these
constraints, this Member is grateful and pleased that this legislation
includes funding for several important projects of interest to the
State of Nebraska.
First, this Member is pleased that H.R. 4461 provides $500,000 for
the Midwest Advanced Food Manufacturing Alliance (MAFMA). The Alliance
is an association of twelve leading research universities and corporate
partners. Its purpose is to develop and facilitate the transfer of new
food manufacturing and processing technologies.
The MAFMA awards grants for research projects on a peer review basis.
These awards must be supported by an industry partner willing to
provide matching funds. In the first six years of funding, MAFMA has
directed $2,142,317 toward a research competition at the 12
universities. Projects must receive matching funds. Over the first six
years, matching funds of $2,666,129 plus in-kind contributions of
$625,407 were received for MAFMA funded projects from 105 companies or
organizations. These figures convincingly demonstrate how successful
the Alliance has been in leveraging support from the food manufacturing
and processing industries.
Mr. Chairman, the future viability and competitiveness of the U.S.
agricultural industry depends on its ability to adapt to increasing
world-wide demands for U.S. exports of intermediate and consumer good
exports. In order to meet these changing world-wide demands,
agricultural research must also adapt to provide more emphasis on
adding value to our basic farm commodities. The Midwest Advanced Food
Manufacturing Alliance can provide the necessary cooperative link
between universities and industries for the development of competitive
food manufacturing and processing technologies. This will, in turn,
ensure that the United States agricultural industry remains competitive
in a increasingly competitive global economy.
This Member is also pleased that this bill includes $200,00 to fund
the National Drought Mitigation Center (NDMC) at the University of
Nebraska-Lincoln. This project is in its fourth year and has assisted
numerous states and cities in developing drought plans and developing
drought response teams. Given the nearly unprecedented levels of
drought in several parts of our country, this effort is obviously
important.
On March 13, 2000, the Federal Government issued its first-ever
spring drought forecast. It anticipates drought across the southern
U.S. and in the central part of the nation. These drought conditions
clearly pose a threat to individuals, agriculture and industry
throughout the nation. As the drought continues, the NDMC will play an
increasingly important role in helping people and institutions develop
and implement measures to reduce societal vulnerability to this danger.
Most of the NDMC's services are directed to state, Federal, regional
and tribal governments that are involved in drought and water supply
planning.
Another important project funded by this bill is the Alliance for
Food Protection, a joint project between the University of Nebraska and
the University of Georgia. The mission of this Alliance is to assist
the development and modification of food processing and preservation
technologies. This technology will help ensure that Americans continue
to receive the safest and highest quality food possible.
This Member is also pleased that the legislation has agreed to fund
the following ongoing Cooperative State Research, Education, and
Extension Service (CSREES) projects at the University of Nebraska-
Lincoln:
Food Processing Center..........................................$42,000
Non-food agricultural products...................................64,000
Sustainable agricultural systems.................................59,000
Rural Policy Research Institute (RUPRI) (a joint effort with Iowa
State University and the University of Missouri)............1,000,000
Also, this Member is pleased that H.R. 4461 includes $100 million for
the Section 538, the rural rental multi-family housing loan guarantee
program. The program provides a Federal guarantee on loans made to
eligible persons by private lenders. Developers will bring ten percent
of the cost of the project to the table, and private lenders will make
loans for the balance. The lenders will be given a 100% Federal
guarantee on the loans they make. Unlike the current Section 515 direct
loan Program, where the full costs are borne by the Federal Government,
the only costs to the Federal Government under the 538 Guarantee
Program will be for administrative costs and potential defaults.
Mr. Chairman, this Member appreciates the Subcommittee's support for
the Department of Agriculture's 502 Unsubsidized Loan Guarantee
Program. The program has been very effective in rural communities by
guaranteeing loans made by approved lenders to eligible income
households in small communities of up
[[Page H5458]]
to 20,000 residents in non-metropolitan areas and in rural areas. The
program provides guarantees for 30 year fixed-rate mortgages for the
purchase of an existing home or the construction of a new home.
Mr. Chairman, in conclusion, this Member supports H.R. 4461 and urges
my colleagues to approve it.
Mr. WATTS of Oklahoma. Mr. Chairman, today the House will consider
H.R. 4461, the FY2001 Agriculture Appropriations Act. I would like to
thank Chairman Skeen and the members of the Subcommittee for their
leadership in drafting this legislation and I rise in strong support of
its passage.
Included in this legislation is funding for the Retired Educators for
Agricultural Programs, or REAP. REAP is an organization which was
established in 1994 to address the diminishing numbers of African
American agricultural education teachers in Oklahoma and the scarcity
of African American youth enrolled in vocational agriculture and
programs such as the Future Farmers of America. Initially, REAP was
operating in five counties in Oklahoma. It has since begun to operate
in other areas throughout the State.
The mission of REAP is to build a foundation that promotes personal
and economic opportunities in agriculture for African American youth
through project development and partnerships with educational and other
community resources. One of the primary goals of REAP is to emphasize
citizenship, economic development, leadership and scholarship to the
African American youth involved in the program.
REAP extends its outreach to the parents and community members by
means of programs, forums and opportunities to chaperone student
activities. The program encourages this participation in the hope that
the adults will become better informed, more involved and more
supportive of the reasonable and achievable aspirations of their young
people.
REAP exemplifies a model that can be easily replicated. It is a
program of vision, partnerships and commitment that is timeless in
focus and limited only by the parameters of the imagination. Field
trips to areas in my district in Southwest Oklahoma have ignited great
interest in expanding the program into this area of our state. Parents
and teachers in Lawton, Altus, Frederick and Tipton, assure me that
there is a great need for REAP in our area of the State where limited
financial resources have precluded service.
Mr. Chairman, REAP is an important program which could be used as a
model for similar programs in other states. This program is vital to
the further development of rural America. I am honored to have the
opportunity to play a role in furthering the efforts of this very
important program. I would like to urge my colleagues in the House to
join me in support of REAP and the development of programs like it
elsewhere by casting their vote in favor of H.R. 4461.
Mr. COLLINS. Mr. Chairman, I am pleased to note that the Committee
has recognized the vital role the College of Agricultural and
Environmental Sciences in Griffin, Georgia plays in improving and
sustaining the Southeast's food supply. I would like to specifically
thank Chairman Skeen for his efforts in assessing the merits of this
facility and am gratified he recognizes the importance of providing
farmers and scientists with safe and accessible plant genetic
resources.
The Griffin campus is the headquarters of the Plant Genetic Resources
Conservation Unit (PGRCU). As one of four working collections in the
National Plant Germplasm System, the PGRCU conducts research critical
to the national effort to develop plant varieties resistant to insects,
diseases, and other pests. The work done at Griffin is especially
important when one considers that many of the edible plants we take for
granted in this nation have countries of origin outside the United
States. The PGRCU stores and reproduces the genetic materials of these
plants, in the form of seeds and vegetative tissue, for use in domestic
food production and scientific research.
The PGRCU was established in 1949 as a cooperative effort of the USDA
Agricultural Research Service (ARS) and the Southern State Agricultural
Experiment Stations. Significant advances in genetic technology have
been made over the last decade, and the PGRCU's collection of genetic
resources has expanded. However, since 1989, funding from USDA has
remained essentially constant at approximately $1,500,000. An increase
in the operational budget is urgently needed to bring the genetic
resource collection to an acceptable level of quality, and to provide
the expected and necessary germplasm quality to users of the
collection. As we continue consideration of Fiscal Year 2001 funding
levels, I urge my colleagues to recognize the importance of the Griffin
Agriculture Experiment Station to agriculture in the Southeastern
United States. I hope we will be able to ensure the full funding
request, as it is necessary to continue the Griffin facility's vital
work.
{time} 1145
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule and title VIII shall be considered read.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Chairman of the Committee of the Whole may postpone a request for
a recorded vote on any amendment and may reduce to a minimum of 5
minutes the time for voting on any postponed question that immediately
follows another vote, provided that the time for voting on the first
question shall be a minimum of 15 minutes.
The Clerk will read.
The Clerk read as follows:
H.R. 4461
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
2001, and for other purposes, namely:
Mr. BOYD. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I will not take the 5 minutes. But I want to continue
the discussion between the gentleman from Iowa (Mr. Latham) and the
gentleman from Ohio (Mr. Boehner). It is a very important discussion.
I would just like to say that I think there is agreement in the
agricultural community all across this Nation that our rural markets
are very critical to us to agriculture being successful.
But where there is not agreement, and I would dispute what the
gentleman from Ohio (Mr. Boehner) said, the farm policy that was put in
place by this Congress, the 104th Congress in 1996, is not working. It
is not working in many parts of the country. It may be working in
certain parts of the country. But it is important for the future
national security of this country that our agriculture industry stays
strong, and it will not stay strong under this current farm policy
without huge influxes of cash from the Federal Treasury. That is what
we want to avoid.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5
U.S.C. 3109, $2,836,000: Provided, That not to exceed $11,000
of this amount, along with any unobligated balances of
representation funds in the Foreign Agricultural Service,
shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the
Secretary: Provided further, That none of the funds
appropriated or otherwise made available by this Act may be
used to pay the salaries and expenses of personnel of the
Department of Agriculture to carry out section 793(c)(1)(C)
of Public Law 104-127: Provided further, That none of the
funds made available by this Act may be used to enforce
section 793(d) of Public Law 104-127.
Ms. KAPTUR. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I wanted to follow on the comments on Freedom to Farm
of the gentleman from Florida (Mr. Boyd), my good colleague from the
subcommittee, and just set the record straight here. We are now
spending more money to prop up rural America in this country than we
ever did prior to Freedom to Farm. It is into the multibillions. In the
year of 1999, in the regular appropriation and the supplemental, over
$7 billion. Then in the year 2000, $8.7 billion. In the Crop Insurance
bill that just moved through here like lightening speed a few weeks ago
and signed by the administration, $5.5 billion.
Prior to Freedom to Farm being passed, about 8 cents of every dollar
that a farmer in this country made came through the government. It is
now 43 cents on average.
The tragedy in Freedom to Farm is we are paying people who do not
produce. This is an amazing program. This is freedom not to farm. We
are spending more than we ever spent in
[[Page H5459]]
the entire history of our farm programs. We are all for exports, but we
are all for people here at home making money off their production.
There are some that are really doing very well under this program,
and I just wanted to set the record straight. Because if one adds up
the gargantuan amounts of money that we are having to use to prop up
this system, something is fundamentally wrong with the architecture of
the basic programs.
So those gentlemen that stood up there who have now left the floor, I
wished they were down here. But take a look at the accounts. One of the
reasons we are so stretched in this bill is simply because we are
having to, on an emergency basis, prop up a system that is sick from
coast to coast complicated further by bad weather and disasters.
So that Freedom to Farm program has to be revisited quickly, and we
need a new farm policy in this country that rewards production, not
lack of production.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including
economic analysis, risk assessment, cost-benefit analysis,
energy and new uses, and the functions of the World
Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), and including
employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $5,000 is for employment under 5 U.S.C. 3109,
$6,408,000.
national appeals division
For necessary expenses of the National Appeals Division,
including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $25,000 is for employment under 5 U.S.C.
3109, $11,718,000.
Office of Budget and Program Analysis
For necessary expenses of the Office of Budget and Program
Analysis, including employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), of which not to exceed $5,000 is for employment
under 5 U.S.C. 3109, $6,581,000.
Mr. KIND. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise out of serious concern about what is taking
place throughout rural America, especially the adverse impact that low
commodity prices are having on family farmers today, not just in my
district, but this is true from East Coast to West Coast and virtually
every region throughout the country.
The bill that the House is considering today is woefully inadequate
for those family farmers throughout rural America. As we all know, the
current situation in the countryside today is dire, but the price of
nearly every commodity across the board is at or near record lows.
In my western Wisconsin district, dairy farm families are
experiencing some of the lowest prices in more than two decades.
Wisconsin dairy farmers currently receive less than $10 per hundred
weight for milk that sells for over $35 or more at the grocery store.
With such market inequities, roughly five to six dairy families are
going out of business in the State of Wisconsin alone. That is
intolerable. That is inexcusable. We need to do better.
Unfortunately, on this issue, Congress has been asleep at the wheel.
In short, the 1996 farm bill is failing our family farmers, while in
fact, as the ranking member just pointed out, we are spending more
money today than we ever did prior to the farm bill being passed back
in 1996, and sending money to nonproducing land owners.
We are providing only lip service and no relief to those actually
working and toiling on the farms and what they require. One month ago,
this body literally tripped over itself to push out the door a $15
billion crop insurance bill which contained $8 billion in emergency
farm relief funding. As is too often the case, that bill primarily
assists larger agribusiness at the expense of mid-size dairy, beef, and
hog producers.
This Congress needs to take swift action to stop the hemorrhaging
that is occurring in rural America. Despite the best intentions of the
chairman and the ranking member, this bill falls woefully short. While
this package takes care of many other farm commodities such as sugar
and mohair and cotton, it fails to acknowledge the problems plaguing
America's dairy farm families.
Because this Congress remains stuck in neutral, I decided to take
some proactive steps to address the major issues affecting America's
dairy farm families. Later this week, I plan to introduce legislation
that mandates accurate price reporting for all manufactured dairy
products throughout the country.
I am also working with dairy groups across the nation to develop a
comprehensive dairy package which provides a price safety net when the
market falls apart on our farmers. The need for these proactive steps
is long past due, and I am hopeful that the House and my colleagues
will look upon these measures favorably and support them when they are
introduced.
Mr. Chairman, the time for action is now. We cannot lose any more
farmers because of shortsighted, narrowly conceived farm policy
supported by some here in this Chamber. I am disappointed that this
bill does not do more to assist the hard-working men and women who
labor daily to produce our Nation's milk, cheese, butter and yogurt.
The farmers back home are not looking for any special privileges or
any special advantages compared to other farmers throughout the
country. What they are asking for is the recognition that we, as a
nation, cannot afford to lose family farmers and see further
consolidation of the agriculture industry that is taking place with a
greater emphasis on larger and larger agribusiness operations who are
starting to dominate more and more of our food supply throughout the
country.
This is a very serious and I believe a very dangerous trend in the
long run because we may find ourselves waking up some morning in this
country, realizing that our entire food supply needs as a nation is
dependent upon a few very large corporate elites producing our entire
food needs. Then we are quickly talking about a national security
crisis at that point.
Hopefully, this body will recognize the true crisis that exists right
now and have the courage to take action, which is long overdue, of
opening up a farm bill that obviously is not working for producers from
Coast to Coast and finally do right by our family farmers, who are
struggling day in and day out, many holding on by their fingernails
just to stay in business. We cannot afford to see the greater and
greater consolidation taking place throughout the country and us
becoming more and more dependent on fewer and fewer hands for our food
supply.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, including employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), of which not to exceed $10,000 is for
employment under 5 U.S.C. 3109, $10,051,000.
Mr. SHOWS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, today we are debating voting on one of the most
important bills of the year, Agriculture Appropriations.
America's farmers have entered the 21st century as they did the 20th
century, as the most productive, efficient, and successful farm
community in the history of the planet.
With this record of success, how can so many farmers be struggling?
This question must be addressed because when the American farmer is in
crisis, so is America. We must seek the proper direction to sustain our
farm system and set a positive pace for years to come.
While facing some of the lowest prices for their work, the farm
community is facing a sustained and severe drought. Drought conditions
have caused speculation of 100 percent crop losses in corn and grazing
crops in Pike County in my district.
People in the business of digging wells are busier than ever, and
many farmers in the fourth district simply do not know if they can
continue.
The USDA Disaster Assistance Program, NAP, continues to operate as
though the Pony Express is bringing them news from the farm. While
satellite imaging and knowledge of global weather patterns are
available, the USDA seems tied to old methods of policy that make the
delivery system of disaster payments too little too late.
[[Page H5460]]
We must address these problems. In the meantime, we must pass this
bill today. Thanks to the work of Senator Cochran in the Senate, we
have an opportunity to provide added assistance to the Livestock
Assistance Program. We must act and we must create a mechanism that
provides this assistance in lightning fashion.
Mr. Chairman, back in 1977, I was one of the farmers who came to
Washington during the American agriculture movement to protest what was
happening to our family farmers. I have not seen a lot changed since
1977 because there are a lot of farmers going out of business today
just like they did in the late 1970s.
If we do not do something about the small farmer and family farms
while we have a budget surplus to do something about it, I do not know
when we are ever going to answer this question.
But our farmers provide the food we eat and clothes we wear. They
provide the foundation of our communities all across America.
Economically, our farmers are crucial. The total market value of our
farmers production in my congressional district is over a half a
billion dollars. That is a lot of economy and a lot of jobs in my area,
and we certainly do not need to lose them. We certainly do not need to
lose our family farms.
Mr. SHERMAN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise to address the House on two amendments that will
come up in this bill, both dealing with the importation of agricultural
and fishery products from the Islamic Republic of Iran.
The first will be offered by the gentleman from New York (Mr. Weiner)
and myself, and it simply cuts $15,000 from APHIS. That is a small and
symbolic amount. It is the minimum amount that we believe would be
necessary in order to inspect goods coming from Iran and make sure that
they were eligible for importation into the United States. Those goods
would include caviar, dried fruit, and nuts.
So I hope that the House, without undue time delay, could simply
adopt that amendment. I realize, though, that that amendment by itself
does not control how the Department of Agriculture spends its money, it
simply reduces by $15,000 the amount of money the Department would
have.
So a second amendment will be offered by myself and perhaps others at
the end of the bill, and that amendment would say that no money
provided by the Agriculture Appropriations bill can be used to allow
for the importation, basically the inspection of these agricultural
products coming from Iran.
So one amendment saves us an extremely small amount of money, and the
other amendment eliminates the need and prohibits the expenditure of
that money.
We would hope that both these amendments could pass by a voice vote,
because we were here late last night, late the night before, and I know
how unpopular I am likely to be in asking 400 some of our colleagues to
walk across the street to vote, not on one, but on two amendments.
Conference Report (H. Rept. 106-710)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4425) ``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'', having met, after full
and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
DIVISION A--FISCAL YEAR 2001 MILITARY CONSTRUCTION APPROPRIATIONS
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated for military
construction, family housing, and base realignment and
closure functions administered by the Department of Defense,
for the fiscal year ending September 30, 2001, and for other
purposes, namely:
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $909,245,000, to remain available until
September 30, 2005: Provided, That of this amount, not to
exceed $109,306,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his
determination and the reasons therefor.
Military Construction, Navy
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy as currently
authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$928,273,000, to remain available until September 30, 2005:
Provided, That of this amount, not to exceed $73,335,000
shall be available for study, planning, design, architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $870,208,000, to remain
available until September 30, 2005: Provided, That of this
amount, not to exceed $74,628,000 shall be available for
study, planning, design, architect and engineer services, as
authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of his determination and the reasons therefor.
Military Construction, Defense-wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $814,647,000,
to remain available until September 30, 2005: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as he may designate,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That of the amount
appropriated, not to exceed $77,505,000 shall be available
for study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of his determination and the reasons
therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$281,717,000, to remain available until September 30, 2005.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$203,829,000, to remain available until September 30, 2005.
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
[[Page H5461]]
Authorization Acts, $108,738,000, to remain available until
September 30, 2005.
Military Construction, Naval Reserve
(including rescissions)
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $64,473,000, to remain available until September 30,
2005: Provided further, That the funds appropriated for
``Military Construction, Naval Reserve'' under Public Law
105-45, $2,400,000 is hereby rescinded.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $36,591,000, to remain
available until September 30, 2005.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized in Military
Construction Authorization Acts and section 2806 of title 10,
United States Code, $172,000,000, to remain available until
expended.
Family Housing, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension and alteration and for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construction,
$235,956,000, to remain available until September 30, 2005;
for Operation and Maintenance, and for debt payment,
$951,793,000; in all $1,187,749,000.
Family Housing, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension and alteration and for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, as follows: for
Construction, $418,155,000, to remain available until
September 30, 2005; for Operation and Maintenance, and for
debt payment, $881,567,000; in all $1,299,722,000.
Family Housing, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension and alteration and for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and
insurance premiums, as authorized by law, as follows: for
Construction, $251,982,000, to remain available until
September 30, 2005; for Operation and Maintenance, and for
debt payment, $820,879,000; in all $1,072,861,000.
Family Housing, Defense-wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for construction, including
acquisition, replacement, addition, expansion, extension and
alteration, and for operation and maintenance, leasing, and
minor construction, as authorized by law, for Operation and
Maintenance, $44,886,000.
Base Realignment and Closure Account, Part IV
For deposit into the Department of Defense Base Closure
Account 1990 established by section 2906(a)(1) of the
Department of Defense Authorization Act, 1991 (Public Law
101-510), $1,024,369,000, to remain available until expended:
Provided, That not more than $865,318,000 of the funds
appropriated herein shall be available solely for
environmental restoration, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of his determination and the reasons
therefor.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in Military
Construction Appropriations Acts shall be expended for
payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without
the specific approval in writing of the Secretary of Defense
setting forth the reasons therefor.
Sec. 102. Funds appropriated to the Department of Defense
for construction shall be available for hire of passenger
motor vehicles.
Sec. 103. Funds appropriated to the Department of Defense
for construction may be used for advances to the Federal
Highway Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
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
[[Page H5462]]
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. (a) No funds appropriated pursuant to this Act
may be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
(b) No funds made available under this Act shall be made
available to any person or entity who has been convicted of
violating the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 122. (a) In the case of any equipment or products that
may be authorized to be purchased with financial assistance
provided under this Act, it is the sense of the Congress that
entities receiving such assistance should, in expending the
assistance, purchase only American-made equipment and
products.
(b) In providing financial assistance under this Act, the
Secretary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
(transfer of funds)
Sec. 123. Subject to 30 days prior notification to the
Committees on Appropriations, such additional amounts as may
be determined by the Secretary of Defense may be transferred
to the Department of Defense Family Housing Improvement Fund
from amounts appropriated for construction in ``Family
Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund: Provided, That
appropriations made available to the Fund shall be available
to cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to
the provisions of subchapter IV of chapter 169, title 10,
United States Code, pertaining to alternative means of
acquiring and improving military family housing and
supporting facilities.
Sec. 124. None of the funds appropriated or made available
by this Act may be obligated for Partnership for Peace
Programs in the New Independent States of the former Soviet
Union.
Sec. 125. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for
military family housing the Secretary of the military
department concerned shall submit to the congressional
defense committees the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice
of any guarantee (including the making of mortgage or rental
payments) proposed to be made by the Secretary to the private
party under the contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal
Government with respect to the guarantee.
(c) In this section, the term ``congressional defense
committees'' means the following:
(1) The Committee on Armed Services and the Military
Construction Subcommittee, Committee on Appropriations of the
Senate.
(2) The Committee on Armed Services and the Military
Construction Subcommittee, Committee on Appropriations of the
House of Representatives.
(transfer of funds)
Sec. 126. During the current fiscal year, in addition to
any other transfer authority available to the Department of
Defense, amounts may be transferred from the account
established by section 2906(a)(1) of the Department of
Defense Authorization Act, 1991, to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses
associated with the Homeowners Assistance Program. Any
amounts transferred shall be merged with and be available for
the same purposes and for the same time period as the fund to
which transferred.
Sec. 127. Notwithstanding this or any other provision of
law, funds appropriated in Military Construction
Appropriations Acts for operations and maintenance of family
housing shall be the exclusive source of funds for repair and
maintenance of all family housing units, including flag and
general officer quarters: Provided, That not more than
$25,000 per unit may be spent annually for the maintenance
and repair of any general or flag officer quarters without 30
days advance prior notification of the appropriate committees
of Congress: Provided further, That the Under Secretary of
Defense (Comptroller) is to report annually to the Committees
on Appropriations all operations and maintenance expenditures
for each individual flag and general officer quarters for the
prior fiscal year.
Sec. 128. The Army, Navy, Marine Corps, and Air Force are
directed to submit to the appropriate committees of the
Congress by July 1, 2001, a Family Housing Master Plan
demonstrating how they plan to meet the year 2010 housing
goals with traditional construction, operation and
maintenance support, as well as privatization initiative
proposals. Each plan shall include projected life cycle costs
for family housing construction, basic allowance for housing,
operation and maintenance, other associated costs, and a time
line for housing completions each year.
(rescission of funds)
Sec. 129. Of the funds provided in previous Military
Construction Appropriations Acts, $100,000,000 is hereby
rescinded as of the date of the enactment of this Act.
(transfer of funds)
Sec. 130. During fiscal year 2001, in addition to any other
transfer authority available to the Department of Defense,
funds appropriated in the Military Construction
Appropriations Act, 2000 (Public Law 106-52; 113 Stat. 259)
under the heading ``Military Construction, Naval Reserve''
and still unobligated may be transferred to the account for
``Military Construction, Navy''. Amounts transferred under
this section shall be merged with, and be available for the
same period as, the amounts in the account to which
transferred and shall be available to construct, under the
authority of section 2805 of title 10, United States Code, an
elevated water storage tank at the Naval Support Activity
Midsouth, Millington, Tennessee.
Sec. 131. (a) The Secretary of the Army may accept funds
from the Federal Highway Administration, or the 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 the enactment of this Act.
(rescission of funds)
Sec. 132. Of the funds available to the Secretary of
Defense in the ``Foreign Currency Fluctuations, Construction,
Defense'' account, $83,000,000 is hereby rescinded.
(transfer of funds)
Sec. 133. Amendments.--Section 131 of the Military
Construction Appropriations Act, 1988 (Public Law 100-202),
is amended--
(1) by striking subsection (c)(1), and inserting the
following:
``(c)(1) The Secretary shall use amounts paid to the
Secretary under subsection (b) for the acquisition of
suitable sites for military family housing; or, the
acquisition, construction, or revitalization of military
family housing in the San Diego region, either through
conventional military construction or through use of any of
the alternative authorities contained in subchapter IV,
chapter 169 of title 10, United States Code.''.
(2) by adding after subsection (c)(2) the following new
subparagraph:
``(3) Any funds received by the Secretary under subsection
(b) and not deposited into the general fund of the Treasury
under subsection (c)(2) may be transferred into the
Department of Defense Family Housing Improvement Fund in
accordance with section 2883 in subchapter IV, chapter 169 of
title 10, United States Code.''.
Sec. 134. Section 412(c) of the Woodrow Wilson Memorial
Bridge Authority Act of 1995 (112 Stat. 160) is amended by
inserting before the period at the end of the sentence the
following: ``, and up to $170,000,000 for dredging and
foundation activities for construction'': Provided, That this
section becomes effective immediately upon enactment of this
Act.
Sec. 135. Notwithstanding any other provision of law, the
Secretary of the Navy is authorized to use funds received
pursuant to section 2601 of title 10, United States Code, for
the construction, improvement, repair, and maintenance of the
historic residences located at Marine Corps Barracks, 8th and
I Streets, Washington, D.C.: Provided, That the Secretary
notifies the appropriate committees of Congress 30 days in
advance of the intended use of such funds: Provided further,
That this section becomes effective immediately upon
enactment of this Act.
Brooks Air Force Base Development Demonstration Project
Sec. 136. (a) Purpose.--The purpose of this section is to
evaluate and demonstrate methods for more efficient operation
of military installations through improved capital asset
management and greater reliance on the public or private
sector for 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
[[Page H5463]]
Brooks Air Force Base, Texas, a demonstration project to be
known as the ``Base Efficiency Project'' to improve mission
effectiveness and reduce the cost of providing quality
installation support at Brooks Air Force Base.
(2) The Secretary may carry out the Project in consultation
with the Community to the extent the Secretary determines
such consultation is necessary and appropriate.
(3) The authority provided in this section is in addition
to any other authority vested in or delegated to the
Secretary, and the Secretary may exercise any authority or
combination of authorities provided under this section or
elsewhere to carry out the purposes of the Project.
(4) The Secretary may not exercise any authority under this
section until after the end of the 30-day period beginning on
the date the Secretary submits to the appropriate committees
of the Congress a master plan for the development of the
Base.
(c) Efficient Practices.--(1) The Secretary may convert
services at or for the benefit of the Base from
accomplishment by military personnel or by Department
civilian employees (appropriated fund or non-
appropriated fund), to services performed by contract or
provided as consideration for the lease, sale, or other
conveyance or transfer of property.
(2) Notwithstanding section 2462 of title 10, United States
Code, a contract for services may be awarded based on ``best
value'' 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.
[[Page H5464]]
(7) The term ``Project Fund'' means the Base Efficiency
Project Fund established by subsection (h).
(8) The term ``public services'' means public services
(except public schools, fire protection, and police
protection) that are funded by local and State taxes and
provided without specific charge to the public at large.
(9) The term ``Secretary'' means the Secretary of the Air
Force or the Secretary's designee, who shall be a civilian
official of the Department appointed by the President with
the advice and consent of the Senate.
(10) The term ``State'' means the State of Texas.
(n) This section becomes effective immediately upon
enactment of this Act.
Sec. 137. Of the funds made available in the Military
Construction Appropriations Act, 1999 (Public Law 105-237)
under the heading ``Military Construction, Defense-Wide'' for
planning and design, not less than $1,000,000 shall be
available for the design of an elementary school for the
Central Kitsap School District to meet the educational needs
of military dependents at the Naval Submarine Base, Bangor,
Washington: Provided, That this section becomes effective
immediately upon enactment of this Act.
Sec. 138. The total amount of appropriated funds that may
be expended for the military construction project at the
Military Academy at West Point, New York, to construct and
renovate the Cadet Physical Development Center shall not
exceed $77,500,000, regardless of the fiscal year for which
the funds were or are appropriated: Provided, That this
section becomes effective immediately upon enactment of this
Act.
Sec. 139. (a) Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on
construction, security and operation of Forward Operating
Locations (FOL) in Manta, Ecuador, Aruba, Curacao, and El
Salvador.
(b) The report required by subsection (a) shall address the
following: (1) a schedule for making each Forward Operating
Location (FOL) fully operational, including cost estimates,
time line of contracting and construction with completion
dates, a description of the potential capabilities for each
proposed location and an explanation of how the FOL
architecture fits into the overall 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.
This division may be cited as the ``Military Construction
Appropriations Act, 2001''.
DIVISION B
FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2000, and for other purposes, namely:
TITLE I--KOSOVO AND OTHER NATIONAL SECURITY MATTERS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $23,883,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $20,565,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $37,155,000: Provided, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $38,065,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That of the funds appropriated under this heading,
$8,000,000 shall be made available only for use in federally
owned educational facilities located on military
installations for the purpose of transferring title of such
facilities to the local educational authorities.
Operation and Maintenance, Defense-Wide
(Including Transfer of Funds)
For necessary expenses to provide assistance to Vieques,
Puerto Rico, $40,000,000, to remain available until September
30, 2003: Provided, That such funds shall be in addition to
amounts otherwise available for such purposes: Provided
further, That the Secretary of Defense may transfer funds to
any agency or office of the United States Government in order
to implement the projects for which funds are provided under
this heading 30 days after the Director of the Office of
Management and Budget notifies the House and Senate
Committees on Appropriations of each proposed transfer:
Provided further, That each notification transmitted to the
Committees shall identify the specific amount, recipient
agency and purpose for which such transfer is proposed:
Provided further, That appropriations made available under
this heading may be transferred and obligated for the
following purposes: a study of the health of Vieques
residents; fire-fighting related equipment and facilities at
Antonio Rivera Rodriguez Airport; construction or
refurbishment of a commercial ferry pier and terminal and
associated navigational improvements; establishment and
construction of an artificial reef; reef conservation,
restoration, and management activities; payments to
registered Vieques commercial fishermen of an amount
determined by the National Marine Fisheries Service for each
day they are unable to use existing waters because the Navy
is conducting training; expansion and improvement of major
cross-island roadways and bridges; an apprenticeship/training
program for young adults; preservation and protection of
natural resources; an economic development office and
economic development activities; and conducting a referendum
among the residents of Vieques regarding further use of the
island for military training programs: Provided further, That
for purposes of providing assistance to Vieques, any agency
or office of the United States Government to which these
funds are transferred may utilize, in addition to any
authorities available in this paragraph, any authorities
available to that agency or office for carrying out related
activities, including utilization of such funds for
administrative expenses: Provided further, That any amounts
transferred to the Department of Housing and Urban
Development, ``Community development block grants'', shall be
available only for assistance to Vieques, notwithstanding
section 106 of the Housing and Community Development Act of
1974: Provided further, That the Department of Commerce may
make direct payments to registered Vieques commercial
fishermen: Provided further, That the Department of the Navy
may provide 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 30 days after the Secretary of the Navy has
certified to the congressional defense committees that the
integrity and accessibility of the training range is
uninterrupted, and trespassing and other intrusions on the
range have ceased: Provided further, That the Secretary of
the Navy shall recertify to the congressional defense
committees the status of the range 90 days after the initial
certification, and each 90 days thereafter: Provided further,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $2,174,000: Provided, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $2,851,000: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for the ``Overseas Contingency
Operations Transfer Fund'', $2,050,400,000, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the Secretary of Defense may transfer the funds
provided herein only to appropriations for military
personnel; operation and maintenance, including Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; the Defense Health Program;
and working capital funds: Provided further, That the funds
transferred shall be merged with and shall be available for
the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That
the transfer authority provided in this paragraph is in
addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
PROCUREMENT
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $73,000,000, to remain
[[Page H5465]]
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, to remain available for
obligation until September 30, 2001, only for continued test
activities under the Tactical High Energy Laser (THEL)
program.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$3,533,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 101. (a) Minimum Rates of Basic Allowance for Housing
for Members of the Uniformed Services.--During the period
beginning on January 1, 2000, and ending on September 30,
2001 (or such earlier date as the Secretary of Defense
considers appropriate), a member of the uniformed services
entitled to a basic allowance for housing for a military
housing area in the United States shall be paid the allowance
at a monthly rate not less than the rate in effect on
December 31, 1999, in that area for members serving in the
same pay grade and with the same dependency status as the
member.
(b) Annual Limitation on Allowance.--In light of the rates
for the basic allowance for housing authorized by subsection
(a), the Secretary of Defense may exceed the limitation on
the total amount paid during fiscal year 2000 and 2001 for
the basic allowance for housing in the United States
otherwise applicable under section 403(b)(3) of title 37,
United States Code.
(c) Sense of the Congress Regarding Military Families on
Food Stamps.--It is the sense of the Congress that members of
the Armed Forces and their dependents should not have to rely
on the food stamp program, and the President and the Congress
should take action to ensure that the income level of members
of the Armed Forces is sufficient so that no member meets the
income standards of eligibility in effect under the food
stamp program.
(Including Transfer of Funds)
Sec. 102. In addition to amounts appropriated or otherwise
made available elsewhere in this Act for the Department of
Defense or in the Department of Defense Appropriations Act,
2000 (Public Law 106-79), $1,556,200,000 is hereby
appropriated to the Department of Defense for the ``Defense-
Wide Working Capital Fund'' and shall remain available until
expended, for price increases resulting from worldwide
increases in the price of petroleum: Provided, That the
Secretary of Defense shall transfer $1,556,200,000 in excess
collections from the ``Defense-Wide Working Capital Fund''
not later than September 30, 2001 to the operation and
maintenance; research, development, test and evaluation; and
working capital funds: Provided further, That the transfer
authority provided in this section is in addition to the
transfer authority provided to the Department of Defense in
this Act or any other Act: Provided further, That the entire
amount made available in this section is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Sec. 103. In addition to the amounts provided elsewhere in
this Act or in the Department of Defense Appropriations Act,
2000 (Public Law 106-79), $90,000,000 is hereby appropriated
for ``Aircraft Procurement, Air Force'', only for F-15
aircraft or associated components, systems, or subsystems.
Sec. 104. In addition to the amounts provided elsewhere in
this Act or in the Department of Defense Appropriations Act,
2000 (Public Law 106-79), $163,700,000 is hereby appropriated
for ``Procurement of Weapons and Tracked Combat Vehicles,
Army'', only for procurement, advance procurement, or
economic order quantity procurement of Abrams M1A2 SEP
Upgrades under multiyear contract authority provided under
section 8008 of the Department of Defense Appropriations Act,
2000: Provided, That none of the funds under this section
shall be obligated until the Secretary of the Army certifies
to the congressional defense committees that these funds will
be used to upgrade vehicles for an average unit cost (for 307
vehicles) that does not exceed $5,900,000.
Sec. 105. In addition to the amounts provided in the
Department of Defense Appropriations Act, 2000 (Public Law
106-79), $615,600,000 is hereby appropriated for ``Defense
Health Program'', to remain available for obligation until
September 30, 2001: Provided, That such funds shall be
available only for the purposes described and in accordance
with section 106 of this chapter: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Sec. 106. (a) Of the amounts provided in section 105 of
this chapter for ``Defense Health Program''--
(1) not to exceed $90,300,000 shall be available for
obligations and adjustments to obligations required to cover
unanticipated increases in TRICARE contract costs that (but
for insufficient funds) would have been properly chargeable
to the Defense Health Program account for fiscal year 1998 or
fiscal year 1999; and
(2) not to exceed $525,300,000 shall be available for
obligations and adjustments to obligations required to cover
unanticipated increases in TRICARE contract costs that are
properly chargeable to the Defense Health Program account for
fiscal year 2000 or fiscal year 2001.
(b) The Secretary of Defense shall notify the congressional
defense committees before charging an obligation or an
adjustment to obligations under this section.
(c) The Secretary of Defense shall submit to the
congressional defense committees a report on obligations made
under this section no later than 30 days after the end of
fiscal year 2000.
Sec. 107. In addition to the amounts provided in the
Department of Defense Appropriations Act, 2000 (Public Law
106-79), $695,900,000 is hereby appropriated for ``Defense
Health Program'', to remain available for obligation until
September 30, 2002: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 108. In addition to the amounts appropriated or
otherwise made available in this Act or in the Department of
Defense Appropriations Act, 2000 (Public Law 106-79),
$27,000,000 is hereby appropriated to the Department of
Defense and is available only for the Basic Allowance for
Housing Program: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 109. (a) Military Recruiting, Advertising, and
Retention Programs.--In addition to amounts appropriated or
otherwise made available for the Department of Defense
elsewhere in this Act or in the Department of Defense
Appropriations Act, 2000 (Public Law 106-79), there is
hereby appropriated to the Department of Defense, to
remain available for obligation until September 30, 2001,
and to be available only for military personnel (to
include full-time manning), recruiting, advertising, and
retention programs, $357,288,000, as follows:
For military personnel accounts, $204,226,000, as follows:
``Military Personnel, Army'', $99,900,000;
``Military Personnel, Navy'', $23,500,000;
``Military Personnel, Marine Corps'', $4,000,000;
``Military Personnel, Air Force'', $7,500,000;
``Reserve Personnel, Army'', $32,500,000; and
``National Guard Personnel, Army'', $36,826,000.
For operation and maintenance accounts, $153,062,000, as
follows:
``Operation and Maintenance, Army'', $38,110,000;
``Operation and Maintenance, Navy'', $29,222,000;
``Operation and Maintenance, Marine Corps'', $8,100,000;
``Operation and Maintenance, Air Force'', $29,040,000;
``Operation and Maintenance, Army Reserve'', $18,890,000;
``Operation and Maintenance, Navy Reserve'', $6,700,000;
``Operation and Maintenance, Marine Corps Reserve'',
$2,000,000;
``Operation and Maintenance, Air Force Reserve'',
$4,000,000;
``Operation and Maintenance, Army National Guard'',
$12,000,000; and
``Operation and Maintenance, Air National Guard'',
$5,000,000.
(b) Emergency Designation.--The entire amount made
available in this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 110. (a) Depot-Level Maintenance and Repair.--In
addition to amounts appropriated or otherwise made available
for the Department of Defense elsewhere in this Act or in the
Department of Defense Appropriations Act, 2000 (Public Law
106-79), $220,000,000 is hereby appropriated for ``Operation
and Maintenance, Navy'', to remain available for obligation
until September 30, 2001, only for ship depot maintenance.
(b) Emergency Designation.--The entire amount made
available in this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 111. (a) High Priority Support to Deployed Forces.--In
addition to amounts appropriated or otherwise made available
elsewhere in this Act for the Department of Defense or in the
Department of Defense Appropriations Act, 2000 (Public Law
106-79), there is hereby appropriated to the Department of
Defense, to support deployed United States forces,
$503,900,000, as follows:
(1) For operation and maintenance accounts, to remain
available for obligation until September 30, 2001,
$96,000,000 as follows:
``Operation and Maintenance, Navy'', $20,000,000;
``Operation and Maintenance, Air Force'', $41,900,000;
``Operation and Maintenance, Defense-Wide'', $10,000,000;
and
``Operation and Maintenance, Air National Guard'',
$24,100,000.
(2) For procurement accounts, to remain available for
obligation until September 30, 2003, $344,900,000, as
follows:
``Aircraft Procurement, Army'', $25,000,000 (for Apache
helicopter safety and reliability modifications);
``Aircraft Procurement, Navy'', $52,800,000 (of which
$27,000,000 is for CH-46 helicopter engine safety procurement
and $25,800,000 for EP-3 sensor improvement modifications);
[[Page H5466]]
``Aircraft Procurement, Air Force'', $212,700,000 (of which
$111,600,000 is for U-2 reconnaissance aircraft sensor
improvements and modifications, and $101,100,000 is for
flight and mission trainers and simulators);
``Other Procurement, Air Force'', $41,400,000; and
``Procurement, Defense-Wide'', $13,000,000.
(3) For research, development, test and evaluation
accounts, to remain available for obligation until September
30, 2002, $63,000,000, as follows:
``Research, Development, Test and Evaluation, Army'',
$5,000,000 (for the WARSIMS program); and
``Research, Development, Test and Evaluation, Defense-
Wide'', $58,000,000.
(b) Emergency Designation.--The entire amount made
available in this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 112. To ensure the availability of biometrics
technologies in the Department of Defense, the Secretary of
the Army shall be the Executive Agent to lead, consolidate,
and coordinate all biometrics information assurance programs
of the Department of Defense: Provided, That there is hereby
appropriated for fiscal year 2000, in addition to other
amounts appropriated for such fiscal year by other provisions
of this Act, $5,000,000 for Operation and Maintenance, Army,
for carrying out the biometrics assurance programs and for
continuing the biometrics information assurance programs of
the Information System Security Program: Provided further,
That there is hereby appropriated for fiscal year 2000, in
addition to other amounts appropriated for such fiscal year
by other provisions of this Act, $1,000,000 for Operation and
Maintenance, Navy, and $1,000,000 for Operation and
Maintenance, Air Force, for carrying out the biometrics
assurance programs with the Army, as Executive Agent, to
lead, consolidate, and coordinate such programs.
Sec. 113. In addition to amounts appropriated or otherwise
made available for the Department of Defense elsewhere in
this Act or in the Department of Defense Appropriations Act,
2000 (Public Law 106-79), $125,000,000 is hereby appropriated
to the Department of Defense to remain available until
September 30, 2002, to be available only for the Patriot
missile program: Provided, That not later than 30 days after
the enactment of this Act the Department shall submit a
revised Patriot missile program plan to the congressional
defense committees: Provided further, That the entire amount
made available in this section is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Sec. 114. In addition to amounts provided elsewhere in this
Act for the Department of Defense, $300,000 is hereby
appropriated to be available only for Operation Walking
Shield for technical assistance and transportation of excess
housing to Indian tribes located in the States of North
Dakota, South Dakota, Montana and Minnesota, in accordance
with section 8155 of Public Law 106-79.
Sec. 115. In addition to amounts appropriated or otherwise
made available for the Department of Defense elsewhere in
this Act or in the Department of Defense Appropriations Act,
2000 (Public Law 106-79), there is hereby appropriated to the
Department of Defense, for the cost of peacekeeping and
humanitarian assistance operations in East Timor and
Mozambique, $61,500,000, to be distributed as follows:
``Operation and Maintenance, Navy'', $6,400,000;
``Operation and Maintenance, Marine Corps'', $8,100,000;
and
``Operation and Maintenance, Air Force'', $47,000,000:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
(Transfer of Funds)
Sec. 116. (a) Transfer of Funds.--Notwithstanding any other
provision of law, of the funds appropriated by title II of
the Department of Defense Appropriations Act, 2000 (Public
Law 106-79) under the heading ``Operation and Maintenance,
Defense-Wide'', $9,642,000 shall be transferred to the
Macalloy Special Account administered by the Administrator of
the Environmental Protection Agency to pay for response
actions by, or on behalf of, the Environmental Protection
Agency under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) at the Macalloy site in Charleston, South Carolina.
(b) Treatment of Funds.--Any of the funds transferred
pursuant to subsection (a) that are used to pay for response
actions at the Macalloy site shall be credited against any
liability of the United States with respect to the site under
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980.
Sec. 117. Notwithstanding any other provision of law, there
is appropriated to the Department of Defense $8,000,000 for
communications, communications infrastructure, logistical
support, resources and operational assistance required by the
Salt Lake Organizing Committee to stage the 2002 Olympic and
Paralympic Winter Games, such sums to remain available until
expended.
Sec. 118. The Ballistic Missile Defense Organization and
its subordinate offices and associated contractors, including
the Lead Systems Integrator, shall notify the congressional
defense committees 15 days prior to issuing any type of
information or proposal solicitation under the NMD Program
with a potential annual contract value greater than
$5,000,000 or a total contract value greater than
$30,000,000.
Sec. 119. (a) Requirement for Sale of Navy Drydock No. 9.--
Notwithstanding any other provision of law, the Secretary of
the Navy shall sell Navy Drydock No. 9 (AFDM-3), located in
Mobile, Alabama, to the Bender Shipbuilding and Repair
Company, Inc., which is the current lessee of the drydock
from the Navy.
(b) Consideration.--As consideration for the sale of the
drydock under subsection (a), the Secretary shall receive an
amount equal to the fair market value of the drydock at the
time of the sale, as determined by the Secretary.
Sec. 120. Subsection (b) of section 509 of title 32, United
States Code, is amended by striking ``Federal'' and inserting
``Department of Defense''.
Sec. 121. Use of Department of Defense Facilities as
Polling Places. (a) In General.--Notwithstanding any other
provision of law, the Secretary of Defense shall not prohibit
the designation or use of any Department of Defense facility,
currently designated by a State or local election official,
or used since January 1, 1996, as an official polling place
in connection with a local, State, or Federal election, as
such official polling place.
(b) Effective Date.--The prohibition under subsection (a)
shall apply to any election occurring on or after the date of
the enactment of this section and before December 31, 2000.
Sec. 122. Section 8114 of the Department of Defense
Appropriations Act, 1999 (Public Law 105-262; 112 Stat.
2326), is amended--
(1) in the matter preceding the first proviso, by striking
``$20,000,000'' and inserting ``$30,000,000''; and
(2) in the second proviso, by inserting after ``property
damages'' the following: ``, and for other claims under
applicable Status-of-Forces Agreements,''.
(RESCISSIONS)
Sec. 123. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded
as of the date of the enactment of this Act, from the
following accounts in the specified amounts:
Under the heading ``Shipbuilding and Conversion, Navy,
1989/1993'':
DDG-51 destroyer program, $9,100,000;
T-AO fleet oiler program, $6,645,000;
T-AGOS surveillance ship program, $3,420,000;
Outfitting and post delivery, $1,293,000;
``Research, Development, Test and Evaluation, Air Force,
1999/2000'', $7,000,000;
``Military Personnel, Army, 2000'', $98,700,000;
``Military Personnel, Navy, 2000'', $49,127,000;
``Military Personnel, Air Force, 2000'', $82,000,000;
``Reserve Personnel, Air Force, 2000'', $4,500,000; and
``National Guard Personnel, Army, 2000'', $24,826,000.
Sec. 124. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414).
Sec. 125. The following provisions of law are repealed:
sections 8175 and 8176 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79), as amended by
sections 214 and 215, respectively, of H.R. 3425 of the 106th
Congress (113 Stat. 1501A-297), as enacted into law by
section 1000(a)(5) of Public Law 106-113.
Sec. 126. Any amount appropriated in this chapter that is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, shall not
be available for obligation unless all such amounts are
designated by the President, upon enactment of this Act, as
emergency requirements pursuant to such section.
CHAPTER 2
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
General Investigations
For an additional amount for ``General Investigations'',
$3,500,000, to remain available until expended, of which
$1,500,000 shall be for a feasibility study and report of a
project to provide flood damage reduction for the town of
Princeville, North Carolina, and of which $2,000,000 shall be
for preconstruction engineering and design of an emergency
outlet from Devils Lake, North Dakota, to the Sheyenne River:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction, General
For an additional amount for ``Construction, General'',
$3,000,000, to remain available until expended, for the
Johnson Creek, Arlington, Texas, project authorized by
section 101(b)(14) of Public Law 106-53: Provided, That the
entire amount shall be available only to the extent an
official budget request for $3,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Operation and Maintenance, General
For an additional amount for ``Operation and Maintenance,
General'', $200,000, to remain available until expended, for
dredging of the authorized navigation project at Saxon
Harbor, Wisconsin: Provided, That the entire amount shall be
available only to the extent an official budget request for
$200,000, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control
[[Page H5467]]
Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Water and Related Resources
For an additional amount for ``Water and Related
Resources'', $600,000, to remain available until expended, to
carry out the provisions of the Lewis and Clark Rural Water
System Act of 2000: Provided, That the entire amount shall be
available only to the extent an official budget request for
$600,000, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
Weapons Activities
For an additional amount for ``Weapons activities'',
$96,500,000, to remain available until expended: Provided,
That the entire amount shall be available only to the extent
an official budget request for $96,500,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
other defense activities
For an additional amount for ``Other defense activities'',
$38,000,000, to remain available until expended: Provided,
That the entire amount shall be available only to the extent
an official budget request for $38,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the Department is authorized to initiate design
of the Highly Enriched Uranium Blend Down Project.
ENERGY PROGRAMS
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for ``Uranium enrichment
decontamination and decommissioning fund'', $58,000,000, to
be derived from the Fund, to remain available until expended:
Provided, That the entire amount shall be available only to
the extent an official budget request for $58,000,000, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 201. Funds appropriated in this or any other Act and
hereafter may not be used to pay on behalf of the United
States or a contractor or subcontractor of the United States
for posting a bond or fulfilling any other financial
responsibility requirement relating to closure or post-
closure care and monitoring of the Waste Isolation Pilot
Plant. The State of New Mexico or any other entity may not
enforce against the United States or a contractor or
subcontractor of the United States, in this or any subsequent
fiscal year, a requirement to post bond or any other
financial responsibility requirement relating to closure or
post-closure care and monitoring of the Waste Isolation Pilot
Plant. Any financial responsibility requirement in a permit
or license for the Waste Isolation Pilot Plant on the date of
the enactment of this section may not be enforced against the
United States or its contractors or subcontractors at the
Plant.
Sec. 202. Notwithstanding any other provision of law, no
funds provided in this or any other Act may be used to
further reallocate Central Arizona Project water or to
prepare an Environmental Assessment, Environmental Impact
Statement, or Record of Decision providing for a reallocation
of Central Arizona Project water until further Act of
Congress authorizing and directing the Secretary of the
Interior to make allocations and enter into contracts for
delivery of Central Arizona Project water.
Sec. 203. Of the funds provided in Public Laws 106-60 and
105-245 and prior Energy and Water Development Appropriations
Acts for the Department of Energy under the heading
``Science'', $1,000,000 shall be made available for the
design, planning and construction of the interdisciplinary
science facility at the University of Alabama at Tuscaloosa.
Sec. 204. Of the funds provided in Public Law 106-60 and
prior Energy and Water Development Appropriations Acts for
the Department of Energy under the heading ``Energy Supply'',
$1,000,000 shall be made available for the Nome diesel
upgrade.
Sec. 205. Of the funds provided in Public Law 106-60 and
prior Energy and Water Development Appropriations Acts for
the Department of Energy under the heading ``Weapons
Activities'', $5,000,000 shall be made available to move the
Atlas pulsed power experimental facility to the Nevada Test
Site.
Sec. 206. Of the funds provided in Public Law 106-60 and
prior Energy and Water Development Appropriations Acts for
the Department of Energy under the heading ``Science'',
$2,500,000 shall be made available for the Natural Energy
Laboratory of Hawaii.
Sec. 207. Of the funds provided in Public Law 106-60 for
the Department of Energy under the heading ``Science'',
$1,000,000 shall be made available for the Burbank Hospital
Regional Center in Fitchburg, Massachusetts.
Sec. 208. Of the funds provided in Public Law 106-60 for
the Department of Energy under the heading ``Science'',
$1,000,000 shall be made available for the Center for
Research on Aging at Rush-Presbyterian-St. Luke's Medical
Center in Chicago, Illinois.
Sec. 209. Of the funds provided in Public Law 106-60 for
the Department of Energy under the heading ``Science'',
$1,000,000 shall be made available for the North Shore-Long
Island Jewish Health System.
Sec. 210. Of the funds provided in Public Law 106-60 for
the Department of Energy under the heading ``Energy Supply'',
$1,000,000 shall be made available for the Materials Science
Center in Tempe, Arizona.
Sec. 211. No funds appropriated to the Nuclear Regulatory
Commission for fiscal years 2000 and 2001 may be used to
relocate, or to plan or prepare for the relocation of, the
functions or personnel of the Technical Training Center from
its location at Chattanooga, Tennessee.
CHAPTER 3
MILITARY CONSTRUCTION
GENERAL PROVISIONS--THIS CHAPTER
Sec. 301. In addition to amounts appropriated or otherwise
made available in the Military Construction Appropriations
Act, 2000, the following amounts are hereby appropriated as
authorized by section 2854 of title 10, United States Code,
as follows:
``Military Construction, Army Reserve'', $12,348,000;
``Family Housing, Army'', $2,000,000;
``Family Housing, Navy and Marine Corps'', $3,000,000; and
``Family Housing, Air Force'', $1,700,000:
Provided, That the funds in this section remain available
until September 30, 2004: Provided further, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent that an official budget request for
$19,048,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Sec. 302. Notwithstanding any other provision of law, in
addition to amounts appropriated or otherwise made available
in the Military Construction Appropriations Act, 2000,
$1,000,000 is hereby appropriated to the ``Military
Construction, Defense-Wide'' account, to remain available
until September 30, 2004: Provided, That such amount shall be
available for study, planning, design, architect and engineer
services, as authorized by law: Provided further, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request for $1,000,000
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
(INCLUDING RESCISSION)
Sec. 303. (a) In addition to the amounts provided in Public
Law 106-52, $35,000,000 is appropriated under the heading
``Military Construction, Navy'' to remain available until
September 30, 2004: Provided, That such funds are authorized
and shall be available for the acquisition of land at Blount
Island, Florida.
(b) Of the funds provided in the Military Construction
Appropriations Act, 1996 (Public Law 104-32), $35,000,000 is
hereby rescinded as of the date of the enactment of this Act.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
Coast Guard
Operating Expenses
For an additional amount for ``Operating expenses'',
$77,000,000, to remain available until September 30, 2001; of
which $5,000,000 shall be available for military basic pay;
$18,000,000 shall be available for costs related to the
delivery of health care to Coast Guard personnel, retirees,
and their dependents; $15,000,000 shall be available for
basic allowance for housing; $2,000,000 shall be available
for the military housing areas cost of living adjustment;
$15,000,000 shall be available for recruiting and retention
bonuses; $1,000,000 shall be available for fixed wing aviator
retention bonuses; $8,000,000 shall be available for the
clean up and repair of shore facilities from hurricane
damage; and, $13,000,000 shall be available for operational
fuel and unit level operational readiness: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount provided shall be
available only to the extent an official budget request for
$77,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit
[[Page H5468]]
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
Acquisition, Construction, and Improvements
For an additional amount for ``Acquisition, construction,
and improvements'', $578,000,000, to remain available until
expended; of which $110,000,000 shall be available for the
Great Lakes Icebreaker replacement; and of which $468,000,000
shall be available for acquisition and conversion of six C-
130J maritime patrol aircraft, as authorized under section
812(b)(1)(G) of the Western Hemisphere Drug Elimination Act:
Provided, That the procurement of maritime patrol aircraft
funded under this heading shall not, in any way, influence
the procurement strategy, program requirements, or down-
select decision pertaining to the Coast Guard's Deepwater
Capability Replacement Project: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount provided shall be
available only to the extent an official budget request for
$578,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
CHAPTER 5
GENERAL PROVISIONS--THIS TITLE
Sec. 501. For an additional amount for the Agency for
International Development, ``International Disaster
Assistance'', $25,000,000, for rehabilitation and
reconstruction assistance for Mozambique, Madagascar, and
southern Africa, to remain available until expended:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount provided shall be available only to the extent
an official budget request that includes designation of the
entire amount as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Sec. 502. For an additional amount for ``Assistance for
Eastern Europe and the Baltic States'', $50,000,000, to
remain available until September 30, 2001: Provided, That
this amount shall only be available for assistance for
Montenegro and Croatia, and not to exceed $12,400,000 for
assistance for Kosova: Provided further, That the
amount specified in the previous proviso for assistance
for Kosova may be made available only for police
activities: Provided further, That funds made available in
the preceding provisos shall be available subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
TITLE II
NATURAL DISASTER ASSISTANCE AND OTHER SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
For an additional amount for necessary expenses to carry
out title IX of Public Law 106-78, $1,350,000: Provided, That
the entire amount necessary to carry out this section shall
be available only to the extent an official budget request
for $1,350,000, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
Farm Service Agency
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$77,560,000, to remain available until expended: Provided,
That the entire amount shall be available only to the extent
an official budget request for $77,560,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
For additional gross obligations for the principal amount
of direct loans as authorized by title V of the Housing Act
of 1949 for section 515 rental housing to be available from
funds in the rural housing insurance fund to meet needs
resulting from Hurricane Dennis, Floyd, or Irene,
$40,000,000.
For the additional cost of direct loans for section 515
rental housing, including the cost of modifying loans, as
defined in section 502 of the Congressional Budget Act of
1974, to remain available until expended, $15,872,000:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
RENTAL ASSISTANCE PROGRAM
For an additional amount for rental assistance agreements
entered into or renewed pursuant to section 521(a)(2) of the
Housing Act of 1949 for emergency needs resulting from
Hurricane Dennis, Floyd, or Irene, $13,600,000, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2101. With respect to any 1999 crop year loan made by
the Commodity Credit Corporation to a cooperative marketing
association established under the laws of North Carolina, and
to any person or entity in North Carolina obtaining a 1999
crop upland cotton marketing assistance loan, the Corporation
shall reduce the amount of such outstanding loan indebtedness
in an amount up to 75 percent of the amount of the loan
applicable to any collateral (in the case of cooperative
marketing associations of upland cotton producers and upland
cotton producers, not to exceed $5,000,000 for benefits to
such associations and such producers for up to 75 percent of
the loss incurred by such associations and such producers
with respect to upland cotton that had been placed under
loan) that was produced in a county in which either the
Secretary of Agriculture or the President of the United
States declared a major disaster or emergency due to the
occurrence of Hurricane Dennis, Floyd, or Irene if the
Corporation determines that such collateral suffered any
quality loss as a result of said hurricane: Provided, That if
a person or entity obtains a benefit under this section with
respect to a quantity of a commodity, no marketing loan gain
or loan deficiency payment shall be made available under the
Federal Agricultural Improvement and Reform Act of 1996 with
respect to such quantity: Provided further, That no more than
$81,000,000 of the funds of the Corporation shall be
available to carry out this section: Provided further, That
the entire amount shall be available only to the extent an
official budget request for $81,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
Sec. 2102. In lieu of imposing, where applicable, the
assessment for producers provided for in subsection (d)(8) of
7 U.S.C. 7271 (section 155 of the Agricultural Market
Transition Act), the Secretary shall, as necessary to offset
remaining loan losses for the 1999 crop of peanuts, borrow
such amounts as would have been collected under 7 U.S.C.
7271(d)(8) from the Commodity Credit Corporation. Such
borrowing shall be against all excess assessments to be
collected under 7 U.S.C. 7271(g) for crop year 2000 and
subsequent years. For purposes of the preceding sentence, an
assessment shall be considered to be an ``excess'' assessment
to the extent that it is not used, or will not be used, under
the provisions of 7 U.S.C. 7271(d), to offset losses on
peanuts for the crop year in which the assessment is
collected. The Commodity Credit Corporation shall retain in
its own account sums collected under 7 U.S.C. 7271(g) as
needed to recover the borrowing provided for in this section
to the extent that such collections are not used under 7
U.S.C. 7271(d) to cover losses on peanuts: Provided, That the
entire amount necessary to carry out this section shall be
available only to the extent an official budget request for
the entire amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
CHAPTER 2
DEPARTMENT OF JUSTICE
Salaries and Expenses, United States Attorneys
For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $12,000,000, to remain available
until expended, to be divided equally between the States of
Texas, New Mexico, Arizona, and California, to reimburse
county and municipal governments only for Federal costs
associated with the handling and processing of illegal
immigration and drug and alien smuggling cases. The use of
these funds is limited to: court costs, courtroom technology,
the building of holding spaces, administrative staff, and
indigent defense costs: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Drug Enforcement Administration
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$181,000,000, to remain available until expended, which shall
be deposited in the Telecommunications Carrier Compliance
Fund: Provided, That, hereafter, in the discretion of the
Attorney General, any expenditures from the Fund to pay or
reimburse pursuant to sections 104(e) and 109(a) of Public
Law 103-414, may be made directly to any parties specified in
[[Page H5469]]
section 401(a) thereof, and may be made either pursuant to
the regulations promulgated under such section 109, or
pursuant to firm fixed-price agreements, upon provision of
such information as the Attorney General may require:
Provided further, That such amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Office of Justice Programs
justice assistance
For an additional amount for ``Justice Assistance'' for
grants to counties with populations of less than 150,000, and
Indian reservations, in Arizona that are adjacent to the
United States-Mexico border, $2,000,000: Provided, That such
grants shall be allocated in proportion to the population of
each such county and Indian reservation: Provided further,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'', $55,800,000, to remain available until
expended, for planning, public works grants and revolving
loan funds for communities affected by Hurricane Floyd and
other recent hurricanes and disasters: Provided, That the
entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That such amount shall
be available only to the extent that an official budget
request for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted
by the President to the Congress.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research and
Facilities'', $30,700,000, to remain available until
expended, to provide disaster assistance pursuant to section
312(a) of the Magnuson-Stevens Fishery Conservation
Management Act, including compensation to fishermen for
losses and equipment damage, resulting from Hurricane Floyd
and other recent hurricanes and fishery disasters in the Long
Island Sound lobster fishery and the west coast groundfish
fishery, and for the repair of the National Oceanic and
Atmospheric Administration hurricane reconnaissance aircraft:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That of
such amount, $13,300,000 shall be available only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
DEPARTMENT OF STATE
International Commissions
American Sections, International Commissions
For necessary expenses, not otherwise provided for the
International Joint Commission, as authorized by treaties
between the United States and Canada or Great Britain,
$2,150,000, to remain available until expended: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Other
United States Commission on International Religious Freedom
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $2,000,000, to remain available until expended:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to
the Congress.
RELATED AGENCY
Small Business Administration
disaster loans program account
For an additional amount for the cost of direct loans,
$15,500,000, to remain available until expended to subsidize
additional gross obligations for the principal amount of
direct loans: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974; and for direct
administrative expenses to carry out the disaster loan
program, an additional $25,400,000, to remain available until
expended, which may be transferred to and merged with
appropriations for ``Salaries and Expenses'': Provided
further, That no funds shall be transferred to and merged
with appropriations for ``Salaries and Expenses'' for
indirect administrative expenses: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2201. For an additional amount for ``Operations,
Research, and Facilities'', for emergency expenses for
fisheries disaster relief pursuant to section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management Act,
as amended, for the Pribilof Island and East Aleutian area
of the Bering Sea, $10,000,000 to remain available until
expended: Provided, That in implementing this section, the
Secretary of Commerce shall make $7,000,000 available for
disaster assistance and $3,000,000 for Bering Sea
ecosystem research including $1,000,000 for the State of
Alaska to develop a cooperative research plan to restore
the crab fishery: Provided further, That the Secretary of
Commerce declares a fisheries failure pursuant to section
312(a) of the Magnuson-Stevens Fishery Conservation and
Management Act, as amended: Provided further, That the
entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget
request for $10,000,000, that includes designation of the
entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
Sec. 2202. For an additional amount for ``Operations,
Research, and Facilities'', $10,000,000 to provide emergency
disaster assistance for the commercial fishery failure
determined under section 308(b)(1) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(b)(1)) with respect to
the Northeast multispecies fishery, which shall be used to
support a voluntary fishing capacity reduction program in the
Northeast multispecies fishery that permanently revokes
multispecies, limited access fishing permits so as to obtain
the maximum sustained reduction in fishing capacity at the
least cost and in the minimum period of time and to prevent
the replacement of fishing capacity removed by the program:
Provided, That the entire amount made available in this
section is designated by Congress as an emergency requirement
under section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to
the extent an official budget request for $10,000,000, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Sec. 2203. For an additional amount for the account
entitled ``Operations, Research, and Facilities'', to remain
available until expended, $7,000,000, of which $2,000,000
shall be for studies relating to long-line interactions with
sea turtles in the North Pacific and commercial fishing
activities in the Northwest Hawaiian Islands, and of which
$5,000,000 shall be for observer coverage for the Hawaiian
long-line fishery: Provided, That the entire amount in this
section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request for $7,000,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Sec. 2204. North Pacific Marine Research Institute.--Public
Law 101-380, as amended, is further amended by--
(a) inserting after section 5007 the following new section:
``SEC. 5008. NORTH PACIFIC MARINE RESEARCH INSTITUTE.
``(a) Institute Established.--The Secretary of Commerce
shall establish a North Pacific Marine Research Institute
(hereafter in this section referred to as the `Institute') to
be administered at the Alaska SeaLife Center by the North
Pacific Research Board.
[[Page H5470]]
``(b) Functions.--The Institute shall--
``(1) conduct research and carry out education and
demonstration projects on or relating to the North Pacific
marine ecosystem with particular emphasis on marine mammal,
sea bird, fish, and shellfish populations in the Bering Sea
and Gulf of Alaska including populations located in or near
Kenai Fjords National Park and the Alaska Maritime National
Wildlife Refuge; and
``(2) lease, maintain, operate, and upgrade the necessary
research equipment and related facilities necessary to
conduct such research at the Alaska SeaLife Center.
``(c) Evaluation and Audit.--The Secretary of Commerce may
periodically evaluate the activities of the Institute to
ensure that funds received by the Institute are used in a
manner consistent with this section. The Comptroller General
of the United States, and any of his or her duly authorized
representatives, shall have access, for purposes of audit and
examination, to any books, documents, papers, and records of
the Institute that are pertinent to the funds received and
expended by the Institute.
``(d) Status of Employees.--Employees of the Institute
shall not, by reason of such employment, be considered to be
employees of the Federal Government for any purpose.
``(e) Use of Funds.--No funds made available to carry out
this section may be used to initiate litigation, or for the
acquisition of real property (other than facilities leased at
the Alaska SeaLife Center). No more than 10 percent of the
funds made available to carry out subsection (b)(1) may be
used to administer the Institute.
``(f) Availability of Research.--The Institute shall
publish and make available to any person on request the
results of all research, educational, and demonstration
projects conducted by the Institute. The Institute shall
provide a copy of all research, educational, and
demonstration projects conducted by the Institute to the
National Park Service, the United States Fish and Wildlife
Service, and the National Oceanic and Atmospheric
Administration.''; and
(b) in section 5006 by inserting at the end the following
new subsection:
``(c) Section 5008.--Amounts in the Fund shall be
available, without further appropriation and without fiscal
year limitation, to carry out section 5008(b), in an amount
not to exceed $5,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to
the extent an official budget request that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.''.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Wildland Fire Management
For an additional amount for ``Wildland Fire Management'',
$200,000,000, to remain available until expended, for
emergency rehabilitation and wildfire suppression activities:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That
$100,000,000 shall be available only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined by such Act, is
transmitted by the President to the Congress.
land acquisition
For an additional amount for ``Land Acquisition'',
$2,000,000, to remain available until expended, for
acquisition of additional lands known as the Douglas Tract on
the Potomac River in the State of Maryland, to be derived
from the Land and Water Conservation Fund: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $2,000,000 shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined by such
Act, is transmitted by the President to the Congress.
Office of Surface Mining Reclamation and Enforcement
Regulation and Technology
For an additional amount for ``Regulation and Technology'',
$9,821,000, to remain available until expended for the
regulatory program of the State of West Virginia, of which
$6,222,000, not subject to section 705(a) of the Surface
Mining Control and Reclamation Act, shall be available for
regulatory program enhancements for the surface mining
regulatory program of the State of West Virginia: Provided,
That the balance of the funds shall be made available to the
State to augment staffing and provide relative support
expenses for the State's regulatory program: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget
request for $9,821,000, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to
the Congress.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
NATIONAL FOREST SYSTEM
For an additional amount for ``National Forest System'' for
emergency expenses resulting from damages from wind storms,
$2,000,000, to remain available until expended: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be
available only to the extent an official budget request for a
specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as
defined by such Act, is transmitted by the President to
the Congress.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$150,000,000, to remain available until expended, for
emergency rehabilitation, presuppression, and wildfire
suppression: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That this amount shall be available only to the extent that
an official budget request for a specific dollar amount, that
includes designation of the entire amount as an emergency
requirement as defined by such Act, is transmitted by the
President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2301. Notwithstanding any other provision of law, the
Indian Health Service is authorized to improve municipal,
private or tribal lands with respect to the new construction
of the clinic for the community of King Cove, Alaska
authorized under section 353 of Public Law 105-277 (112 Stat.
2681-303).
Sec. 2302. From funds previously appropriated in Public Law
105-277 or other Interior and Related Agencies Appropriations
Acts under the heading ``Department of Energy, Fossil Energy
Research and Development'', the Secretary of Energy shall
make available within 30 days after enactment of this Act
$750,000 for the purpose of executing proposal No. FT40770.
Sec. 2303. (a) Using funds appropriated by section 501(d)
of the Emergency Supplemental Appropriations Act, 1999
(Public Law 106-31), the Secretary shall provide interim
compensation within 60 days of the date of the enactment of
this Act to--
(1) Dungeness fishing vessel crew members eligible for
interim compensation under the existing National Park Service
program (64 Fed. Reg. 145);
(2) United States fish processors which have been
negatively affected by restrictions on fishing for Dungeness
crab in Glacier Bay National Park and which previously
received interim compensation; and
(3) Buy N Pack Seafoods, a United States fish processor
located in Hoonah, Alaska and which has been severely and
negatively impacted by restrictions on fishing in Glacier Bay
National Park, for estimated 1999 and 2000 losses based on an
average net income derived from processing product harvested
from Glacier Bay fisheries from 1995 through 1998.
Payments made to processors under paragraph (2) are intended
to compensate recipients for losses incurred in 2000 and
shall not exceed compensation provided for losses incurred in
1999. The Park Service shall not delay the scheduled public
involvement process for the Glacier Bay compensation plan.
(b) The amount of final compensation paid to any entity
shall be reduced by the total dollar amount of any interim
compensation payments received.
(c) Funds appropriated for the purpose of making payments
authorized by section 123(b) of the Department of the
Interior and Related Agencies Appropriations Act, 1999
(section 101(e) of division A of Public Law 105-277, as
amended) shall also be available for making payments
authorized in subsection (c) of that section.
CHAPTER 4
DEPARTMENT OF LABOR
Mine Safety and Health Administration
salaries and expenses
The matter under this heading in the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113) is amended by
striking ``including not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy'' and
inserting ``and, in addition, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy''.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For ``Health Resources and Services'' for special projects
of regional and national significance under section 501(a)(2)
of the Social Security Act, $20,000,000, which shall become
available on October 1, 2000, and shall remain available
until September 30, 2001: Provided, That such amount shall
not be counted toward compliance with the allocation required
in section 502(a)(1) of such Act: Provided further, That such
amount shall be used only for making competitive grants to
provide abstinence education (as defined in section 510(b)(2)
of such Act) to adolescents and for evaluations (including
longitudinal evaluations) of activities under the grants and
for Federal costs of administering the grant: Provided
further, That such grants
[[Page H5471]]
shall be made only to public and private entities which agree
that, with respect to an adolescent to whom the entities
provide abstinence education under such grant, the entities
will not provide to that adolescent any other education
regarding sexual conduct, except that, in the case of an
entity expressly required by law to provide health
information or services the adolescent shall not be precluded
from seeking health information or services from the entity
in a different setting than the setting in which the
abstinence education was provided: Provided further, That the
funds expended for such evaluations may not exceed 2.5
percent of such amount.
For an additional amount for ``Health Resources and
Services'', $3,000,000 to remain available until September
30, 2001, for renovation and construction of a children's
psychiatric services facility in Wading River, New York:
Provided, That the entire amount is hereby designated by the
Congress to be an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount provided shall be made available only after
submission to the Congress of a formal budget request by the
President that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Centers for Disease Control and Prevention
disease control, research, and training
(including transfer of funds)
For an additional amount for ``Disease Control, Research,
and Training'', $12,000,000 for international HIV/AIDS
programs, to remain available until September 30, 2001:
Provided, That the entire amount is hereby designated by the
Congress to be an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount provided shall be made available only after
submission to the Congress of a formal budget request by the
President that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
For an additional amount for ``Disease Control, Research,
and Training'', $460,000, to be derived by transfer from the
amount made available for fiscal year 2000 for ``Health
Resources and Services Administration-Health Resources and
Services'' for construction and renovation of health care and
other facilities.
Administration for Children and Families
payments to states for foster care and adoption assistance
For an additional amount for ``Payments to States for
Foster Care and Adoption Assistance'' for payments for fiscal
year 2000, $35,000,000.
low income home energy assistance
For an additional amount for ``Low Income Home Energy
Assistance'' for emergency assistance under section 2602(e)
of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C.
8621(e)), $600,000,000, to remain available until expended:
Provided, That the entire amount is hereby designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That this
amount shall be available only to the extent an official
budget request for a specific dollar amount that includes
designations of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
refugee and entrant assistance
Funds appropriated under this heading in the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113) for fiscal year
2000, pursuant to section 414(a) of the Immigration and
Nationality Act, shall be available for the costs of
assistance provided and other activities through September
30, 2002.
Administration on Aging
aging services programs
The matter under this heading in the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113) is amended by
inserting after ``$934,285,000'' the following: ``, of which
$2,200,000 shall be for the Anchorage, Alaska Senior
Center, and shall remain available until expended''.
Office of the Secretary
general departmental management
(rescission)
Of the amounts appropriated under this heading in title II
of the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2000 (as
enacted into law by section 1000(a)(4) of Public Law 106-
113), $20,000,000 is rescinded: Provided, That the amount
rescinded is from the amount designated to become available
on October 1, 2000, and to remain available until September
30, 2001.
public health and social services emergency fund
(including rescission)
For an additional amount for ``Public Health and Social
Services Emergency Fund'', $31,200,000, to remain available
until expended for the National Pharmaceutical Stockpile:
Provided, That the entire amount is hereby designated by the
Congress to be an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount provided shall be made available only after
submission to the Congress of a formal budget request by the
President that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
In addition, $43,200,000 of the funds appropriated under
this heading in the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2000 (as enacted into law by section 1000(a)(4) of
Public Law 106-113) is hereby rescinded: Provided, That of
such rescission, $12,000,000 shall be derived from the amount
specified under such heading for international HIV/AIDS
programs; and $31,200,000 shall be derived from the amount
specified under such heading for activities related to
countering potential biological, disease and chemical threats
to civilian populations.
General Provision--Department of Health and Human Services
Sec. 2401. Section 206 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113) is amended by inserting
before the period at the end the following: ``: Provided
further, That this section shall not apply to funds
appropriated under the heading `Centers for Disease Control
and Prevention--Disease Control, Research, and Training',
funds made available to the Centers for Disease Control and
Prevention under the heading `Public Health and Social
Services Emergency Fund', or any other funds made available
in this Act to the Centers for Disease Control and
Prevention''.
DEPARTMENT OF EDUCATION
special education
The matter under this heading in the Department of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113 is amended by
inserting after the words ``Salt Lake City Organizing
Committee'' the words ``, or a governmental agency or not-
for-profit organization designated by the Salt Lake City
Organizing Committee''.
VOCATIONAL AND ADULT EDUCATION
The matter under this heading in the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113) is amended by
striking ``$858,150,000'' and inserting ``$882,650,000'', and
by striking the last proviso, and inserting ``Provided
further, That of the funds provided to become available on
July 1, 2000, $19,000,000 shall be for Youth Offender Grants,
of which $5,000,000 shall be used in accordance with section
601 of Public Law 102-73 as that section was in effect prior
to the enactment of Public Law 105-220.''.
Higher Education
Funds appropriated under this heading in Public Law 105-78
to carry out title X-E of the Higher Education Act shall be
available for obligation by the states through September 30,
2000, and funds appropriated under this heading in Public Law
105-277 to carry out title VIII-D of the Higher Education
Amendments of 1998 shall be available for obligation by the
states through September 30, 2001.
For an additional amount for ``Higher Education'' for
carrying out part B of title VII of the Higher Education Act
of 1965, $750,000, to remain available until expended, which
shall be awarded to the College of New Jersey, in Ewing, New
Jersey, for creation of a center for inquiry and design-based
learning in mathematics, science and technology education:
Provided, That the entire amount is hereby designated by the
Congress to be an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount provided shall be made available only after
submission to the Congress of a formal budget request by the
President that includes designation of the entire amount of
the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
education research, statistics, and improvement
(including transfer of funds)
The matter under this heading in the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113) is amended--
(1) by striking ``North Babylon Community Youth Services
for an educational program'' and inserting ``Town of Babylon
Youth Bureau for an educational program'';
(2) by striking ``to promote participation among youth in
the United States democratic process'' and inserting ``to
expand access to and improve advanced education'';
(3) by striking ``$500,000 shall be awarded to Shedd
Aquarium/Brookfield Zoo for science education/exposure
programs for local elementary school students'' and inserting
``$500,000 shall be awarded to Shedd Aquarium/Brookfield Zoo
for science education programs for local school students'';
(4) by striking ``Oakland Unified School District in
California for an African American Literacy and Culture
Project'' and inserting ``California State University,
Hayward, for an African-American Literacy and Culture Project
carried out in partnership with the Oakland Unified School
District in California''; and
[[Page H5472]]
(5) by striking ``$900,000 shall be awarded to the Boston
Music Education Collaborative comprehensive interdisciplinary
music program and teacher resource center in Boston,
Massachusetts'' and inserting ``$462,000 shall be awarded to
the Boston Symphony Orchestra for the teacher resource center
and $370,000 shall be awarded to the Boston Music Education
Collaborative for an interdisciplinary music program, in
Boston, Massachusetts''.
For an additional amount for ``Education Research,
Statistics, and Improvement'' to carry out part A of title X
of the Elementary and Secondary Education Act of 1965,
$368,000, to be derived by transfer from the amount made
available for fiscal year 2000 for ``Health Resources and
Services Administration--Health Resources and Services'' for
construction and renovation of health care and other
facilities: Provided, That such amount shall be awarded to
the George Mason University Center for Services to Families
and Schools to expand a program for schools and families of
children suffering from attentional, cognitive, and
behavioral disorders.
RELATED AGENCIES
Social Security Administration
Limitation on Administrative Expenses
For an additional amount for ``Limitation on Administrative
Expenses'', $35,000,000, to be available through September
30, 2001: Provided, That the entire amount is hereby
designated by the Congress to be an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount provided shall be made
available only after submission to the Congress of a formal
budget request by the President that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2402. Section 513 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113) is amended by inserting
before the period at the end the following: ``: Provided
further, That the provisions of this section shall not apply
to any funds appropriated to the Centers for Disease Control
and Prevention or to the Department of Education''.
Sec. 2403. Section 403(a)(5) of the Social Security Act (42
U.S.C. 603(a)(5)), as amended by section 806(b) of the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2000 (as
enacted into law by section 1000(a)(4) of Public Law 106-113)
is amended--
(1) in subparagraph (F), by striking ``$1,500,000'' and
inserting ``$15,000,000'';
(2) in subparagraph (G), by striking ``$900,000'' and
inserting ``$9,000,000''; and
(3) in subparagraph (H), by striking ``$300,000'' and
inserting ``$3,000,000''.
Sec. 2404. (a) The Workforce Investment Act of 1998 (20
U.S.C. 2841) is amended--
(1) in section 503--
(A) by striking ``under Public Law 88-210 (as amended; 20
U.S.C. 2301 et seq.)'' each place it appears and inserting
``under Public Law 105-332 (20 U.S.C. 2301 et seq.)''; and
(B) by adding at the end the following:
``(d) Notwithstanding any other provision of this section,
for fiscal year 2000, the Secretary shall not consider the
expected levels of performance under Public Law 105-332 (20
U.S.C. 2301 et seq.) and shall not award a grant under
subsection (a) based on the levels of performance for that
Act.''.
(b) Section 111 (a)(1)(C) of the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2321) is
amended by striking ``fiscal years 2000'' and inserting
``fiscal years 2001''.
Sec. 2405. Of the funds made available in the Departments
of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2000 (as enacted into
law by section 1000(a)(4) of Public Law 106-113) for section
10105 of part A of title X of the Elementary and Secondary
Education Act of 1965, $2,250,000 of the amount appropriated
shall be available October 1, 1999 for evaluation, technical
assistance, and school networking activities, and up to 1
percent of the amount appropriated shall be available October
1, 1999, for peer review of applications.
Sec. 2406. 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. 2407. For an additional amount for ``Health Resources
and Services Administration, Health Resources and Services'',
$3,500,000, for the Saint John's Lutheran Hospital in Libby,
Montana, for construction and renovation of health care and
other facilities and an additional amount for the ``Economic
Development Administration'', $8,000,000, only for a grant to
the City of Libby, Montana, such amount to be transferred to
the City upon its request, notwithstanding the provisions of
any other law and without any local matching share or award
conditions: Provided, That the entire amounts in this section
are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amounts provided within this section
shall be available only to the extent an official budget
request that includes designation of the entire amounts of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
CHAPTER 5
LEGISLATIVE BRANCH
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
fire safety
For an additional amount for the Architect of the Capitol
for expenses for fire safety, $17,480,000, to remain
available until expended, of which $7,039,000 shall be for
``Capitol Buildings and Grounds--Capitol Buildings--Salaries
and Expenses''; $2,314,000 shall be for ``Senate Office
Buildings''; $4,213,000 shall be for ``House Office
Buildings''; $3,000 shall be for ``Capitol Power Plant'';
$26,000 shall be for ``Botanic Garden--Salaries and
Expenses''; and $3,885,000 shall be for ``Architect of the
Capitol--Library Buildings and Grounds--Structural and
Mechanical Care'': Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2501. Section 127(e)(1) of division A of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277; 19 U.S.C. 2213 note) is amended by
striking ``12 months'' and insert ``15 months''.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Coast Guard
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(including rescission of funds)
For an additional amount for ``Acquisition, construction,
and improvements'', $45,000,000 shall be available until
expended for acquisition of one C-37A command and control
aircraft: Provided, That the Commandant of the Coast Guard
shall sell the current VC-11A command and control aircraft
and credit the proceeds from that sale as offsetting
collections to the appropriation under this heading: Provided
further, That such proceeds may not be obligated without
further appropriation: Provided further, That of the
available balances under this heading from previous
appropriations Acts, $11,400,000 are rescinded.
Federal Aviation Administration
operations
(airport and airway trust fund)
For an additional amount for ``Operations'', $75,000,000,
to be derived from the Airport and Airway Trust Fund and to
be available until September 30, 2001: Provided, That the
entire amount under this heading is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an
official budget request for $75,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted
by the President to the Congress.
RELATED AGENCY
National Transportation Safety Board
Salaries and Expenses
For an additional amount for ``Salaries and expenses'',
$19,739,000, for emergency expenses associated with the
investigation of the Egypt Air 990 and Alaska Air 261
accidents, to remain available until expended: Provided, That
such funds shall be available for wreckage location and
recovery facilities, technical support, testing, and wreckage
mock-up: Provided further, That in the event the Arab
Republic of Egypt reimburses the National Transportation
Safety Board for wreckage location and recovery, family
assistance, and interagency expenses, the Secretary of the
Treasury shall reduce the appropriation under this heading by
an amount equal to the reimbursement, less $5,000,000:
Provided further, That the Secretary of the Treasury shall
not credit the appropriation under this heading with a
reimbursement in excess of $8,983,000: Provided further, That
the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2601. Notwithstanding any other provision of law, of
the funds available under section 104(a) of title 23, United
States Code, $1,200,000 shall be available for the Paso Del
Norte International Bridge in the state of Texas; $9,000,000
shall be available for the US 82 Mississippi River Bridge in
the state of Mississippi; $2,000,000 shall be available for
the Union Village/Cambridge Junction bridges in the state of
Vermont; $5,000,000 shall be available for the Naheola Bridge
in the state of Alabama; $3,000,000 shall be available for
the Hoover Dam Bypass in the states of Arizona and Nevada;
$3,000,000 shall be available for the Witt-Penn Bridge in the
state of New Jersey; and $12,000,000 shall be available for
the Florida Memorial Bridge in the state of Florida.
[[Page H5473]]
Sec. 2602. Of the funds transferred to the Department of
Transportation for Year 2000 conversion of Federal
information technology systems and related expenses pursuant
to Public Law 105-277, $26,600,000 of the unobligated balance
are hereby rescinded: Provided, That the Department of
Transportation shall allocate this rescission among the
appropriate accounts within the Department and report such
allocation to the House and Senate Committees on
Appropriations.
Sec. 2603. (a) The Administrator of the Environmental
Protection Agency shall make a grant for the purpose of
carrying out the first year of a 2-year program to implement
in five metropolitan areas pilot design programs developed
under section 365(a)(2) of the Department of Transportation
and Related Agencies Appropriations Act, 2000 (113 Stat.
1028-1029).
(b) The Administrator shall ensure that each pilot design
program is implemented in accordance with recommendations
developed by the National Telecommuting and Air Quality
Steering Committee, in consultation with the local design
teams.
(c) Grants received under subsection (a) may be used for--
(1) protocol development in the five metropolitan areas;
(2) marketing of the telecommute, emissions reduction,
pollution credits strategy and recruitment of participating
employers; and
(3) data gathering on emissions reductions.
(d) In addition to the grant under subsection (a), for the
purpose of carrying out the second year of the 2-year program
referred to in subsection (a), the Administrator shall--
(1) make a grant of $750,000 to the National Environmental
Policy Institute (a nonprofit private entity incorporated
under the laws of and located in the District of Columbia);
and
(2) make grants totaling $1,250,000 to local agencies
within the five metropolitan areas referred to in subsection
(a).
(e) Not later than 360 days from first day of the second
year of the 2-year program referred to in subsection (a), the
Administrator shall transmit to Congress a report on the
results of the program.
(f) The Administrator shall carry out this section in
collaboration with the Secretary of Transportation.
(g) There is appropriated to the Department of
Transportation, ``Office of the Assistant Secretary for
Policy'', $2,000,000 to carry out this section. Such amounts
shall be transferred to and administered by the Environmental
Protection Agency and shall remain available until expended:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined by such Act, is
transmitted by the President to the Congress.
Sec. 2604. Notwithstanding any other provision of law,
hereafter, funds apportioned under section 104(b)(3) of title
23 which are applied to projects involving the elimination of
hazards of railway-highway crossings, including the
separation or protection of grades at crossings, the
reconstruction of existing railroad grade crossing
structures, and the relocation of highways to eliminate grade
crossings, may have a Federal share up to 100 percent of the
cost of construction.
Sec. 2605. Notwithstanding any other provision of law, for
necessary expenses for planning, preliminary engineering and
design of the Metro-North Danbury to Norwalk commuter rail
line re-electrification project, $2,000,000, to be derived
from the Mass Transit Account of the Highway Trust Fund and
to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined by such
Act, is transmitted by the President to the Congress.
Sec. 2606. Notwithstanding any other provision of law, for
necessary expenses for the Second Avenue Subway in New York
City, New York, $3,000,000, to be derived from the Mass
Transit Account of the Highway Trust Fund and to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to
the extent an official budget request for a specific dollar
amount, that includes designation of the entire amount of the
request as an emergency requirement as defined by such Act,
is transmitted by the President to the Congress.
Sec. 2607. Notwithstanding any other provision of law, for
necessary expenses relating to a study of improvements to
Highway 8, from the Minnesota border to Highway 51 in the
state of Wisconsin, $500,000, to be derived from the Highway
Account of the Highway Trust Fund and to remain available
until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to
the extent an official budget request for a specific dollar
amount, that includes designation of the entire amount of the
request as an emergency requirement as defined by such Act,
is transmitted by the President to the Congress.
Sec. 2608. Notwithstanding any other provision of law, for
necessary expenses relating to construction of, and
improvements to, Halls Mill Road in Monmouth County, New
Jersey, $1,000,000, to be derived from the Highway Account of
the Highway Trust Fund and to remain available until
expended: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined by such Act, is
transmitted by the President to the Congress.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
For an additional amount, $24,900,000 for the Secretary of
the Treasury to establish and operate an in-service firearms
training facility for the United States Customs Service and
other agencies, to remain available until expended: Provided,
That the Secretary is authorized to designate a lead agency
to oversee the development, implementation and operation of
the facility and to conduct training: Provided further, That
the land identified as the Sleepy Hollow Partnership and
Marcus Enterprises tract (44,-R), Harpers Ferry Magisterial
District, Jefferson County, West Virginia, together with a
forty-five foot right-of-way over the lands of Valley Blox,
Inc. as described in the deed from Joel T. Broyhill
Enterprises, Inc. to Sleepy Hollow Partnership, et al., in a
Deed dated March 29, 1989, and recorded in the Jefferson
County Clerk's Office in Deed Book 627, Page 494, originally
acquired by the United States Fish and Wildlife Service as a
proposed site for a training center but not selected for that
purpose and presently held by the United States Fish and
Wildlife Service in an administrative capacity, shall be
managed by the National Park Service pursuant to a
cooperative management agreement between the United States
Fish and Wildlife Service and the National Park Service,
consistent with the laws (including regulations) generally
applicable to the National Park Service: Provided further,
That administrative jurisdiction of a suitable portion of
said land that is necessary for the creation of a Department
of the Treasury training facility, to be identified by the
National Park Service, shall be transferred under a lease-
type arrangement at no cost within 120-days of the date of
the enactment of this Act to the Department of the Treasury
for such time as required by the Department of the Treasury:
Provided further, That the training to be conducted at the
facility shall be configured in a manner so that it does not
duplicate or displace any Federal law enforcement program of
the Federal Law Enforcement Training Center: Provided
further, That training currently being conducted at a Federal
Law Enforcement Training Center facility shall not be moved
to the new training facility: Provided further, That at such
time as the land is no longer required for training purposes,
administrative jurisdiction shall be transferred back to the
Department of the Interior in a manner and condition
acceptable to the Department of the Interior: Provided
further, That the total amount made available under this
section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent that an official budget request that
includes designation of the entire amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount into the account
established under section 3113(d) of title 31, United States
Code, to reduce the public debt, $4,000,000,000: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.
United States Secret Service
salaries and expenses
For an additional amount for ``Salaries and Expenses''
related to planning, coordination and implementation of
security for national special security and major protective
events, $10,000,000: Provided, That the entire amount 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 for a
specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as
defined by such Act, is transmitted by the President to the
Congress.
[[Page H5474]]
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Office of Administration
Information Technology
For necessary expenses of the Office of Administration for
restoration and reconstruction of certain electronic mail
messages and for inclusion of such messages in the Automated
Records Management System, $8,400,000, which shall remain
available until September 30, 2002: Provided, That such funds
may not be obligated until the Office of Administration
submits to the Committees on Appropriations an independent
verification and validation of the initial and projected
costs of the tape restoration and reconstruction project:
Provided further, That such submission shall include the
final report prepared by the independent verification and
validation contractor to the Office of Administration
relating to the initial and projected cost estimates:
Provided further, That the entire amount 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 for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined by such
Act, is transmitted by the President to the Congress.
INDEPENDENT AGENCIES
General Services Administration
Policy and Operations
For an additional amount, $3,300,000 to remain available
until expended for the Salt Lake 2002 Winter Olympic and
Paralympic Games doping control program: Provided, That the
entire amount 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 for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted
by the Presdient to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2701. Notwithstanding section 1345 of title 31, United
States Code, or section 610 of the Treasury and General
Government Appropriations Act, 2000 (Public Law 106-58; 113
Stat. 467), funds made available for fiscal year 2000 for any
other department or agency of the Federal Government with
authority to conduct counterdrug intelligence activities may
be available to finance an appropriate share of the
administrative costs incurred by the Department of Justice
for the Counterdrug Intelligence Executive Secretariat
authorized by the General Counterdrug Intelligence Plan of
February 12, 2000, except that the total amount that may be
used under this section for such purpose shall not exceed
$1,100,000.
Sec. 2702. (a) The unobligated balance as of September 30,
2000, of funds appropriated under the heading ``Internal
Revenue Service, Information Technology Investments'' in the
Treasury Department Appropriations Act, 1998, title I of
Public Law 105-61, is rescinded.
(b) Subsection (a) shall be effective September 30, 2000.
(c) The amount rescinded pursuant to subsection (a) is
appropriated for the capital asset acquisition of information
technology systems, including management and related
contractual costs of said acquisitions, including contractual
costs associated with operations authorized by 5 U.S.C. 3109,
which shall be available through September 30, 2001:
Provided, That none of these funds shall be obligated until
the Internal Revenue Service submits to Congress and Congress
approves a plan for expenditure that: (1) meets the capital
planning and investment control review requirements
established by the Office of Management and Budget, including
OMB Circular A-11 part 3; (2) complies with the Internal
Revenue Service's enterprise architecture, including the
modernization blueprint; (3) conforms with the Internal
Revenue Service's enterprise life cycle methodology; (4) is
approved by the Internal Revenue Service, the Department of
the Treasury, and the Office of Management and Budget; (5)
has been reviewed by the General Accounting Office; and (6)
complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.
Sec. 2703. Restoration of Medicare Trust Funds. (a)
Correction of Trust Fund Holdings.--
(1) In general.--Within 120 days after the effective date
of this Act, the Secretary of the Treasury shall take the
actions described in paragraph (2) with respect to each trust
fund with the goal being that, after the actions are taken,
the holdings of the trust fund will replicate, to the extent
practicable in the judgement of the Secretary of the
Treasury, in consultation with the Secretary of Health and
Human Services, the obligations that would have been held by
the trust fund if the clerical error had not occurred.
(2) Obligations issued and redeemed.--The Secretary of the
Treasury shall--
(A) issue to each trust fund obligations under chapter 31
of title 31, United States Code, that bear issue dates,
interest rates, and maturity dates as the obligations that--
(i) would have been issued to the trust fund if the
clerical error had not occurred; or
(ii) were issued to the trust fund and were redeemed by
reason of the clerical error; and
(B) redeem from each trust fund obligations that--
(i) would not have been issued to the trust fund if the
clerical error had not occurred; or
(ii) would have been redeemed from the trust fund if the
clerical error had not occurred.
(b) Correction of Interest Income.--
(1) Transfer of excess interest income.--Within 120 days
after the effective date of this Act, the Secretary of the
Treasury shall transfer from the Federal Hospital Insurance
Trust Fund to the Federal Supplementary Medical Insurance
Trust Fund an amount determined by the Secretary of the
Treasury, in consultation with the Secretary of Health and
Human Services, to be equal to the amount of interest income
that was credited to the Federal Hospital Insurance Trust
Fund that would not have been credited if the clerical error
had not occurred.
(2) Credit of lost interest income.--Within 120 days after
the effective date of this Act, there is hereby appropriated
to the Federal Supplementary Medical Insurance Trust Fund,
out of any money in the Treasury not otherwise appropriated,
an amount determined by the Secretary of the Treasury, in
consultation with the Secretary of Health and Human Services,
to be equal to the difference between--
(A) the interest income lost by that trust fund through the
date of credit by reason of the clerical error; and
(B) the amount transferred to that trust fund under
paragraph (1).
(c) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Clerical error.--The term ``clerical error'' means the
erroneous transfers of moneys between the investment accounts
and uninvested transfer accounts of the trust funds that
occurred in the fiscal year ending September 30, 1999, as
described in the Department of Health and Human Services'
``Accountability Report for Fiscal Year 1999: Federal
Managers Financial Integrity Act Report on Systems and
Controls''.
(2) Trust fund.--The term ``trust fund'' means either the
Federal Hospital Insurance Trust Fund or the Federal
Supplementary Medical Insurance Trust Fund.
Sec. 2704. (a) In General.--Of the amounts provided to the
Office of National Drug Control Policy for fiscal year 2000,
pursuant to section 237 of H.R. 3425 of the 106th Congress,
as enacted into law by section 1000(a)(5) of Public Law 106-
113, the Director of such Office shall make a direct payment
of $3,000,000 to the United States Olympic Committee for the
conduct of anti-doping activities through the United States
Anti-Doping Agency.
(b) Direct Payments.--Effective on the date of the
enactment of this Act, the Director of the Office of National
Drug Control Policy is authorized and directed to make a
direct payment to the United States Olympic Committee for the
conduct of anti-doping activities through the United States
Anti-Doping Agency.
Sec. 2705. (a) The unobligated balance as of September 30,
2000, of funds transferred to the United States Secret
Service pursuant to the second sentence of section 240 of
H.R. 3425 of the 106th Congress, as enacted into law by
section 1000(a)(5) of Public Law 106-113, is rescinded.
(b) Subsection (a) shall be effective September 30, 2000.
(c) The amount rescinded pursuant to subsection (a) is
appropriated to the United States Secret Service for salaries
and expenses, to remain available until September 30, 2001.
Sec. 2706. Of the amounts provided in Public Law 106-58 in
the Policy and Operations account, the General Services
Administration is hereby authorized to provide $225,000, to
remain available until expended, for the Nebraska State
Patrol Digital Distance Learning project.
CHAPTER 8
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development block grants
The referenced statement of the managers in the sixth
undesignated paragraph under this heading in title II of
Public Law 106-74 is deemed to be amended by striking
``Montgomery'' in reference to the planning and construction
of a regional learning center at Spring Hill College, and
inserting ``Mobile''.
The referenced statement of the managers in the fourth
undesignated paragraph under this heading in title II of
Public Law 106-74 for neighborhood initiatives for specified
grants to the City of Yankton, South Dakota, for the
restoration of the downtown area and the development of the
Fox Run Industrial Park is deemed to be amended by adding
after the word ``Park'' the following: ``and for activities
to facilitate economic development, including infrastructure
improvements''.
For an additional amount for targeted economic development
initiatives under the Community Development Block Grants
program, $27,500,000: Provided, That the statement of the
managers accompanying Public Law 106-74 is deemed to be
amended to include in the description of targeted economic
development initiatives the following:
``--$1,300,000 to the City of Park Falls, Wisconsin for
economic development, including purchase of municipal
equipment and infrastructure improvements in industrial parks
and the City of Park Falls;
``--$250,000 to the Lake Superior BTC cultural center in
Washburn, Wisconsin for restoration of facilities and
equipment destroyed by fire;
``--$900,000 to the City of Hatley, Wisconsin for the cost
of water, wastewater and sewer system improvements;
``--$50,000 to the City of Hamlet, North Carolina for
demolition and removal of buildings and equipment destroyed
by fire; and
``--$25,000,000 to the City of Youngstown, Ohio for site
acquisition, planning, architectural design, and construction
of a convocation and community center.'':
Provided, That the entire amount under this paragraph shall
be available only to the extent
[[Page H5475]]
that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For an additional amount for the HOME investment
partnerships program, as authorized under title II of the
Cranston-Gonzalez National Affordable Housing Act (Public Law
101-625), as amended, $36,000,000: Provided, That of said
amount, $11,000,000 shall be provided to the New Jersey
Department of Community Affairs and $25,000,000 shall be
provided to the North Carolina Housing Finance Agency for the
purpose of providing temporary assistance in obtaining rental
housing, and for construction of affordable replacement
housing: Provided further, That assistance provided under
this paragraph shall be for very low-income families
displaced by flooding caused by Hurricane Floyd and
surrounding events: Provided further, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall
be available only to the extent that an official budget
request for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
homeless assistance grants
Of the amounts made available under this heading in title
II of Public Law 106-74, the Secretary of Housing and Urban
Development shall, for each request described in the
following proviso, make a 1-year grant to the entity making
the request in the amount under the second proviso: Provided,
That a request described in this proviso is a request for a
grant under subtitle C of title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11381 et seq.) for
permanent housing for homeless persons with disabilities or
subtitle F of such title (42 U.S.C. 11403 et seq.) that: (1)
was submitted in accordance with the eligibility requirements
established by the Secretary and pursuant to the notice of
funding availability for fiscal year 1999 covering such
programs, but was not approved; (2) was made by an entity
that received such a grant pursuant to the notice of funding
availability for a previous fiscal year; and (3) requested
renewal of funding made under such previous grant for use for
eligible activities because funding under such previous grant
expires during calendar year 2000: Provided further, That the
amount under this proviso is the amount necessary, as
determined by the Secretary, to renew funding for the
eligible activities under the grant request for a period of
only 1 year, taking into consideration the amount of funding
requested for the first year of funding under the grant
request: Provided further, That in the third proviso under
this heading in Public Law 106-74, insert ``and management
and information systems'' after ``technical assistance''.
Management and Administration
SALARIES AND EXPENSES
The Secretary of Housing and Urban Development is
prohibited from using any funds in Public Law 106-74 or any
other Act to employ more than 9,100 full-time equivalent
employees at the Department of Housing and Urban Development
in fiscal year 2000.
Office of Inspector General
(INCLUDING RESCISSION OF FUNDS)
Of the amounts made available under this heading in Public
Law 106-74, $6,000,000 provided for the ``Office of Inspector
General'' is rescinded. For an additional amount for the
``Office of Inspector General'', $6,000,000, to remain
available until September 30, 2001: Provided, That these
funds shall be made available under the same terms and
conditions as authorized for the funds under this heading in
Public Law 106-74.
INDEPENDENT AGENCIES
Corporation for National and Community Service
NATIONAL AND COMMUNITY SERVICE PROGRAMS
OPERATING EXPENSES
(RESCISSION OF FUNDS)
Of the amounts available in the National Service Trust
account from previous appropriations Acts, $1,000,000 shall
be rescinded.
OFFICE OF INSPECTOR GENERAL
For an additional amount for the ``Office of Inspector
General'' for reviews and audits of the State Commissions on
National and Community Service (including alternative
administrative entities) established under section 178 of the
National and Community Service Act of 1990 (42 U.S.C. 12638),
$1,000,000, to remain available until September 30, 2001.
Environmental Protection Agency
environmental programs and management
(including transfer of funds)
Of the amount appropriated under this heading in title III
of Public Law 106-74, $2,374,900, in addition to amounts made
available for the following in prior Acts, shall be and have
been available to award grants for work on the Buffalo Creek
and other New York watersheds and for aquifer protection work
in and around Cortland County, New York, including work on
the Upper Susquehanna watershed.
Of the amount appropriated under this heading in title III
of Public Law 105-276 to establish a regional environmental
data center and to develop an integrated, automated water
quality monitoring and information system for watersheds
impacting Chesapeake Bay, $2,600,000 shall be transferred to
the ``State and tribal assistance grants'' account to remain
available until expended for grants for wastewater and sewer
infrastructure improvements for Smithfield Township, Monroe
County ($800,000); the Municipal Authority of the Borough of
Milford, Pike County ($800,000); the City of Carbondale,
Lackawanna County ($200,000); Throop Borough, Lackawanna
County ($200,000); and Dickson City, Lackawanna County
($600,000), Pennsylvania.
None of the funds made available for fiscal years 2000 and
2001 for the Environmental Protection Agency may be used to
make a final determination on or implement any new rule
relative to the Proposed Revisions to the National Pollutant
Discharge Elimination System Program and Federal
Antidegradation Policy and the Proposed Revisions to the
Water Quality Planning and Management Regulations Concerning
Total Maximum Daily Load, published in the Federal Register
on August 23, 1999.
state and tribal assistance grants
The referenced statement of the managers under this heading
in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 2000 (Public Law 106-74), is deemed to be
amended by striking ``in the town of Waynesville'' in
reference to water and wastewater infrastructure improvements
as identified in project number 102, and by inserting
``Haywood County''; by adding the words ``for the Fourpole
Pumping Station'' after the word ``improvements'' in
reference to water and wastewater infrastructure improvements
as identified in project number 135; and by striking the
words ``at the West County Wastewater Treatment Plant'' in
reference to wastewater infrastructure improvements within
the Metropolitan Sewer District at Louisville, Kentucky as
identified in project number 50.
Federal Emergency Management Agency
Disaster Relief
Of the unobligated balances made available under the second
paragraph under this heading in Public Law 106-74, in
addition to other amounts made available, up to $50,000,000
may be used by the Director of the Federal Emergency
Management Agency for the buyout or elevation of properties
which are principal residences that have been made
uninhabitable by floods in areas which were declared Federal
disasters in fiscal years 1999 and 2000: Provided, That such
properties are located in a 100-year floodplain: Provided
further, That no homeowner may receive any assistance for
buyouts in excess of the pre-flood fair market value of the
residence (reduced by any proceeds from insurance or any
other source paid or owed as a result of the flood damage to
the residence): Provided further, That each state shall
ensure that there is a contribution from non-Federal sources
of not less than 25 percent in matching funds (other than
administrative costs) for any funds allocated to the State
for buyout assistance: Provided further, That all buyouts
under this section shall be subject to the terms and
conditions specified under 42 U.S.C. 5170c(b)(2)(B): Provided
further, That none of the funds made available for buyouts
under this paragraph may be used in any calculation of a
State's section 404 allocation: Provided further, That the
Director shall report quarterly to the House and Senate
Committees on Appropriations on the use of all funds
allocated under this paragraph and certify that the use of
all funds are consistent with all applicable laws and
requirements: Provided further, That no funds shall be
allocated for buyouts under this paragraph except in
accordance with regulations promulgated by the Director:
Provided further, That the entire amount shall be available
only to the extent an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
National Aeronautics and Space Administration
science, aeronautics and technology
For an additional amount for ``Science, aeronautics and
technology'', $1,500,000, to remain available until September
30, 2001: Provided, That the entire amount shall be available
only to the extent an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2801. Title V, subtitle C, section 538 of Public Law
106-74, is amended by striking ``during any period that the
assisted family continues residing in the same project in
which the family was residing on the date of the eligibility
event for the project, if'' and inserting the following:
``the assisted family may elect to remain in the same project
in which the family was residing on the date of the
eligibility event for the project, and if, during any period
the family makes such an election and continues to so
reside,''.
Sec. 2802. Section 175 of Public Law 106-113 is amended by
striking ``as a grant for Special Olympics in Anchorage,
Alaska to develop the
[[Page H5476]]
Ben Boeke Arena and Hilltop Ski Area,'' and inserting the
following ``to the Organizing Committee for the 2001 Special
Olympics World Winter games to be used in support of related
activities in Alaska,''.
Sec. 2803. (a) Technical Revision to Public Law 106-74.--
Title II of Public Law 106-74 is amended--
(1) under the heading ``Urban Empowerment Zones'', by
striking ``$3,666,000'' and inserting ``$3,666,666''; and
(2) under the heading ``Community Development Block
Grants'' under the fourth undesignated paragraph, by striking
``$23,000,000'' and inserting ``$22,750,000''.
(b) Technical Revision to Public Law 106-113.--Section
242(a) of Appendix E of Public Law 106-113 is amended--
(1) by striking ``seventh'' and inserting ``sixth''; and
(2) by striking ``$250,175,000'' and inserting
``$250,900,000''.
(c) Effective Dates.--The amendments made by--
(1) subsection (a) shall be construed to have taken effect
on October 20, 1999; and
(2) subsection (b) shall be construed to have taken effect
on November 29, 1999.
Sec. 2804. Section 235 Rescission. Section 208(3) of the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2000 is amended--
(1) by striking ``235(r)'' and inserting ``235'';
(2) by inserting after ``104 Stat. 2305)'' the following:
``for payments under section 235(r) of the National Housing
Act''; and
(3) by striking ``for such purposes''.
CHAPTER 9
GENERAL PROVISION--THIS TITLE
Sec. 2901. For an additional amount for the District of
Columbia Metropolitan Police Department, $4,485,000 for the
reimbursement of certain costs incurred by the District of
Columbia as host of the International Monetary Fund and World
Bank Organization Spring Conference in April 2000: Provided,
That the entire amount shall be available only to the extent
an official budget request for $4,485,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
TITLE III--COUNTERNARCOTICS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $30,000,000, to remain available for obligation until
September 30, 2002: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount provided shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $154,059,000, to remain
available for obligation until expended: Provided, That the
entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the Secretary of
Defense may transfer the funds provided herein only to
appropriations for military personnel; operation and
maintenance; procurement; research, development, test and
evaluation; and working capital funds: Provided further,
That the funds transferred shall be merged with and shall
be available for the same purposes and for the same time
period, as the appropriation to which transferred:
Provided further, That the transfer authority provided
under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That no funds made available under this heading
may be obligated or expended for training, logistics
support, planning or assistance contracts for any overseas
activity until 15 days after the Assistant Secretary of
Defense, Special Operations and Low-Intensity Conflict
reports to the congressional defense committees on the
value, duration and purpose of such contracts.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3101. (a) Authority To Provide Support.--Of the amount
appropriated in this Act for the Department of Defense, not
to exceed $45,000,000 shall be available for the provision of
support for counter-drug activities of the Government of
Colombia. The support provided under this section shall be in
addition to support provided for counter-drug activities of
the Government of Colombia under any other provision of law.
(b) Types of Support.--The support that may be provided
using this section shall be limited to the types of support
specified in section 1033(c)(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1882). In addition, using unobligated balances from
the Department of Defense Appropriations Act, 1999 (Public
Law 105-262), the Secretary of Defense may transfer one light
observation aircraft to Colombia for counter-drug activities.
(c) Conditions on Provision of Support.--(1) The Secretary
of Defense may not obligate or expend funds appropriated in
this Act to provide support under this section for counter-
drug activities of the Government of Colombia until the end
of the 15-day period beginning on the date on which the
Secretary submits the written certification for fiscal year
2000 pursuant to section 1033(f)(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1882).
(2) The elements of the written certification submitted for
fiscal year 2000 described in section 1033(g) of that Act
shall apply to, and the written certification shall address,
the support provided under this section for counter-drug
activities of the Government of Colombia.
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Department of State
Assistance for Counternarcotics Activities
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support Central and South
America and Caribbean counternarcotics activities,
$1,018,500,000, to remain available until expended: Provided,
That of the funds appropriated under this heading, not less
than $110,000,000 shall be made available for assistance for
Bolivia, of which not less than $85,000,000 may be made
available for alternative development and other economic
activities: Provided further, That of the funds appropriated
under this heading, not less than $20,000,000 may be made
available for assistance for Ecuador, of which not less than
$8,000,000 may be made available for alternative development
and other economic activities: Provided further, That of the
funds appropriated under this heading, not less than
$18,000,000 shall be made available for assistance for other
countries in South and Central America and the Caribbean
which are cooperating with United States counternarcotics
objectives: Provided further, That of the funds appropriated
under this heading not less than $60,000,000 shall be made
available for the procurement, refurbishing, and support for
UH-1H Huey II helicopters for the Colombian Army: Provided
further, That of the funds appropriated under this heading,
not less than $234,000,000 shall be made available for the
procurement of and support for UH-60 Blackhawk helicopters
for use by the Colombian Army and the Colombian National
Police: Provided further, That procurement of UH-60 Blackhawk
helicopters from funds made available under this heading
shall be managed by the United States Defense Security
Cooperation Agency: Provided further, That the President
shall ensure that if any helicopter procured with funds under
this heading is used to aid or abet the operations of an
illegal self-defense group or illegal security cooperative,
then such helicopter shall be immediately returned to the
United States: Provided further, That of the amount
appropriated under this heading, $2,500,000 shall be
available for a program for the demobilization and
rehabilitation of child soldiers in Colombia: Provided
further, That funds made available under this heading shall
be in addition to amounts otherwise available for such
purposes: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That
the Secretary of State, in consultation with the Secretary
of Defense and the Administrator of the United States
Agency for International Development, shall provide to the
Committees on Appropriations not later than 30 days after
the date of the enactment of this Act and prior to the
initial obligation of any funds appropriated under this
heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each
proposed program, project or activity: Provided further,
That at least 20 days prior to the obligation of funds
made available under this heading the Secretary of State
shall inform the Committees on Appropriations: Provided
further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That
the entire amount provided shall be available only to the
extent an official budget request that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3201. Conditions on Assistance for Colombia. (a)
Conditions.--
(1) Certification required.--Assistance provided under this
heading may be made available for Colombia in fiscal years
2000 and 2001 only if the Secretary of State certifies to the
appropriate congressional committees prior to the initial
obligation of such assistance in each such fiscal year,
that--
(A)(i) the President of Colombia has directed in writing
that Colombian Armed Forces personnel who are credibly
alleged to have committed gross violations of human rights
will be brought to justice in Colombia's civilian courts, in
accordance with the 1997 ruling of Colombia's Constitutional
court regarding civilian court jurisdiction in human rights
cases; and
(ii) the Commander General of the Colombian Armed Forces is
promptly suspending from duty any Colombian Armed Forces
personnel who are credibly alleged to have committed gross
violations of human rights or to have aided or abetted
paramilitary groups; and
[[Page H5477]]
(iii) the Colombian Armed Forces and its Commander General
are fully complying with (A)(i) and (ii); and
(B) the Colombian Armed Forces are cooperating fully with
civilian authorities in investigating, prosecuting, and
punishing in the civilian courts Colombian Armed Forces
personnel who are credibly alleged to have committed gross
violations of human rights; and
(C) the Government of Colombia is vigorously prosecuting in
the civilian courts the leaders and members of paramilitary
groups and Colombian Armed Forces personnel who are aiding or
abetting these groups.
(D) the Government of Colombia has agreed to and is
implementing a strategy to eliminate Colombia's total coca
and opium poppy production by 2005 through a mix of
alternative development programs; manual eradication; aerial
spraying of chemical herbicides; tested, environmentally safe
mycoherbicides; and the destruction of illicit narcotics
laboratories on Colombian territory;
(E) the Colombian Armed Forces are developing and deploying
in their field units a Judge Advocate General Corps to
investigate Colombian Armed Forces personnel for misconduct.
(2) Consultative process.--The Secretary of State shall
consult with internationally recognized human rights
organizations regarding the Government of Colombia's progress
in meeting the conditions contained in paragraph (1), prior
to issuing the certification required under paragraph (1).
(3) Application of existing laws.--The same restrictions
contained in section 564 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000
(Public Law 106-113) and section 8098 of the Department of
Defense Appropriations Act, 2000 (Public Law 106-79) shall
apply to the availability of funds under this heading.
(4) Waiver.--Assistance may be furnished without regard to
this section if the President determines and certifies to the
appropriate Committees that to do so is in the national
security interest.
(b) Definitions.--In this section:
(1) Aiding or abetting.--The term ``aiding or abetting''
means direct and indirect support to paramilitary groups,
including conspiracy to allow, facilitate, or promote the
activities of paramilitary groups.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Appropriations and the Committee on Foreign Relations of
the Senate and the Committee on Appropriations and the
Committee on International Relations of the House of
Representatives.
(3) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives.
(4) Assistance.--The term ``assistance'' means assistance
appropriated under this heading for fiscal years 2000 and
2001, and provided under the following provisions of law:
(A) Section 1004 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; relating to
counter-drug assistance).
(B) Section 1033 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; relating to counter-
drug assistance to Colombia and Peru).
(C) Section 23 of the Arms Export Control Act (Public Law
90-629); relating to credit sales.
(D) Section 481 of the Foreign Assistance Act of 1961
(Public Law 87-195; relating to international narcotics
control).
(E) Section 506 of the Foreign Assistance Act of 1961
(Public Law 87-195; relating to emergency drawdown
authority).
Sec. 3202. Regional Strategy. (a) Report Required.--Not
later than 60 days after the date of the enactment of this
Act, the President shall submit to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives, a report on
the current United States policy and strategy regarding
United States counternarcotics assistance for Colombia and
neighboring countries.
(b) Report Elements.--The report required by subsection (a)
shall address the following:
(1) The key objectives of the United States'
counternarcotics strategy in Colombia and neighboring
countries and a detailed description of benchmarks by which
to measure progress toward those objectives.
(2) The actions required of the United States to support
and achieve these objectives, and a schedule and cost
estimates for implementing such actions.
(3) The role of the United States in the efforts of the
Government of Colombia to deal with illegal drug production
in Colombia.
(4) The role of the United States in the efforts of the
Government of Colombia to deal with the insurgency and
paramilitary forces in Colombia.
(5) How the strategy with respect to Colombia relates to
and affects the United States' strategy in the neighboring
countries.
(6) How the strategy with respect to Colombia relates to
and affects the United States' strategy for fulfilling global
counternarcotics goals.
(7) A strategy and schedule for providing material,
technical, and logistical support to Colombia and neighboring
countries in order to defend the rule of law and to more
effectively impede the cultivation, production, transit, and
sale of illicit narcotics.
(8) A schedule for making Forward Operating Locations (FOL)
fully operational, including cost estimates and a description
of the potential capabilities for each proposed location and
an explanation of how the FOL architecture fits into the
overall the Strategy.
Sec. 3203. Report on Extradition of Narcotics Traffickers.
(a) Not later than 6 months after the date of the enactment
of this title, and every 6 months thereafter, during the
period Plan Colombia resources are made available, the
Secretary of State shall submit to the Committee on Foreign
Relations, the Committee on the Judiciary and the Committee
on Appropriations of the Senate and the Committee on
International Relations, the Committee on the Judiciary, and
the Committee on Appropriations of the House of
Representatives a report setting forth--
(1) a list of the persons whose extradition has been
requested from any country receiving counter narcotics
assistance from the United States, indicating those persons
who--
(A) have been surrendered to the custody of United States
authorities;
(B) have been detained by the authorities and who are being
processed for extradition;
(C) have been detained by the authorities and who are not
yet being processed for extradition; or
(D) are at large;
(2) a determination whether authorities of each country
receiving counternarcotics assistance from the United States
are making good faith efforts to ensure the prompt
extradition of each of the persons sought by United States
authorities; and
(3) an analysis of--
(A) any legal obstacles in the laws of each country
receiving counternarcotics assistance from the United States
regarding prompt extradition of persons sought by United
States authorities; and
(B) the steps taken by authorities of the United States and
the authorities of each country receiving counternarcotics
assistance from the United States to overcome such obstacles.
Sec. 3204. Limitations on Support for Plan Colombia and on
the Assignment of United States Personnel in Colombia. (a)
Limitation on Support for Plan Colombia.--
(1) Limitation.--Except as provided in paragraph (2), none
of the funds appropriated or otherwise made available by any
Act shall be available for support of Plan Colombia unless
and until--
(A) the President submits a report to Congress requesting
the availability of such funds; and
(B) Congress enacts a joint resolution approving the
request of the President under subparagraph (A).
(2) Exceptions.--The limitation in paragraph (1) does not
apply to--
(A) appropriations made by this Act, the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2001, the Military Construction
Appropriations Act, 2001, the Commerce, Justice, State and
the Judiciary Appropriations Act, 2001, the Treasury and
General Government Appropriations Act, 2001, or the
Department of Defense Appropriations Act, 2001, for the
purpose of support of Plan Colombia; or
(B) the unobligated balances from any other program used
for their originally appropriated purpose to combat drug
production and trafficking, foster peace, increase the rule
of law, improve human rights, expand economic development,
and institute justice reform in the countries covered by Plan
Colombia.
(3) Waiver.--The limitations in subsection (a) may be
waived by an Act of Congress.
(b) Limitation on Assignment of United States Personnel in
Colombia.--
(1) Limitation.--Except as provided in paragraph (2), none
of the funds appropriated or otherwise made available by this
or any other Act (including funds described in subsection
(c)) may be available for--
(A) the assignment of any United States military personnel
for temporary or permanent duty in Colombia in connection
with support of Plan Colombia if that assignment would cause
the number of United States military personnel so assigned in
Colombia to exceed 500; or
(B) the employment of any United States individual civilian
retained as a contractor in Colombia if that employment would
cause the total number of United States individual civilian
contractors employed in Colombia in support of Plan Colombia
who are funded by Federal funds to exceed 300.
(2) Exception.--The limitation contained in paragraph (1)
shall not apply if--
(A) the President submits a report to Congress requesting
that the limitation not apply; and
(B) Congress enacts a joint resolution approving the
request of the President under subparagraph (A).
(c) Waiver.--The President may waive the limitation in
subsection (b)(1) for a single period of up to 90 days in the
event that the Armed Forces of the United States are involved
in hostilities or that imminent involvement by the Armed
Forces of the United States in hostilities is clearly
indicated by the circumstances.
(d) Statutory Construction.--Nothing in this section may be
construed to affect the authority of the President to carry
out any emergency evacuation of United States citizens or any
search or rescue operation for United States military
personnel or other United States citizens.
(e) Report on Support for Plan Colombia.--Not later than
June 1, 2001, and not later than June 1 and December 1 of
each of the succeeding four fiscal years, the President shall
submit a report to Congress setting forth any costs
(including incremental costs incurred by the Department of
Defense) incurred by any department, agency, or other entity
of the Executive branch of Government during the two previous
fiscal quarters in support of Plan Colombia. Each such report
shall provide an itemization of expenditures by each such
department, agency, or entity.
(f) Bimonthly Reports.--Beginning within 90 days of the
date of the enactment of this joint resolution, and every 60
days thereafter, the President shall submit a report to
Congress that shall include the aggregate number, locations,
activities, and lengths of assignment for all temporary and
permanent United States military
[[Page H5478]]
personnel and United States individual civilians retained as
contractors involved in the antinarcotics campaign in
Colombia.
(g) Congressional Priority Procedures.--
(1) Joint resolutions defined.--
(A) For purposes of subsection (a)(1)(B), the term ``joint
resolution'' means only a joint resolution introduced not
later than 10 days of the date on which the report of the
President under subsection (a)(1)(A) is received by Congress,
the matter after the resolving clause of which is as follows:
``That Congress approves the request of the President for
additional funds for Plan Colombia contained in the report
submitted by the President under section 3204(a)(1) of the
2000 Emergency Supplemental Appropriations Act.''.
(B) For purposes of subsection (b)(2)(B), the term ``joint
resolution'' means only a joint resolution introduced not
later than 10 days of the date on which the report of the
President under subsection (a)(1)(A) is received by Congress,
the matter after the resolving clause of which is as follows:
``That Congress approves the request of the President for
exemption from the limitation applicable to the assignment of
personnel in Colombia contained in the report submitted by
the President under section 3204(b)(2)(B) of the 2000
Emergency Supplemental Appropriations Act.''.
(2) Procedures.--Except as provided in subparagraph (B), a
joint resolution described in paragraph (1)(A) or (1)(B)
shall be considered in a House of Congress in accordance with
the procedures applicable to joint resolutions under
paragraphs (3) through (8) of section 8066(c) of the
Department of Defense Appropriations Act, 1985 (as contained
in Public Law 98-473; 98 Stat. 1936).
(h) Plan Colombia Defined.--In this section, the term
``Plan Colombia'' means the plan of the Government of
Colombia instituted by the administration of President
Pastrana to combat drug production and trafficking, foster
peace, increase the rule of law, improve human rights, expand
economic development, and institute justice reform.
Sec. 3205. (a) Denial of Visas for Persons Credibly Alleged
To Have Aided and Abetted Colombian Insurgent and
Paramilitary Groups.--None of the funds appropriated or
otherwise made available in this Act for any fiscal year for
the Department of State may be used to issue visas to any
person who has been credibly alleged to have provided direct
or indirect support to the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN), or the
United Colombian Self Defense organization (AUC), including
conspiracy to allow, facilitate, or promote the illegal
activities of such groups.
(b) Exemption.--Subsection (a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would otherwise
be excluded under this section is necessary for medical
reasons, or to permit the prosecution of such person in the
United States, or the person has cooperated fully with the
investigation of crimes committed by individuals associated
with the Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Colombian Self
Defense organization (AUC).
(c) Waiver.--The President may waive the limitation in
subsection (a) if the President determines that the waiver is
in the national interest.
Sec. 3206. Limitation on Supplemental Funds for Population
Planning.--Amounts appropriated under this division or under
any other provision of law for fiscal year 2000 that are in
addition to the funds made available under title II of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (as enacted into law by section
1000(a)(2) of Public Law 106-113) shall be deemed to have
been appropriated under title II of such Act and shall be
subject to all limitations and restrictions contained in
section 599D of such Act, notwithstanding section 543 of such
Act.
Sec. 3207. Declaration of Support. (a) Certification
Required.--Assistance may be made available for Colombia in
fiscal years 2000 and 2001 only if the Secretary of State
certifies to the appropriate congressional committees, before
the initial obligation of such assistance in each such fiscal
year, that the United States Government publicly supports the
military and political efforts of the Government of Colombia,
consistent with human rights conditions in section 3101,
necessary to effectively resolve the conflicts with the
guerrillas and paramilitaries that threaten the territorial
integrity, economic prosperity, and rule of law in Colombia.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the following:
(A) The Committees on Appropriations and Foreign Relations
of the Senate.
(B) The Committees on Appropriations and International
Relations of the House of Representatives.
(2) Assistance.--The term ``assistance'' means assistance
appropriated under this heading for fiscal years 2000 and
2001, and provided under the following provisions of law:
(A) Section 1004 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; relating to
counter-drug assistance).
(B) Section 1033 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; relating to counter-
drug assistance to Colombia and Peru).
(C) Section 23 of the Arms Export Control Act (Public Law
90-629; relating to credit sales).
(D) Section 481 of the Foreign Assistance Act of 1961
(Public Law 87-195; relating to international narcotics
control).
(E) Section 506 of the Foreign Assistance Act of 1961
(Public Law 87-195; relating to emergency drawdown
authority).
CHAPTER 3
MILITARY CONSTRUCTION, DEFENSE-WIDE
Notwithstanding any other provision of law, for an
additional amount for ``Military Construction, Defense-
Wide'', $116,523,000, to remain available until September 30,
2004: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an
official budget request for $116,523,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
TITLE IV--LEWIS AND CLARK RURAL WATER SYSTEM
SEC. 4101. SHORT TITLE.
This title may be cited as the ``Lewis and Clark Rural
Water System Act of 2000''.
SEC. 4102. DEFINITIONS.
In this title:
(1) Feasibility study.--The term ``feasibility study''
means the study entitled ``Feasibility Level Evaluation of a
Missouri River Regional Water Supply for South Dakota, Iowa
and Minnesota'', dated September 1993, that includes a water
conservation plan, environmental report, and environmental
enhancement component.
(2) Incremental cost.--The term ``incremental cost'' means
the cost of the savings to the project were the City of Sioux
Falls not to participate in the water supply system.
(3) Member entity.--The term ``member entity'' means a
rural water system or municipality that meets the
requirements for membership as defined by the Lewis and Clark
Rural Water System, Inc. bylaws, dated September 6, 1990.
(4) Project construction budget.--The term ``project
construction budget'' means the description of the total
amount of funds needed for the construction of the water
supply project, as contained in the feasibility study.
(5) Pumping and incidental operational requirements.--The
term ``pumping and incidental operational requirements''
means all power requirements that are necessary for the
operation of intake facilities, pumping stations, water
treatment facilities, reservoirs, and pipelines up to the
point of delivery of water by the water supply system to each
member entity that distributes water at retail to individual
users.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Water supply project.--
(A) In general.--The term ``water supply project'' means
the physical components of the Lewis and Clark Rural Water
Project.
(B) Inclusions.--The term ``water supply project''
includes--
(i) necessary pumping, treatment, and distribution
facilities;
(ii) pipelines;
(iii) appurtenant buildings and property rights;
(iv) electrical power transmission and distribution
facilities necessary for services to water systems
facilities; and
(v) such other pipelines, pumping plants, and facilities as
the Secretary considers necessary and appropriate to meet the
water supply, economic, public health, and environment needs
of the member entities (including water storage tanks, water
lines, and other facilities for the member entities).
(8) Water supply system.--The term ``water supply system''
means the Lewis and Clark Rural Water System, Inc., a
nonprofit corporation established and operated substantially
in accordance with the feasibility study.
SEC. 4103. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.
(a) In General.--The Secretary shall make grants to the
water supply system for the planning and construction of the
water supply project.
(b) Service Area.--The water supply system shall provide
for the member entities safe and adequate municipal, rural,
and industrial water supplies, mitigation of wetland areas,
and water conservation in--
(1) Lake County, McCook County, Minnehaha County, Turner
County, Lincoln County, Clay County, and Union County, in
southeastern South Dakota;
(2) Rock County and Nobles County, in southwestern
Minnesota; and
(3) Lyon County, Sioux County, Osceola County, O'Brien
County, Dickinson County, and Clay County, in northwestern
Iowa.
(c) Amount of Grants.--Grants made available under
subsection (a) to the water supply system shall not exceed
the amount of funds authorized under section 4108.
(d) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of
the water supply project until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) are met; and
(2) a final engineering report and a plan for a water
conservation program are prepared and submitted to the
Congress not less than 90 days before the commencement of
construction of the water supply project.
SEC. 4104. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation for fish and wildlife losses incurred as a
result of the construction and operation of the water supply
project shall be on an acre-for-acre basis, based on
ecological equivalency, concurrent with project construction,
as provided in the feasibility study.
SEC. 4105. USE OF PICK-SLOAN POWER.
(a) In General.--From power designated for future
irrigation and drainage pumping for the
[[Page H5479]]
Pick-Sloan Missouri Basin program, the Western Area Power
Administration shall make available, at the firm power rate,
the capacity and energy required to meet the pumping and
incidental operational requirements of the water supply
project during the period beginning on May 1 and ending on
October 31 of each year.
(b) Qualification To Use Pick-Sloan Power.--For operation
during the period beginning May 1 and ending October 31 of
each year, for as long as the water supply system operates on
a not-for-profit basis, the portions of the water supply
project constructed with assistance under this title shall be
eligible to receive firm power from the Pick-Sloan Missouri
Basin program established by section 9 of the Act of December
22, 1944 (chapter 665; 58 Stat. 887), popularly known as the
Flood Control Act of 1944.
SEC. 4106. NO LIMITATION ON WATER PROJECTS IN STATES.
This title does not limit the authorization for water
projects in the States of South Dakota, Iowa, and Minnesota
under law in effect on or after the date of the enactment of
this Act.
SEC. 4107. WATER RIGHTS.
Nothing in this title--
(1) invalidates or preempts State water law or an
interstate compact governing water;
(2) alters the rights of any State to any appropriated
share of the waters of any body of surface or ground water,
whether determined by past or future interstate compacts or
by past or future legislative or final judicial allocations;
(3) preempts or modifies any Federal or State law, or
interstate compact, governing water quality or disposal; or
(4) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.
SEC. 4108. COST SHARING.
(a) Federal Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall provide funds equal to 80 percent of--
(A) the amount allocated in the total project construction
budget for planning and construction of the water supply
project under section 4103; and
(B) such amounts as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after September 1, 1993.
(2) Sioux falls.--The Secretary shall provide funds for the
City of Sioux Falls, South Dakota, in an amount equal to 50
percent of the incremental cost to the city of participation
in the project.
(b) Non-Federal Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the costs allocated to the water supply
system shall be 20 percent of the amounts described in
subsection (a)(1).
(2) Sioux falls.--The non-Federal cost-share for the City
of Sioux Falls, South Dakota, shall be 50 percent of the
incremental cost to the city of participation in the project.
SEC. 4109. BUREAU OF RECLAMATION.
(a) Authorization.--At the request of the water supply
system, the Secretary may allow the Commissioner of
Reclamation to provide project construction oversight to the
water supply project for the service area of the water supply
system described in section 4103(b).
(b) Project Oversight Administration.--The amount of funds
used by the Commissioner of Reclamation for oversight
described in subsection (a) shall not exceed the amount that
is equal to 1 percent of the amount provided in the total
project construction budget for the entire project
construction period.
SEC. 4110. PROJECT OWNERSHIP AND RESPONSIBILITY.
The water supply system shall retain title to all project
facilities during and after construction, and shall be
responsible for all operation, maintenance, repair, and
rehabilitation costs of the project.
SEC. 4111. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $213,887,700, to remain available until expended.
TITLE V--GENERAL PROVISIONS THIS DIVISION
Sec. 5101. No part of any appropriation contained in this
division shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
Sec. 5102. Sections 305 and 306 of H.R. 3425 of the 106th
Congress, as enacted into law by section 1000(a)(5) of Public
Law 106-113, are hereby repealed.
repeal of unobligated balance restrictions
Sec. 5103. The final proviso under the heading ``Foreign
Military Financing Program'' in title VI of the Foreign
Operations, Export Financing, and Related Programs as enacted
into law by section 1000(a)(2) of division B of Public Law
106-113 (113 Stat. 1501A-133), is null and void.
Sec. 5104. Section 216 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(4) of Public Law 106-113) is repealed.
Sec. 5105. Section 5527 of Public Law 105-33, The Balanced
Budget Act of 1997, is repealed.
Sec. 5106. Section 9305 of Public Law 105-33 (111 Stat.
677) is repealed.
Sec. 5107. Notwithstanding section 251(a) of the Balanced
Budget and Emergency Deficit Control Act of 1985, there shall
be no sequestration under that section to eliminate a fiscal
year 2000 breach or no reductions in discretionary spending
limits for fiscal year 2001 that might be caused by the
appropriations or other provisions in this Act.
Sec. 5108. (a) The enactment of this Act shall be deemed to
fulfill the requirements for enactment of a law for purposes
of section 206(b) of H. Con. Res. 290 (106th Congress).
(b) Section 312(b) of the Congressional Budget Act of 1974
shall not apply in the Senate with respect to fiscal year
2001.
Sec. 5109. Section 207 of H. Con. Res. 290 (106th Congress)
is amended as follows:
(a) by reducing the limit on outlays set forth in
subsection (a)(1) by $2,000,000,000; and
(b) by increasing the limit on outlays set forth in
subsection (a)(2) by $2,000,000,000.
This division may be cited as the ``Emergency Supplemental
Act, 2000''.
DIVISION C
CERRO GRANDE FIRE
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2000, and for other purposes, namely:
TITLE I--CERRO GRANDE FIRE ASSISTANCE ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Cerro Grande Fire
Assistance Act''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) on May 4, 2000, the National Park Service initiated a
prescribed burn on Federal land at Bandelier National
Monument in New Mexico during the peak of the fire season in
the Southwest;
(2) on May 5, 2000, the prescribed burn, which became known
as the ``Cerro Grande Prescribed Fire'', exceeded the
containment capabilities of the National Park Service, was
reclassified as a wildland burn, and spread to other Federal
and non-Federal land, quickly becoming characterized as a
wildfire;
(3) by May 7, 2000, the fire had grown in size and caused
evacuations in and around Los Alamos, New Mexico, including
the Los Alamos National Laboratory, one of the leading
national research laboratories in the United States and the
birthplace of the atomic bomb;
(4) on May 13, 2000, the President issued a major disaster
declaration for the counties of Bernalillo, Cibola, Los
Alamos, McKinley, Mora, Rio Arriba, Sandoval, San Juan, San
Miguel, Santa Fe, Taos, and Torrance, New Mexico;
(5) the fire resulted in the loss of Federal, State, local,
tribal, and private property;
(6) the Secretary of the Interior and the National Park
Service have assumed responsibility for the fire and
subsequent losses of property; and
(7) the United States should compensate the victims of the
Cerro Grande fire.
(b) Purposes.--The purposes of this title are--
(1) to compensate victims of the fire at Cerro Grande, New
Mexico, for injuries resulting from the fire; and
(2) to provide for the expeditious consideration and
settlement of claims for those injuries.
SEC. 103. DEFINITIONS.
In this title:
(1) Cerro grande fire.--The term ``Cerro Grande fire''
means the fire resulting from the initiation by the National
Park Service of a prescribed burn at Bandelier National
Monument, New Mexico, on May 4, 2000.
(2) Director.--The term ``Director'' means--
(A) the Director of the Federal Emergency Management
Agency; or
(B) if a Manager is appointed under section 104(a)(3), the
Manager.
(3) Injured person.--The term ``injured person'' means--
(A) an individual, regardless of the citizenship or alien
status of the individual; or
(B) an Indian tribe, corporation, tribal corporation,
partnership, company, association, insurer, county, township,
city, State, school district, or other non-Federal entity
(including a legal representative);
that suffered injury resulting from the Cerro Grande fire.
(4) Injury.--The term ``injury'' has the same meaning as
the term ``injury or loss of property, or personal injury or
death'' as used in section 1346(b)(1) of title 28, United
States Code.
(5) Manager.--The term ``Manager'' means an Independent
Claims Manager appointed under section 104(a)(3).
(6) Office.--The term ``Office'' means the Office of Cerro
Grande Fire Claims established by section 104(a)(2).
SEC. 104. COMPENSATION FOR VICTIMS OF CERRO GRANDE FIRE.
(a) In General.--
(1) Compensation.--Each injured person shall be entitled to
receive from the United States--
(A) compensation for injury suffered by the injured person
as a result of the Cerro Grande fire; and
(B) damages described in subsection (d)(4), as determined
by the Director.
(2) Office of cerro grande fire claims.--
(A) In general.--There is established within the Federal
Emergency Management Agency an Office of Cerro Grande Fire
Claims.
(B) Purpose.--The Office shall receive, process, and pay
claims in accordance with this title.
(C) Funding.--The Office--
(i) shall be funded from funds made available to the
Director under this title;
(ii) may reimburse other Federal agencies for claims
processing support and assistance;
(iii) may appoint and fix the compensation of such
temporary personnel as may be necessary, without regard to
the provisions of title 5, United States Code, governing
appointments in competitive service;
(iv) upon the request of the Director, the head of any
Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to
the Federal Emergency Management Agency to assist it in
carrying out its duties under this title; and
(v) shall not diminish the ability of the Director to carry
out the responsibilities of the Federal Emergency Management
Agency under the
[[Page H5480]]
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), including the timely provision
of disaster assistance to a State or territory, an area of
which is the subject of a major disaster or emergency
declaration made by the President during the period in which
the Director carries out this Act.
(3) Option to appoint independent claims manager.--The
Director may appoint an Independent Claims Manager to--
(A) head the Office; and
(B) assume the duties of the Director under this title.
(b) Submission of Claims.--Not later than 2 years after the
date on which regulations are first promulgated under
subsection (f), an injured person may submit to the Director
a written claim for one or more injuries suffered by the
injured person in accordance with such requirements as the
Director determines to be appropriate.
(c) Investigation of Claims.--
(1) In general.--The Director shall, on behalf of the
United States, investigate, consider, ascertain, adjust,
determine, grant, deny, or settle any claim for money damages
asserted under subsection (b).
(2) Applicability of state law.--Except as otherwise
provided in this title, the laws of the State of New Mexico
shall apply to the calculation of damages under subsection
(d)(4).
(3) Extent of damages.--Any payment under this title--
(A) shall be limited to actual compensatory damages
measured by injuries suffered; and
(B) shall not include--
(i) interest before settlement or payment of a claim; or
(ii) punitive damages.
(d) Payment of Claims.--
(1) Determination and payment of amount.--
(A) In general.--
(i) Payment.--Not later than 180 days after the date on
which a claim is submitted under this title, the Director
shall determine and fix the amount, if any, to be paid for
the claim.
(ii) Priority.--The Director, to the maximum extent
practicable, shall pay subrogation claims submitted under
this title only after paying claims submitted by injured
parties that are not insurance companies seeking payment as
subrogees.
(B) Parameters of determination.--In determining and
settling a claim under this title, the Director shall
determine only--
(i) whether the claimant is an injured person;
(ii) whether the injury that is the subject of the claim
resulted from the fire;
(iii) the amount, if any, to be allowed and paid under this
title; and
(iv) the person or persons entitled to receive the amount.
(C) Insurance and other benefits.--
(i) In general.--In determining the amount of, and paying,
a claim under this title, to prevent recovery by a claimant
in excess of actual compensatory damages, the Director shall
reduce the amount to be paid for the claim by an amount that
is equal to the total of insurance benefits (excluding life
insurance benefits) or other payments or settlements of any
nature that were paid, or will be paid, with respect to the
claim.
(ii) Government loans.--This subparagraph shall not apply
to the receipt by a claimant of any government loan that is
required to be repaid by the claimant.
(2) Partial payment.--
(A) In general.--At the request of a claimant, the Director
may make one or more advance or partial payments before the
final settlement of a claim, including final settlement on
any portion or aspect of a claim that is determined to be
severable.
(B) Judicial decision.--If a claimant receives a partial
payment on a claim under this title, but further payment on
the claim is subsequently denied by the Director, the
claimant may--
(i) seek judicial review under subsection (i); and
(ii) keep any partial payment that the claimant received,
unless the Director determines that the claimant--
(I) was not eligible to receive the compensation; or
(II) fraudulently procured the compensation.
(3) Rights of insurer or other third party.--If an insurer
or other third party pays any amount to a claimant to
compensate for an injury described in subsection (a), the
insurer or other third party shall be subrogated to any right
that the claimant has to receive any payment under this title
or any other law.
(4) Allowable damages.--
(A) Loss of property.--A claim that is paid for loss of
property under this title may include otherwise uncompensated
damages resulting from the Cerro Grande fire for--
(i) an uninsured or underinsured property loss;
(ii) a decrease in the value of real property;
(iii) damage to physical infrastructure;
(iv) a cost resulting from lost tribal subsistence from
hunting, fishing, firewood gathering, timbering, grazing, or
agricultural activities conducted on land damaged by the
Cerro Grande fire;
(v) a cost of reforestation or revegetation on tribal or
non-Federal land, to the extent that the cost of
reforestation or revegetation is not covered by any other
Federal program; and
(vi) any other loss that the Director determines to be
appropriate for inclusion as loss of property.
(B) Business loss.--A claim that is paid for injury under
this title may include damages resulting from the Cerro
Grande fire for the following types of otherwise
uncompensated business loss:
(i) Damage to tangible assets or inventory.
(ii) Business interruption losses.
(iii) Overhead costs.
(iv) Employee wages for work not performed.
(v) Any other loss that the Director determines to be
appropriate for inclusion as business loss.
(C) Financial loss.--A claim that is paid for injury under
this title may include damages resulting from the Cerro
Grande fire for the following types of otherwise
uncompensated financial loss:
(i) Increased mortgage interest costs.
(ii) An insurance deductible.
(iii) A temporary living or relocation expense.
(iv) Lost wages or personal income.
(v) Emergency staffing expenses.
(vi) Debris removal and other cleanup costs.
(vii) Costs of reasonable efforts, as determined by the
Director, to reduce the risk of wildfire, flood, or other
natural disaster in the counties specified in section
102(a)(4), to risk levels prevailing in those counties before
the Cerro Grande fire, that are incurred not later than the
date that is 3 years after the date on which the regulations
under subsection (f) are first promulgated.
(viii) A premium for flood insurance that is required to be
paid on or before May 12, 2002, if, as a result of the Cerro
Grande fire, a person that was not required to purchase flood
insurance before the Cerro Grande fire is required to
purchase flood insurance.
(ix) Any other loss that the Director determines to be
appropriate for inclusion as financial loss.
(e) Acceptance of Award.--The acceptance by a claimant of
any payment under this title, except an advance or partial
payment made under subsection (d)(2), shall--
(1) be final and conclusive on the claimant (but not on any
subrogee of the claimant), with respect to all claims arising
out of or relating to the same subject matter;
(2) constitute a complete release of all claims against the
United States (including any agency or employee of the United
States) under chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act''), or any
other Federal or State law, arising out of or relating to the
same subject matter; and
(3) shall include a certification by the claimant, made
under penalty of perjury and subject to the provisions of
section 1001 of title 18, United States Code, that such claim
is true and correct.
(f) Regulations and Public Information.--
(1) Regulations.--Notwithstanding any other provision of
law, not later than 45 days after the date of the enactment
of this Act, the Director shall promulgate and publish in the
Federal Register interim final regulations for the processing
and payment of claims under this title.
(2) Public information.--
(A) In general.--At the time at which the Director
promulgates regulations under paragraph (1), the Director
shall publish, in newspapers of general circulation in the
State of New Mexico, a clear, concise, and easily
understandable explanation, in English and Spanish, of--
(i) the rights conferred under this title; and
(ii) the procedural and other requirements of the
regulations promulgated under paragraph (1).
(B) Dissemination through other media.--The Director shall
disseminate the explanation published under subparagraph (A)
through brochures, pamphlets, radio, television, and other
media that the Director determines are likely to reach
prospective claimants.
(g) Consultation.--In administering this title, the
Director shall consult with the Secretary of the Interior,
the Secretary of Energy, the Secretary of Agriculture, the
Administrator of the Small Business Administration, other
Federal agencies, and State, local, and tribal authorities,
as determined to be necessary by the Director to--
(1) ensure the efficient administration of the claims
process; and
(2) provide for local concerns.
(h) Election of Remedy.--
(1) In general.--An injured person may elect to seek
compensation from the United States for one or more injuries
resulting from the Cerro Grande fire by--
(A) submitting a claim under this title;
(B) filing a claim or bringing a civil action under chapter
171 of title 28, United States Code; or
(C) bringing an authorized civil action under any other
provision of law.
(2) Effect of election.--An election by an injured person
to seek compensation in any manner described in paragraph (1)
shall be final and conclusive on the claimant with respect to
all injuries resulting from the Cerro Grande fire that are
suffered by the claimant.
(3) Arbitration.--
(A) In general.--Not later than 45 days after the date of
the enactment of this Act, the Director shall establish by
regulation procedures under which a dispute regarding a claim
submitted under this title may be settled by arbitration.
(B) Arbitration as remedy.--On establishment of arbitration
procedures under subparagraph (A), an injured person that
submits a disputed claim under this title may elect to settle
the claim through arbitration.
(C) Binding effect.--An election by an injured person to
settle a claim through arbitration under this paragraph
shall--
(i) be binding; and
(ii) preclude any exercise by the injured person of the
right to judicial review of a claim described in subsection
(i).
(4) No effect on entitlements.--Nothing in this title
affects any right of a claimant to file a claim for benefits
under any Federal entitlement program.
(i) Judicial Review.--
(1) In general.--Any claimant aggrieved by a final decision
of the Director under this title
[[Page H5481]]
may, not later than 60 days after the date on which the
decision is issued, bring a civil action in the United States
District Court for the District of New Mexico, to modify or
set aside the decision, in whole or in part.
(2) Record.--The court shall hear a civil action under
paragraph (1) on the record made before the Director.
(3) Standard.--The decision of the Director incorporating
the findings of the Director shall be upheld if the decision
is supported by substantial evidence on the record considered
as a whole.
(j) Attorney's and Agent's Fees.--
(1) In general.--No attorney or agent, acting alone or in
combination with any other attorney or agent, shall charge,
demand, receive, or collect, for services rendered in
connection with a claim submitted under this title, fees in
excess of 10 percent of the amount of any payment on the
claim.
(2) Violation.--An attorney or agent who violates paragraph
(1) shall be fined not more than $10,000.
(k) Waiver of Requirement For Matching Funds.--
(1) In general.--Notwithstanding any other provision of
law, a State or local project that is determined by the
Director to be carried out in response to the Cerro Grande
fire under any Federal program that applies to an area
affected by the Cerro Grande fire shall not be subject to any
requirement for State or local matching funds to pay the cost
of the project under the Federal program.
(2) Federal share.--The Federal share of the costs of a
project described in paragraph (1) shall be 100 percent.
(l) Applicability of Debt Collection Requirements.--Section
3716 of title 31, United States Code, shall not apply to any
payment under this title.
(m) Indian Compensation.--Notwithstanding any other
provision of law, in the case of an Indian tribe, a tribal
entity, or a member of an Indian tribe that submits a claim
under this title--
(1) the Bureau of Indian Affairs shall have no authority
over, or any trust obligation regarding, any aspect of the
submission of, or any payment received for, the claim;
(2) the Indian tribe, tribal entity, or member of an Indian
tribe shall be entitled to proceed under this title in the
same manner and to the same extent as any other injured
person; and
(3) except with respect to land damaged by the Cerro Grande
fire that is the subject of the claim, the Bureau of Indian
Affairs shall have no responsibility to restore land damaged
by the Cerro Grande fire.
(n) Report.--Not later than 1 year after the date of
promulgation of regulations under subsection (f)(1), and
annually thereafter, the Director shall submit to Congress a
report that describes the claims submitted under this title
during the year preceding the date of submission of the
report, including, for each claim--
(1) the amount claimed;
(2) a brief description of the nature of the claim;
(3) the status or disposition of the claim, including the
amount of any payment under this title; and
(4) the Comptroller General shall conduct an annual audit
on the payment of all claims made under this title and shall
report to the Congress on the results of this audit beginning
not later than the expiration of the 1-year period beginning
on the date of the enactment of this Act. This report shall
include a review of all subrogation claims for which
insurance companies have been paid or are seeking payment as
subrogees under this title.
(o) Authorization of Appropriations.--
(1) In general.--Notwithstanding any other provision of
law, there are authorized to be appropriated such sums as are
necessary to carry out this Act, to remain available until
expended.
(2) FEMA funds.--None of the funds provided to the Federal
Emergency Management Agency for the administration of
disaster relief shall be used to carry out this Act.
SEC. 105. APPROPRIATION OF FUNDS.
(a) Cerro Grande Fire Assistance Claims Office.--
(1) In general.--There is appropriated for the Office for
administration of the compensation process under this title
up to $45,000,000, to remain available until expended.
(2) Emergency requirement.--The entire amount made
available under subparagraph (A)--
(A) shall be available only to the extent that the
President submits to Congress an official budget request for
up to $45,000,000 that includes designation of the entire
amount of the request as an emergency requirement for the
purposes of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900 et seq.); and
(B) is designated by Congress as an emergency requirement
under section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)).
(b) Cerro Grande Fire Assistance.--
(1) In general.--There is appropriated for the payment of
claims in accordance with this title up to $455,000,000, to
remain available until expended.
(2) Emergency requirement.--The entire amount made
available under subparagraph (A)--
(A) shall be available only to the extent that the
President submits to Congress an official budget request for
up to $455,000,000 that includes designation of the entire
amount of the request as an emergency requirement for the
purposes of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900 et seq.); and
(B) is designated by Congress as an emergency requirement
under section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)).
SEC. 106. PERIOD OF EFFECTIVENESS.
This title shall apply on and after the date of the
enactment of this Act, without regard to any fiscal year.
TITLE II--CERRO GRANDE FIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
Farm Service Agency
emergency conservation program
For an additional amount for ``Emergency Conservation
Program'', $10,000,000: Provided, That notwithstanding any
other provision of law, these funds shall be available to
rehabilitate farmland damaged from fires which resulted from
prescribed burnings conducted by the Federal Government which
subsequently resulted in unintended damage to farmlands
and other lands: Provided further, That requirements for
cost-sharing by landowners shall not apply to funds
provided pursuant to this section: Provided further, That
the entire amount shall be available only to the extent
that an official budget request for $10,000,000, that
includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Natural Resources Conservation Service
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ``Watershed and Flood
Prevention Operations'', for the Emergency Watershed
Protection Program, to repair damages to the waterways and
watersheds resulting from fires which resulted from
prescribed burnings conducted by the Federal Government, and
other natural occurrences, $4,000,000, to remain available
until expended: Provided, That requirements for cost-sharing
by project sponsors shall not apply to funds provided under
this provision: Provided further, That the entire amount
shall be available only to the extent an official budget
request for $4,000,000, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
Cerro Grande Fire Activities
For necessary expenses to remediate damaged Department of
Energy facilities and for other expenses associated with the
Cerro Grande fire, $138,000,000, to remain available until
expended: Provided, That the entire amount shall be available
only to the extent an official budget request for
$138,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Operation of Indian Programs
For an additional amount for ``Operation of Indian
Programs'', $8,982,000, to remain available until expended,
for emergency restoration, rehabilitation, and reforestation
of tribal lands and facilities of the Pueblo of Santa Clara
and the Pueblo of San Ildefonso damaged by the Cerro Grande
Fire in New Mexico: Provided, That the entire amount shall be
available only to the extent an official budget request for
$8,982,000, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
GENERAL PROVISION--THIS TITLE
Sec. 2101. The Secretary of the Interior shall allow
enrolled members of the Pueblo of San Ildefonso and the
Pueblo of Santa Clara to collect plants, including the parts
or products thereof, and mineral resources within the
Bandelier National Monument for traditional and cultural
uses. All collection activity, except quantity limitations in
current regulations of the National Park Service, shall be
consistent with applicable laws, and shall be subject to such
conditions as the Secretary deems necessary to protect the
resources and values of the Monument.
This division may be cited as the ``Cerro Grande Fire
Supplemental''.
And the Senate agree to the same.
For the consideration of the House bill and Division A of the
Senate amendment, and modifications committed to conference:
David L. Hobson,
John Edward Porter,
Todd Tiahrt,
James T. Walsh,
Dan Miller,
Robert B. Aderholt,
Kay Granger,
Virgil Goode, Jr.,
C.W. Bill Young,
John W. Olver,
Chet Edwards,
[[Page H5482]]
Sam Farr,
Allen Boyd,
Norman D. Dicks,
David Obey,
For the consideration of Division B of the Senate amendment
and modifications committed to conference:
C.W. Bill Young,
Ralph Regula,
Jerry Lewis,
Harold Rogers,
Joe Skeen,
Sonny Callahan,
David Obey,
John Murtha,
Managers on the Part of the House.
Conrad Burns,
Kay Bailey Hutchison,
Larry Craig,
Jon Kyl,
Ted Stevens,
Patty Murray,
Harry Reid,
Daniel K. Inouye,
Robert C. Byrd,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 4425) 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, submit the following joint statement to the House
and the Senate in explanation of the effects of the action
agreed upon by the managers and recommended in the
accompanying conference report.
This conference report includes fiscal year 2000
supplemental appropriations, as included in the Senate
amendment, in addition to military construction
appropriations for fiscal year 2001. The conference report is
organized with Division A containing fiscal year 2001
military construction appropriations, Division B containing
fiscal year 2000 supplemental appropriations, and Division C
containing fiscal year 2000 supplemental appropriations and
authorization for Cerro Grande Fire recovery activities
necessitated by this devastating fire that occurred recently
near Los Alamos, New Mexico.
This conference agreement addresses some activities that
were not technically in conference. The House had passed H.R.
3908 that included its version of supplemental
appropriations. The Senate reported S. 2536, which included
several other supplemental appropriations in addition to the
ones included in the amendment to this bill. The Senate also
has taken action on S. 2522, which includes additional
supplemental appropriations. The conferees have attempted to
address many of the fiscal year 2000 supplemental
appropriations in this conference.
DIVISION A--FISCAL YEAR 2001 MILITARY CONSTRUCTION APPROPRIATIONS
Items of General Interest
Matters Addressed by Only One Committee.--The language and
allocations set forth in House Report 106-614 and Senate
Report 106-290 should be complied with unless specifically
addressed to the contrary in the conference report and
statement of the managers. Report language included by the
House which is not changed by the report of the Senate or the
conference, and Senate report language which is not changed
by the conference is approved by the committee of conference.
The statement of the managers, while repeating some report
language for emphasis, does not intend to negate the language
referred to above unless expressly provided herein. In cases
in which the House or the Senate has directed the submission
of a report from the Department of Defense, such report is to
be submitted to both House and Senate Committees on
Appropriations.
Contingency Funding.--The Department of Defense requested
no contingency funding for military construction and family
housing projects in the fiscal year 2001 budget request. The
conferees believe that some level of contingency funding is
essential for the efficient and cost-effective completion of
these projects. If the Department loses this funding
flexibility, it will be incapable of supporting requirements
generated by unforeseen needs, such as environmental and
regulatory requirements, unanticipated subsurface conditions
and changes in bid climate. As a result, the conferees direct
the Department to include 5 percent contingency funding when
requesting construction funds in the fiscal year 2002 budget
submission and for future year projects.
Financial Management.--The conferees agree that the
rescission of funds included in the conference agreement are
based on large prior year unobligated balances and such
factors as savings through favorable bids, reduced overhead
costs, downsizing or cancellation due to force structure
changes (if any), other administrative cost reduction
initiatives, revised economic assumptions, and inflation re-
estimates. The conferees direct that no project for which
funds were previously appropriated, or for which funds are
appropriated in this bill, may be canceled as a result of the
reductions included in the conference agreement.
Foreign Currency Fluctuations, Construction, Defense.--Due
to the U.S. dollar significantly improving over prior fiscal
years and for other reasons, the amounts available in the
``Foreign Currency Fluctuations, Construction, Defense''
account exceed those necessary to eliminate losses due to
unfavorable fluctuations in foreign currency exchange rates.
Accordingly, the conferees include a provision (Section 132)
which rescinds $83,000,000 from this account. The conferees
also include a total reduction of $43,852,000 to the
following appropriations because the U.S. dollar has
significantly improved against most foreign currencies than
the Department of Defense predicted when it submitted its
fiscal year 2001 budget:
Account Amount
Military Construction, Army...................................-$635,000
Military Construction, Navy..................................-2,889,000
Military Construction, Defense-Wide..........................-7,115,000
Family Housing, Army........................................-19,911,000
Family Housing, Navy and Marine Corps........................-1,071,000
Family Housing, Air Force...................................-12,231,000
________________
Total.................................................-43,852,000
Joint Use Facilities.--The conferees support joint use of
facilities between the various components of the Defense
Department. Joint use facilities can optimize
military construction and operation and maintenance funds
while enhancing joint training and the total force
concept. Beginning with the fiscal year 2003 budget
submission, the conferees direct that any Form 1390/1391,
which is presented as justification material, shall
include certification by the originating installation
commander. The certification will include information that
the project has been considered and reviewed for joint use
potential, a recommendation for either joint use or
unilateral construction, and the reasons(s) for that
recommendation if joint use is not recommended. This
certification is to be reviewed by the Under Secretary of
Defense (Comptroller) during the budget review to ensure
impartial review.
Proposed Financing of Current Year Programs Via Prior Year
Savings.--The budget request for fiscal year 2001 proposed
partial financing of current year programs via prior year
savings, as follows:
----------------------------------------------------------------------------------------------------------------
Account/Location Project description Authorization Appropriation
----------------------------------------------------------------------------------------------------------------
Military Construction, Navy:
District of Columbia: Naval Research Lab... Nano-Science Research Facility... $12,390,000 0
Texas: Kingsville Naval Air Station........ Aircraft Parking Apron........... 2,670,000 0
North Carolina: Camp Lejuene MCB........... Armories......................... 14,000,000 $10,000,000
Italy: Sigonella Naval Air Station......... Community Facilities............. 32,969,000 32,029,000
-----------------------------
Total.................................... ................................. 62,029,000 42,029,000
----------------------------------------------------------------------------------------------------------------
If program execution has resulted in identifiable prior
year savings within individual projects, the correct
financing method is to detail such savings and to request
rescissions of funds by account and by fiscal year. The
conferees direct the Under Secretary of Defense (Comptroller)
to follow the conventional rescission procedure in future
budget submissions.
Quadrennial Defense Review.--The conferees are concerned
with the Defense Department's declining investments in the
construction, replacement, and revitalization of facilities.
Therefore, the conferees strongly support the language
included in House Report 106-614 on the Quadrennial Defense
Review. The conferees expect the Congressionally mandated
Quadrennial Defense Review to include a thorough review of
the Defense Department's basing capacity, outsourcing
strategy, and military construction requirements and related
facilities restoration and modernization programs.
Real Property Maintenance: Reporting Requirement.--The
conferees agree to the following general rules for repairing
a facility under Operation and Maintenance funding:
Components of the facility may be repaired by replacement,
and such replacement can be up to current standards or code.
Interior arrangements and restorations may be included as
repair, but additions, new facilities, and functional
conversions must be performed as military construction
projects.
Such projects may be done concurrent with repair projects,
as long as the final conjunctively funded project is a
complete and usable facility.
The appropriate Service Secretary shall submit a 21-day
notification prior to carrying out any repair project with an
estimated cost in excess of $7,500,000.
Reprogramming Criteria.--The conferees believe there is a
need to clarify the rules for military construction and
family housing reprogrammings. A project or account
(including the sub-elements of an account)
[[Page H5483]]
which has been specifically reduced by the Congress in acting
on the appropriation request is considered to be a
congressional interest item. A prior approval reprogramming
is required for any increase to an item that has been
specifically reduced by the Congress. Consequently, there can
be no below threshold reprogrammings to an item specifically
reduced by the Congress.
Furthermore, in instances here a prior approval
reprogramming request for a project or account has been
approved becomes the new base for any future increase or
decrease via a below threshold reprogramming (provided that
the project or account is not a congressional interest item).
Alkali Silica Reactivity.--The conferees continue to be
concerned about the effects of Alkali Silica Reactivity (ASR)
on Department of Defense concrete facilities including
aprons, taxiways, runways and tarmacs. The conferees direct
the Under Secretary of Defense for Acquisition, Technology
and Logistics to assess the overall condition of Department
of Defense facilities and infrastructure with respect to ASR.
This review should also address the Department's long-term
strategy and recommendations to manage this issue. These
findings should be provided to the congressional defense
committees not later than May 1, 2001.
military construction, army
The conference agreement appropriates $909,245,000 for
Military Construction, Army, instead of $869,950,000 as
proposed by the House, and $823,503,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$109,306,000 for study, planning, design, architect and
engineer services, and host nation support instead of
$99,961,000 as proposed by the House and $84,706,000 as
proposed by the Senate.
Kansas--Fort Leavenworth: Bell Hall.--The conferees note
the deteriorating condition of Bell Hall, the central
academic and instructional facility of the Army's Command and
General Staff College. The cost to maintain the current
physical plant is no longer cost effective and its
communications capabilities are significantly constrained.
The conferees encourage the Army to include this replacement
in the fiscal year 2002 budget submission.
New York--U.S. Military Academy: Multimedia Learning
Centers.--Within funds provided for unspecified minor
construction, the conferees direct the Army to execute a
project in the amount of $500,000 to provide Multimedia
Learning Centers at the United States Military Academy in New
York.
Pennsylvania--Letterkenny Army Depot: Missile Igloo
Modifications.--Of the additional funding provided for
planning and design, the conferees direct that not less than
$112,000 be made available for the design of this facility.
Virginia--Fort Belvoir: Potomac Heritage National Scenic
Trail.--Within the additional funds provided for unspecified
minor construction, the conferees direct the Army to provide
not less than $500,000 for the multi-use trail system at Fort
Belvoir in Virginia.
Washington-Fort Lewis: Vancouver Barracks.--Within the
additional funds provided for unspecified minor construction,
the conferees direct the Army to provide not less than
$1,500,000 for the protection of historic facilities at the
Vancouver Barracks at Fort Lewis in Washington.
military construction, navy
The conference agreement appropriates $928,273,000 for
Military Construction, Navy, instead of $891,380,000 as
proposed by the House, and $828,278,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$73,335,000 for study, planning, design, architect and
engineer services instead of $67,502,000 as proposed by
the House and $71,000,000 as proposed by the Senate.
California--North Island Naval Air Station: Transportation
Infrastructure.--The conferees do not expect the Navy to
begin design of a project to alleviate traffic flow problems
at North Island Naval Air Station. The scope of the project
is far reaching and involves traffic considerations that fall
beyond the Navy mission. Therefore, planning and design funds
are not the proper source of funds to determine the project
requirements (10 U.S.C. 2807).
military construction, Air Force
The conference agreement appropriates $870,208,000 for
Military Construction, Air Force, instead of $703,903,00 as
proposed by the House, and $777,793,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$74,628,000 for study, planning, design, architect and
engineer services instead of $56,949,000 as proposed by the
House and $69,337,000 as proposed by the Senate.
Air Force Electronic Warfare Evaluation Simulator.--The
conferees are aware of an Air Force effort to develop a plan
to relocate the Air Force Electronic Warfare Evaluation
Simulator (AFEWES) from Air Force Plant 4 to the Air Force
Flight Test Center. Government studies, including the 1995
Base Realignment and Closure Commission and a 1997 GAO
report, all highlight the absence of cost/capability
rationale to justify such a relocation. For these reasons,
and to ensure that prudent future expenditure of military
construction funds, the conferees encourage the Air Force to
include a comprehensive cost/benefit analysis and standard
return on investment criteria in the relocation study now
being performed. Because AFEWES specialized test capabilities
are a vital element of our national defense posture, study
findings should also demonstrate the technical and cost
merits of relocation to the Air Force Flight Test Center. The
Secretary of the Air Force is to review this matter and
report to the House and Senate Appropriations Committees no
later than February 28, 2001.
Delaware--Dover AFB: Control Tower.--The conferees note
that the control tower at Dover AFB is antiquated,
inadequately sited, and lacks modern air traffic control
equipment. Given the activity level and mission critical
nature of this base, the project appears to be an excellent
candidate for the President's fiscal year 2002 budget.
Accordingly, the conferees urge the Secretary of the Air
Force to review this project, and to expedite its advancement
into the fiscal year 2002 budget.
military construction, defense-wide
The conference agreement appropriates $814,647,000 for
Military Construction, Defense-wide, instead of $800,314,000
as proposed by the House, and $801,098,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$77,505,000 for study, planning, design, architect and
engineer services as proposed by the House instead of
$163,700,000 as proposed by the Senate.
Chemical Demilitarization Program.--The budget request
proposes funding the construction of chemical weapon
demilitarization facilities under the ``Military
Construction, Army'' account. As in prior years, the
conferees recommend that this funding be appropriated under
the ``Military Construction, Defense-wide'' account, in order
to facilitate the tracking of expenses for the Chemical
Demilitarization Program, and to avoid distorting the size of
the Army's military construction program.
The conference agreement provides $175,400,000 for the
chemical demilitarization program to fully fund all requested
projects for fiscal year 2001. However, the conferees
continue to be concerned over the extremely slow obligation
and expenditures rates for the program due to significant
delays at most of the sites that are currently being
constructed. Therefore, the conferees include a general
reduction of $20,000,000 against the entire program.
Department of Defense Education Activity (DODEA).--The
conferees strongly support DODEA initiatives to increase the
half-day kindergarten program to full day in overseas schools
and reduce class size in grades 1-3 to an average of 18
students to 1 teacher. These educational initiatives are
valued and supported by the military community as a critical
element of its quality of life and readiness. Because these
initiatives require substantial funding to modernize school
facilities, the conference agreement provides an additional
$11,852,000 for the DODEA military construction program.
Additional funding is provided for the following projects:
----------------------------------------------------------------------------------------------------------------
Location Project title Request Recommendation
----------------------------------------------------------------------------------------------------------------
Germany: Hanau................................. Elementary School Classroom $1,026,000 $2,030,000
Addition.
Germany: Schweinfurt........................... Elementary School Classroom 1,444,000 1,750,000
Addition.
Germany: Wuerzburg............................. Elementary School Classroom 1,798,000 2,635,000
Addition.
Italy: Signonella.............................. Elementary/High School Classroom 971,000 3,450,000
Addition.
Korea: Osan.................................... Elementary School Classroom ............ 892,000
Addition.
Korea: Seoul................................... Elementary School Classroom ............ 2,451,000
Addition.
Korea: Taegu................................... Elementary School Classroom ............ 806,000
Addition.
United Kingdom: RAF Feltwell................... Elementary School Classroom 1,287,000 1,800,000
Addition.
United Kingdom: RAF Lakenheath................. Elementary School Classroom 3,086,000 5,650,000
Addition.
-----------------------------
Total........................................ ................................. 9,612,000 21,464,000
----------------------------------------------------------------------------------------------------------------
Military Construction, Army National Guard
The conference agreement appropriates $281,717,000 for
military Construction, Army National Guard, instead of
$137,603,000 as proposed by the House, and $233,675,000 as
proposed by the Senate.
California-Bakersfield: Readiness Center.--Of the
additional funding provided for planning and design, the
conferees direct that not less than $500,000 be made
available for the design of this facility.
California-Los Alamitos: Joint Headquarters Building.--
House Report 106-614 included language directing the Army
Reserve to accelerate the design of this facility and include
the required construction funding in its fiscal year 2002
budget request. The Army National Guard should be the lead
proponent for the facility. Therefore, the conferees direct
the Army National Guard to accelerate
[[Page H5484]]
the design of the Joint Headquarters Building in Los
Alamitos, California and to include the required construction
funding in its fiscal year 2002 budget request.
California-National Guard Facilities.--The Army National
Guard requested nine location changes to the budget
submission for the state of California. The changes will
provide a more centralized vehicle maintenance management
system. After design of the budgeted projects began, the Army
National Guard realized the existing locations were
unsuitable and further facility investment would prove
unwise. Accordingly, the conferees recommend the following
location changes:
(1) The project titles budgeted for Bakersfield, Escondido,
Richmond, San Jose, San Mateo, and Santa Barbara are moved to
Camp Parks.
(2) The project titles budgeted for Colton, Fresno, and Los
Alamitos are moved to Fresno.
Iowa-Fairfield: Readiness Center Addition.--Within the
additional funds provided for unspecified minor construction,
the conferees direct the Army National Guard to provide not
less than $1,066,000 for an addition to the readiness center
at Fairfield, Iowa.
Missouri--Fort Leonard Wood: Army Aviation Support
Center.--In the Senate report 106-290, the Army Aviation
Support Center at Fort Leonard Wood was incorrectly
identified as an unspecified minor construction project. This
project should be executed with funds made available for
planning and design.
Nevada--Carson City: Readiness Center.--The conferees are
concerned that the cost of the Readness Center in Carson
City, Nevada has increased due to changes in criteria
directed by the National Guard Bureau. Funding for this
project was appropriated in fiscal year 1999. The conferees
direct the National Guard Bureau to ensure that adequate
additional funding is provided to the Nevada National Guard
to complete this project.
Oregon--Eugene: Armed Forces Reserve Center Complex.--The
number one priority for the Oregon National Guard is to
replace a 66-year-old facility in Eugene which is considered
undersized by Naval Reserve/Marine Corps standards. The
buildings have deteriorated extensively and are substandard
with respect to size and level of serviceability of the
building. The consolidation will provide savings of about
$1,400,000 in direct construction costs and will reduce the
operations and maintenance burden by at least 20 percent
annually. The conferees encourage the National Guard to
complete the design and to include this project in its fiscal
year 2002 budget request.
Military Construction, Air National Guard
The conference agreement appropriates $203,829,000 for
Military Construction, Air National Guard, instead of
$110,585,000 as proposed by the House, and $183,029,000 as
proposed by the Senate.
Connecticut--Orange Air National Guard Station: Air Control
Squadron Complex.--Although the conferees were unable to fund
this project due to funding constraints, the conferees
strongly urge the Air National Guard to include this project
in its fiscal year 2002 budget submission.
Military Construction, Army Reserve
The conference agreement appropriates $108,738,000 for
Military Construction, Army Reserve, instead of $115,854,000
as proposed by the House, and $99,888,000 as proposed by the
Senate.
New Jersey--Fort Dix: Barracks.--Of the $11,900,000
provided for planning and design within the ``Army Reserve''
amount, the conferees direct that not less than $900,000 be
made available for the design of this facility.
Utah--S.A. Douglas Armed Forces Reserve Center: Parking and
Site Improvements.--The conferees direct the Army Reserve to
execute a project to provide parking and site improvements at
the S.A. Douglas Armed Forces Reserve Center in Utah using
funds available for unspecified minor construction. The
estimated cost of this project is $700,000.
military construction, naval reserve
The conference agreement appropriates $64,473,000 for
Military Construction, Naval Reserve, instead of $53,004,000
as proposed by the House, and $38,532,000 as proposed by the
Senate.
Rescission of Funds.--The conferees rescind $2,400,000
appropriated under the ``Military Construction, Naval
Reserve'' account in the fiscal year 1998 Military
Construction Appropriations Act (Public Law 105-45). These
are funds which remain unobligated from the renovation of
Building 1900 at the Westover Air Force Reserve Base in
Massachusetts. The project was halted due to escalating costs
in connection with asbestos and other environmental problems.
military construction, air force reserve
The conference agreement appropriates $36,591,000 for
Military Construction, Air Force Reserve, instead of
$43,748,000 as proposed by the House, and $25,533,000 as
proposed by the Senate.
north atlantic treaty organization security investment program
The conference agreement appropriates $172,000,000 for the
North Atlantic Treaty Organization Security Investment
Program (NSIP), instead of $177,500,000 as proposed by the
House, and $175,000,000 as proposed by the Senate.
family housing, army
The conference agreement appropriates $235,956,000 for
Construction, Family Housing Army, instead of $198,505,000 as
proposed by the House and $221,106,000 as proposed by the
Senate.
The conference agreement appropriates $951,793,000 for
Operation and Maintenance, Family Housing, Army, instead of
$953,744,000 as proposed by the House and $958,364,000 as
proposed by the Senate.
The conference agreement appropriates a total of
$1,187,749,000 for Family Housing, Army, instead of
$1,152,249,000 as proposed by the House and $1,179,470,000 as
proposed by the Senate.
family housing, navy and marine corps
The conference agreement appropriates $418,155,000 for
Construction, Family Housing, Navy and Marine Corps, instead
of $419,584,000 as proposed by the House and $392,765,000 as
proposed by the Senate.
The conferees direct that the following projects are to be
accomplished within the increased amount provided for
construction improvements:
California--Camp Pendelton (98 units)........................$9,030,000
District of Columbia: 8th and I Marine Barracks (1 unit)........500,000
The conference agreement appropriates $881,567,000 for
Operation and Maintenance, Family Housing, Navy and Marine
Corps, as proposed by the Senate instead of $879,208,000 as
proposed by the House.
The conference agreement appropriates a total of
$1,299,722,000 for Family Housing, Navy and Marine Corps,
instead of $1,298,792,000 as proposed by the House and
$1,274,332,000 as proposed by the Senate.
California--Mission Trails Regional Park.--The conferees
include a new provision (Section 133) which amends Section
131 of the fiscal year 1988 Military Construction
Appropriations Act (Public Law 100-202). The new provision
allows the Secretary of the Navy to use proceeds from the
conveyance of real property in the Mission Trails Regional
Park area, for the acquisition of military family housing in
the San Diego area through the use of privatization
authorities contained in subchapter IV of chapter 169 of
title 10. In addition, the new provision permits the transfer
of proceeds into the Department of Defense Family Housing
Improvement Fund.
family housing, air force
The conference agreement appropriates $251,982,000 for
Construction, Family Housing, Air Force, instead of
$241,384,000 as proposed by the House and $227,242,000 as
proposed by the Senate.
The conference agreement appropriates $820,879,000 for
Operation and Maintenance, Family Housing, Air Force, as
proposed by the House and Senate.
The conference agreement appropriates a total of
$1,072,861,000 for Family Housing, Air Force, instead of
$1,062,263,000 as proposed by the House and $1,048,121,000 as
proposed by the Senate.
family housing, defense-wide
The conference agreement appropriates $44,886,000 for
Construction, Family Housing, Defense-wide, as proposed by
the House and Senate.
department of defense family improvement fund
The conference agreement provides no appropriation for the
Department of Defense Family Housing Improvement Fund, as
proposed by the House and Senate. Transfer authority is
provided for the execution of any qualifying project under
privatization authority, which resides in the Fund.
Contractor Support for Family Housing Privatization.--The
conferees are concerned about the Army spending excessive
amounts on contractor support to evaluate and develop family
housing privatization proposals. Therefore, the Deputy
Under Secretary of Defense (Installations) is to review
quarterly, and report to the appropriate Committees of
Congress, the expenses of each component to ensure
excessive amounts are not being spent on contractor
support.
In the future, amounts appropriated into the Family Housing
Improvement Fund will be the sole source of funds to finance
the operation of the former Housing Revitalization Support
Office. It is the conferees' intent that Family Housing funds
will be the sole source of funds to develop, evaluate, and
oversee privatization deals. The conferees direct the Under
Secretary of Defense (Comptroller) to determine if these
funds are best appropriated out of Family Housing Operation
and Maintenance or Family Housing Planning and Design and to
provide consistency among the Services in the fiscal year
2002 budget submission. In addition, these funds will be
separately identified and justified as a sub-element account.
This sub-element is considered a congressional interest item
and may not be increased from the amount enacted without the
prior approval of the Committees on Appropriations.
Reporting Requirements.--The conferees are concerned that
the 21-day period of review prior to entering a privatization
contract is too limited, and is extending this review period
to a 45-day period. The Service Secretary concerned may not
enter into any contract until after the end of the 45-day
period beginning on the date the Secretary concerned submits
written notice of the nature and terms of the contract to the
appropriate committees of Congress.
To clarify existing reporting requirements, this 45-day
notification requirement applies to any project, regardless
of whether it is financed entirely by transfer of funds into
the Family Housing Improvement Fund, or it is fully financed
within funds available in the
[[Page H5485]]
Family Housing Improvement Fund, or it is funded by combining
transferred funds with funds available in the Family Housing
Improvement Fund.
In addition, no transfer of appropriated funds into the
account may take place until after the end of the 45-day
period beginning on the date the Secretary of Defense submits
written notice and justification for the transfer to the
appropriate committees of Congress. The House and Senate
Appropriations Committees expect to receive prior
notification of all such transfers of funds.
The Department is to continue its quarterly reports on the
status of privatization projects.
base realignment and closure account, part iv
The conference agreement appropriates $1,024,369,000 for
the Base Realignment and Closure Account, Part IV, instead of
$1,174,369,000 as proposed by the House and Senate.
Unliquidated Obligations.--The conferees recommend a
reduction of $150,000,000 to the Base Realignment and Closure
Account, Part IV. This reduction is based on slow budget
execution and large amounts of unliquidated obligations. At
the time the fiscal year 2001 budget estimate was being
developed, the department had $1,600,000,000 in reported
unliquidated obligations in the Base Realignment and Closure
account. Of this amount, $115,000,000 was appropriated prior
to fiscal year 1995. The majority of the unliquidated funds
resulted from environmental cleanup activities that were
carried out more slowly than planned or determined not to be
necessary.
California--Fort Ord: Thermochemical Conversion.--The
conferees are concerned about the environmental challenges
associated with the base closure re-use issues at Fort Ord in
California and the disposal of asbestos, PCB, impregnated
asbestos, lead-based paint and other hazardous construction
material. The conferees are aware of a cost-competitive
environmentally safe process that offers great potential for
addressing the unique problems at Fort Ord. This
thermochemical conversion process, which changes asbestos and
other construction material to a non-hazardous mineral, has
been demonstrated by the Department of Energy, validated by
the Navy at the Puget Sound Naval Shipyard in Washington and
approved by the Environmental Protection Agency. Accordingly,
the conferees direct the Department of the Army to develop
and operate a thermochemical conversion pilot plant at Fort
Ord for remediation of hazardous material generated by the
activities of the Fort Ord Re-use Authority.
Construction Projects: Administrative Provision.--The
conferees agree that any transfer of funds which exceeds
reprogramming thresholds for any construction project
financed by any Base Realignment and Closure Account shall be
subject to a 21-day notification to the Committees, and shall
not be subject to reprogramming procedure.
general provisions
The conference agreement includes general provisions that were not
amended by either the House or Senate in their versions of the bill.
The conference agreement includes a provision, Section 121,
as proposed by the House, which prohibits the expenditure of
funds except in compliance with the Buy American Act. The
Senate bill contained no similar provision.
The conference agreement includes a provision, Section 122,
as proposed by the House, which states the Sense of the
Congress that recipients of equipment or products authorized
to be purchased with financial assistance provided in this
Division are to be notified that they must purchase American-
made equipment and products. The Senate bill contained no
similar provision.
The conference agreement includes a provision, Section 123,
as proposed by the House, permitting the transfer of funds
from Family Housing, Construction accounts to the DOD Family
Housing Improvement Fund. The Senate bill contained no
similar provision.
The conference agreement includes a provision renumbered
Section 124, as proposed by the House and the Senate, to
prohibit the use of funds in this Division to be obligated
for Partnership for Peace programs in the New Independent
States of the former Soviet Union.
The conference agreement includes a provision renumbered
Section 125, as proposed by the House and the Senate, which
requires the Secretary of Defense to notify Congressional
Committees sixty days prior to issuing a solicitation for a
contract with the private sector for military family housing.
The conference agreement includes a provision renumbered
Section 126, as proposed by the House and the Senate, which
provides transfer authority to the Homeowners Assistance
Program.
The conference agreement includes a provision, Section 127,
as proposed by the House, regarding funding for general
officers quarters and maintenance. The Senate bill contained
a similar provision.
The conference agreement includes a provision, Section 128,
as proposed by the House, regarding family housing master
plans. The Senate bill contained no similar provision.
The conference agreement includes a provision, renumbered
Section 129, as proposed by the Senate amended to reduce
previous Acts by $100,000,000. The House bill contained no
similar provision.
The conference agreement includes a provision, renumbered
Section 130, as proposed by the House which allows the
transfer of funds appropriated in Public Law 106-52 under the
heading ``Military Construction, Naval Reserve'' or
``Military Construction, Navy.'' The Senate bill contained a
similar provision.
The conference agreement includes a provision, renumbered
Section 131, as proposed by the Senate, which allows the Army
to accept funds from the Federal Highway Administration for a
military construction project involving a rail connector at
Fort Campbell in Kentucky. The House bill contained no
similar provision.
The conference agreement includes a provision, Section 132
which rescinds $83,000,000 from the ``Foreign Currency
Fluctuations, Construction, Defense'' account. The House and
Senate bill contained no similar provision.
The conference agreement includes a provision, Section 133,
which amends Section 131 of the Military Construction
Appropriations Act, 1988 (Public Law 100-202). The House and
Senate bill contained no similar provision.
The conference agreement includes a provision, Section 134,
amending the Woodrow Wilson Memorial Bridge Authority Act of
1995 (112 Stat. 160). The House and Senate bill contained no
similar provision.
The conference agreement includes a provision, Section 135,
authorizing the use of private donations for the purpose of
renovating the Marine Corps' historic residences. This
provision requires a thirty-day notification to the
appropriate committees of the Congress prior to the use of
such funds.
The conference agreement includes a provision, Section 136,
revising Section 8168 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79) to clarify
reporting requirements placed on the Department of the Air
Force. This provision was included in Division B of the
Senate bill. The House bill contained no similar provision.
The conference agreement includes a provision, Section 137,
providing further guidance to the Department of Defense
concerning planning and design impacting the Naval Submarine
Base, Bangor, Washington. This provision was included in
Division B of the Senate Bill. The House bill contained no
similar provision.
The conference agreement includes a provision, Section 138,
limiting appropriations for the Cadet Physical Development
Center at the Military Academy, West Point, New York to
$77,500,000. The conferees direct that any further
requirements be funded though private donations. The
Secretary of the Army is directed to notify the appropriate
committees of Congress thirty days prior to the use of
private donations for this project. The House and Senate
bills contained no similar provision.
The conference agreement includes a provision, Section 139,
requiring the Secretary of Defense to report on the
construction, security and operations of the Forward
Operating Locations (FOL's) in Manta, Ecuador, Aruba, Curacao
and El Salvador. The Senate bill contained a similar
provision in Division B. The House bill contained no similiar
provision.
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conference total--with comparisons
The total new budget (obligational) authority for the
fiscal year 2001 recommended by the Committee of Conference,
with comparisons to the fiscal year 2000 amount, the 2001
budget estimates, and the House and Senate bills for 2001
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2000........$8,374,000
Budget estimates of new (obligational) authority, fiscal year 8,033,908
House bill, fiscal year 2001..................................8,634,000
Senate bill, fiscal year 2001.................................8,634,000
Conference agreement, fiscal year 2001 8,833,908
Conference agreement compared with:
New budget (obligational) authority, fiscal year 2000........+459,908
Budget estimates of new (obligational) authority, fiscal year+800,000
House bill, fiscal year 2001.................................+199,908
Senate bill, fiscal year 2001................................+199,908
DIVISION B--FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS
Report language included by the House in the report
accompanying H.R. 3908 (H. Rept. 106-521) which is not
changed by the Senate in the report accompanying S. 2522 (S.
Rept. 106-291), and the report accompanying S. 2536 (S. Rept.
106-288), and Senate report language which is not changed by
the conference are approved by the committee of conference.
The statement of managers while repeating some report
language for emphasis, is not intended to negate the language
referred to above unless expressly provided herein.
TITLE I--KOSOVO AND OTHER NATIONAL SECURITY MATTERS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
Contingency Operations and Other Requested Funding
The President requested $2,190,800,000 in emergency
supplemental appropriations for the unfunded fiscal year 2000
costs of overseas contingency operations, damages sustained
at Department of Defense facilities resulting from natural
disasters, and other requirements. The conferees recommend
$2,291,626,000 in emergency supplemental appropriations to
meet these needs, as detailed by category and the applicable
appropriations accounts in the following table.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Natural Disaster Damage:
Operation and Maintenance, Army......................... 0 19,532 23,883 23,883
Operation and Maintenance, Navy......................... 0 20,565 20,565 20,565
Operation and Maintenance, Marine Corps................. 0 37,155 37,155 37,155
Operation and Maintenance, Air Force.................... 0 30,065 38,065 38,065
Operation and Maintenance, Defense-Wide................. 27,400 0 0 0
Operation and Maintenance, Army Reserve................. 0 2,174 2,174 2,174
Operation and Maintenance, Army National Guard.......... 0 2,851 2,851 2,851
Defense Health Program.................................. 0 3,533 3,533 3,533
---------------------------------------------------
Total................................................. 27,400 115,875 128,226 128,226
===================================================
Overseas Contingency Operations and other requirements:
Operation and Maintenance, Defense-Wide................. 40,000 40,000 40,000 40,000
Overseas Contingency Operations Transfer Fund........... 2,050,400 2,050,400 1,850,400 2,050,400
Aircraft Procurement, Air Force......................... 73,000 73,000 73,000 73,000
---------------------------------------------------
Total................................................. 2,163,400 2,163,400 1,963,400 2,163,400
===================================================
Grand Total........................................... 2,190,800 2,279,275 2,091,626 2,291,626
----------------------------------------------------------------------------------------------------------------
classified programs
In conjunction with the submission of the fiscal year 2001
budget request, the President requested fiscal year 2000
emergency supplemental appropriations for a number of
classified activities. In addition, on May 18, 2000, the
Director of the Office of Management and Budget forwarded to
the Congress a classified request regarding proposed fiscal
year 2000 funding adjustments in support of counter-terrorism
activities. The conferees' recommendations regarding these
requests are summarized in a classified annex to this
statement of managers.
shared reconnaissance pod (sharp)
The conferees agree with the House language concerning the
synthetic aperture radar (SAR) project within the SHARP
program. The conferees do not agree to the House language
regarding enhancements to the TARPS-CD system to meet future
fleet operational requirements.
General Provisions, This Chapter
The conferees agree to retain section 101, as proposed by
the House, which provides the Department of Defense authority
to pay service members Basic Allowance for Housing at the
rates in effect on December 31, 1999 during fiscal year 2000.
The conferees agree to retain section 102, as proposed by
the House, which provides $1,556,200,000 in emergency
appropriations for the ``Defense-Wide Working Capital Fund''
due to increases in the price of bulk fuel.
The conferees agree to retain and amend section 103, as
proposed by the House, and provide $90,000,000 in new
appropriations for tactical aviation shortfalls identified by
the Air Force during execution of the fiscal year 2000
budget. These funds are fully offset by rescissions in
section 123 of this chapter.
The conferees agree to retain and amend section 104, as
proposed by the House, and provide $163,700,000 in new
appropriations for procurement of M1A2 tank upgrades. This
amount includes $125,000,000 as recommended in the House-
passed bill and an additional $38,700,000 as proposed in DoD
reprogramming request FY 00-21PA. The reprogramming request
is hereby denied as it has been obviated by this Act. These
funds are fully offset by rescissions in section 123 of this
chapter.
The conferees agree to retain and amend section 105 and
106, as proposed by the House, and recommend $615,600,000 in
emergency appropriations and requisite legal authority to
cover unfunded requirements of the Defense Health Program,
including TRICARE claims for fiscal years 1998, 1999, and
2000. The conferees also agree to retain section 107, as
proposed by the Senate, which provides $695,900,000 in
emergency appropriations for additional unfunded requirements
of the Defense Health Program.
[In thousands of dollars]
------------------------------------------------------------------------
DHP funding House Senate Conference
------------------------------------------------------------------------
TRICARE:
Claims..................... 854.5 ........... 615.6
FY 98.................. (34.6) ........... (34.6)
FY 99.................. (55.7) ........... (55.7)
FY 00.................. (297.3) ........... (297.3)
FY 01.................. (238.9) ........... ............
Other Requirements..... (228.0) ........... (228.0)
Additional DHP Requirements.... 750.0 695.9 695.9
----------------------------------------
Total, Defense Health 1,604.5 695.9 1,311.5
Program.................
------------------------------------------------------------------------
The conferees continue to be concerned about violations of
the Department's financial regulations and potential
violations of the Anti-Deficiency Act in the administration
and execution of the TRICARE program. Therefore, the
conferees direct the DoD Inspector General, in coordination
with the General Accounting Office (GAO), to conduct an
investigation into the execution and administration of DHP
funds. The investigation should examine: possible violations
of the Anti-Deficiency Act; evasion of DoD financial
regulations; and the overall management of the TRICARE
program. The conferees further direct the Department to
provide a report to the congressional defense committees
within sixty days after the enactment of this Act regarding
the extent and scope of any violations of fiscal law or
departmental regulations.
The conferees agree to retain and amend section 108, as
proposed by the House, which provides $27,000,000 in
emergency appropriations for the Basic Allowance for Housing
program.
The conferees agree to retain and amend section 109, as
proposed by the House, which provides $357,288,000 in
emergency appropriations to address shortfalls in military
personnel, recruiting, advertising, and retention
[[Page H5519]]
programs. The conferees direct that of the amount provided in
this section, $73,826,000 in the military personnel accounts
and $80,062,000 in the operation and maintenance accounts
shall be immediately available for obligation to meet
requirements identified by the Under Secretary of Defense
(Comptroller) in his June 12, 2000 submission of DD Form
1415-1 to the congressional defense committees. The remaining
funds, shown below by appropriations account, shall be
withheld from obligation until 30 days following written
notification to the Committees on Appropriations regarding
the proposed specific distribution of funds by the
Department:
Military Personnel, Army....................................$71,000,000
Military Personnel, Navy.....................................23,500,000
Military Personnel, Marine Corps..............................4,000,000
Military Personnel, Air Force.................................7,500,000
Reserve Personnel, Army......................................12,400,000
National Guard Personnel, Army...............................12,000,000
Operation and Maintenance, Army..............................15,000,000
Operation and Maintenance, Marine Corps.......................8,100,000
Operation and Maintenance, Air Force..........................8,200,000
Operation and Maintenance, Army Reserve......................12,000,000
Operation and Maintenance, Navy Reserve.......................6,700,000
Operation and Maintenance, Marine Corps Reserve...............2,000,000
Operation and Maintenance, Air Force Reserve..................4,000,000
Operation and Maintenance, Army National Guard...............12,000,000
Operation and Maintenance, Air National Guard.................5,000,000
The conferees agree to retain and amend section 110, as
proposed by the House (and by the Senate in an appropriations
paragraph), which provides $220,000,000 in emergency
appropriations for ``Operation and Maintenance, Navy'', only
for the unfunded backlog of ship depot maintenance that has
emerged in execution of the fiscal year 2000 ship depot
maintenance program.
The conferees agree to retain and amend section 111, as
proposed by the House, which provides $503,900,000 in
emergency appropriations to meet urgent, unfunded
requirements in support of deployed forces, as follows:
[In thousands of dollars]
Operation and Maintenance, Navy (emergent costs in aircraft
operations and maintenance.....................................20,000
Operation and Maintenance, Air Force (emergent logistics support
shortfalls)....................................................41,900
Operation and Maintenance, Defense-Wide (classified).............10,000
Operation and Maintenance, Air National Guard (emergent DLR
shortage-Model Fly)............................................24,100
Aircraft Procurement, Army (Apache safety modifications).........25,000
Aircraft Procurement, Navy.......................................52,800
(CH-46 engine safety modifications: $27,000)
(EP-3 sensor improvements and modifications: 25,800)
Aircraft Procurement, Air Force.................................212,700
(U-2 aircraft sensor improvements and modifications: $111,600)
(U-2 trainer: 14,000)
(RC-135 Rivet Joint flight aircrew and mission trainers: 37,500)
(Compass Call mission crew trainer: 23,700)
(C-17 weapon system trainer: 14,900)
(C-17 maintenance system trainer: 11,000)
Other Procurement, Air Force (classified)........................41,400
Procurement, Defense-Wide (classified)...........................13,000
Research, Development, Test and Evaluation, Army (WARSIMS)........5,000
Research, Development, Test and Evaluation, Defense-Wide
(classified)...................................................58,000
The conferees agree to retain and amend section 112, as
proposed by the Senate, which provides $7,000,000 in new
appropriations for biometrics information assurance programs.
These funds are fully offset by rescissions in section 123 of
this chapter.
The conferees agree to retain and amend section 113, as
proposed by the Senate, which provides $125,000,000 in
emergency appropriations to meet unfunded requirements for
the Patriot missile program. Of this amount, not less than
$50,000,000 shall be available for the Patriot Reliability
Enhancement Program and $75,000,000 shall be made available
only for the Patriot Advanced Capability--3 (PAC-3) program.
The conferees believe that completing the full qualification
of the PAC-3 missile against air breathing targets is
essential. The conferees direct that the $75,000,000 provided
for the PAC-3 program may be transferred to the appropriate
account to complete testing against aircraft and cruise
missile targets, to maintain a robust countermeasure
capability, to improve the producibility of the missile, and
to purchase additional missiles.
The conferees agree to retain and amend section 114, as
proposed by the Senate, which appropriates $300,000 only for
the Walking Shield program. These funds are fully offset by
rescissions in section 123 of this chapter.
The conferees agree to retain and amend section 115, as
proposed by the Senate, which provides $61,500,000 in
emergency appropriations for operations in East Timor and
Mozambique.
The conferees agree to retain section 116, as proposed by
the Senate, which transfers previously-appropriated
``Operation and Maintenance, Defense-Wide'' funds for
environmental response actions.
The conferees agree to retain and amend section 117, as
proposed by the Senate, which provides $8,000,000 in new
appropriations in support of the 2002 Olympic and Paralympic
Winter Games. These funds are fully offset by rescissions in
section 123 of this chapter.
The conferees agree to retain and amend section 118, as
proposed by the Senate, which directs the Ballistic Missile
Defense Organization to notify the congressional defense
committees prior to issuing certain types of information or
proposal solicitation under the National Missile Defense
program.
The conferees agree to retain section 119, as proposed by
the Senate, regarding the disposition of a Navy drydock.
The conferees agree to retain section 120, as proposed by
the Senate, which amends United States Code concerning the
Challenge Youth Program.
The conferees to retain section 121, as proposed by the
Senate, regarding the use of DoD facilities as official
polling places.
The conferees agree to retain and amend section 122, as
proposed by the Senate, which amends Section 8114 of the
Department of Defense Appropriations Act, 1999 concerning the
Marine Corps aircraft accident near Cavalese, Italy, and
makes funding provided in that Act applicable to SOFA claims.
The conferees agree to a new general provision, section
123, which rescinds $286,611,000 of prior year
appropriations, comprised of programs whose obligational
authority will lapse at the end of the current fiscal year.
The specific programs and the amounts rescinded are as
follows:
------------------------------------------------------------------------
Fiscal year and account Program Amount
------------------------------------------------------------------------
1989--Shipbuilding and DDG-51 destroyer..... $9,100,000
Conversion, Navy.
1989--Shipbuilding and T-AO fleet oiler..... 6,645,000
Conversion, Navy.
1989--Shipbuilding and T-AGOS surveillance 3,420,000
Conversion, Navy. ship.
1989--Shipbuilding and Outfitting and Post 1,293,000
Conversion, Navy. Delivery.
1999--Research, Development, Test Darkstar UAV......... 7,000,000
and Evaluation, Air Force.
2000--Military Personnel, Army... Pay and Allowances of 98,700,000
Enlisted.
2000--Military Personnel, Navy... Pay and Allowances of 23,527,000
Officers.
2000--Military Personnel, Navy... Pay and Allowances of 25,600,000
Enlisted.
2000--Military Personnel, Air Pay and Allowances of 12,000,000
Force. Officers.
2000--Military Personnel, Air Pay and Allowances of 44,000,000
Force. Enlisted.
2000--Military Personnel, Air PCS Travel........... 26,000,000
Force.
2000--Reserve Personnel, Air Unit and Individual 4,500,000
Force. Training.
2000--National Guard Personnel, Unit and Individual 24,826,000
Army. Training.
---------------
Total...................... ..................... 286,611,000
------------------------------------------------------------------------
The conferees agree to retain section 124, as proposed by
the House and the Senate, which provides authorization for
certain intelligence related activities.
The conferees agree to retain section 125, as proposed by
the House and the Senate, which repeals sections 8175 and
8176 of the Fiscal Year 2000 Department of Defense
Appropriations Act (as amended by Public Law 106-113)
concerning prompt payments and progress payments.
The conferees agree to a new general provision, section
126, concerning the designation of emergency appropriations
in this chapter by the Congress and the President.
CHAPTER 2
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
general investigations
The conference agreement includes $1,500,000 for the Corps
of Engineers to conduct a study of the need for additional
flood protection in Princeville, North Carolina, and
$2,000,000 for the Corps of Engineers to
[[Page H5520]]
resume engineering and design of an outlet at Devils Lake,
North Dakota.
The entire amount has been designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
construction, general
The conferees have provided $3,000,000 to initiate
construction of the Johnson Creek, Arlington, Texas, project
substantially in accordance with the Interim Feasibility
Report dated March 1999. The entire amount has been
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
operation and maintenance, general
The conferees have included $200,000 to carry out dredging
of Saxon Harbor, Wisconsin, necessitated by low water levels
in the Great Lakes. The entire amount has been designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
The conference agreement includes $600,000 for the Lewis
and Clark Rural Water System project in South Dakota. The
entire amount has been designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF ENERGY
Atomic Energy Defense Activities
weapons activities
The conference agreement appropriates $96,500,000 for
Weapons Activities instead of $55,000,000 as proposed by the
House and $221,000,000 as proposed by the Senate. The entire
amount has been 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.
Production plants.--The conference agreement includes
$25,000,000 for the Y-12 Plant in Oak Ridge Tennessee;
$11,000,000 for the Kansas City Plant in Missouri; and
$7,500,000 for the Pantex Plant in Amarillo, Texas. This
funding will be used to address critical workforce and
required infrastructure improvements at the three production
facilities.
Weapons laboratories.--The conference agreement includes
$5,000,000 for the Los Alamos National Laboratory and
$14,000,000 for the Sandia National Laboratory to address
workforce issues and infrastructure improvements.
Transportation Safeguards Division.--The conference
agreement includes $10,000,000 for the Transportation
Safeguards Division for fleet upgrades.
Other weapons sites.--The conference agreement includes
$1,500,000 for the Savannah River Site for infrastructure
improvements and $2,500,000 for construction of the U1h shaft
to enhance worker safety at the Nevada Test Site.
Cyber Security.--The conference agreement includes
$20,000,000 for cyber security upgrades at the nuclear
weapons complex. The conferees direct the National Nuclear
Security Administration (NNSA) to perform planning, analysis,
testing and evaluation necessary to develop the highest value
alternatives for improving cyber security throughout the
nuclear weapons complex. The NNSA should submit to Congress
by January 15, 2001, a detailed plan with estimated costs and
schedules for a reasonable program that defends the highest
value targets.
Other Defense Activities
The conference agreement appropriates $38,000,000 for Other
Defense Activities instead of $63,000,000 as proposed by the
House and $12,000,000 as proposed by the Senate. The entire
amount has been designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balance
Budget and Emergency Deficit Control Act of 1985, as amended.
Highly Enriched UnranimBlend Down Project.--The conference
agreement includes statutory language proposed by the House
authorizing the Department to initiate design of the Highly
Enriched Uranium Blend Down Project at the Savannah River
Site.
Office of Security and Emergency Operations.--The
conference agreement provides $3,000,000 to support critical
staffing needs in the office of security and emergency
operations.
Cyber Security.--The conference agreement provides
$25,000,000 for cyber security needs under the direction of
the Chief Information Officer. Funding of $20,000,000 is to
address unclassified cyber security systems and security
needs in the corporate management information systems.
Funding of $5,000,000 has been provided for the Office of
Intelligence/Special Technologies Program to develop and
enhance unique capabilities and technologies within the
Department's laboratory complex for the protection and
exploitation of information and related infrastructure
systems for the Department and other critical, national-level
missions.
Environment, Safety and Health.--The conference agreement
includes $10,000,000 to accelerate projects which have been
initiated to address worker health and safety concerns at the
Paducah, Kentucky, and Portsmouth, Ohio, gaseous diffusion
plants.
energy programs
uranium enrichment decontamination and decommissioning fund
The conference agreement appropriates $58,000,000 for the
Uranium Enrichment Decontamination and Decommissioning Fund
as proposed by the Senate instead of $16,000,000 as proposed
by the House. The entire amount has been 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.
The conference agreement includes $16,000,000 as proposed
by the Administration to accelerate environmental cleanup at
the Paducah, Kentucky, and Portsmouth, Ohio, gaseous
diffusion plants.
The conference agreement includes $42,000,000 as proposed
by the Senate for reimbursements to uranium and thorium
licensees under Title X of the Energy Policy Act of 1992.
science
The conference agreement includes report language proposed
by the House directing the Department to develop a plan
outlining the cost, scope, and schedule for decontaminating
and decommissioning the High Flux Beam Reactor at the
Brookhaven National Laboratory in New York.
General Provisions--This Chapter
Corps of Engineers Reorganization.--The conference
agreement does not include language proposed by the Senate
regarding management reforms of the U.S. Army Corps of
Engineers. However, the conferees are extremely concerned
about the management reforms initially imposed upon the Corps
of Engineers in March of this year by the Secretary of the
Army and subsequently suspended due to lack of adequate and
appropriate coordination and consultation with the Congress.
It is the conferees' strong conviction and expectation that
any such management reforms, if yet contemplated by the
Administration, will have full benefit of consultation with
the Congress in developmental stages and prior to
implementation.
In recent months, actions by Administration officials, as
manifested by the proposed management reforms and other
public pronouncements, suggest premature conclusions and
findings may have been reached regarding as yet
unsubstantiated allegations of wrong-doing by Corps of
Engineers officials related to studies and initiatives for
maintaining and providing the Nation's water resources
infrastructure. Results of on-going investigations related to
these charges must be made available and considered before
any reforms are contemplated. Any actions carried out by the
Administration to change the existing management and
oversight structure and existing delegations and functions
involving the Corps of Engineers without prior and
satisfactory coordination with the Congress will not be
received favorably and may cause the Congress to revisit this
issue and undertake an appropriate response.
Waste Isolation Pilot Plan.--The conference agreement
includes statutory language proposed by the Senate providing
that funds in this or any other Act and hereafter may not be
used to pay on behalf of the United States or a contractor or
subcontractor of the United States for posting a bond or
fulfilling any other financial responsibility requirement
relating to the closure or post-closure care and monitoring
of the Waste Isolation Pilot Plant in New Mexico.
Central Arizona Project.--The conference agreement includes
a provision proposed by the Senate which states none of the
funds provided in this or any other Act may be used to
further reallocate Central Arizona Project water or to
prepare an Environmental Assessment, Environmental Impact
Statement, or Record of Decision providing for a reallocation
of Central Arizona Project water until Congress enacts
legislation authorizing and directing the Secretary of the
Interior to make allocations and enter into contracts for
delivery of Central Arizona Project water.
Congressional Direction.--The conference agreement includes
statutory language directing that funds provided in Public
Law 106-60 and prior Energy and Water Development
Appropriations Acts be made available for the specified
institutions and purposes.
Nuclear Regulatory Commission.--The conference agreement
includes statutory language proposed by the House providing
that no funds appropriated in fiscal year 2000 to the Nuclear
Regulatory Commission (NRC) may be used to relocate, or to
plan or prepare for the relocation of, the functions or
personnel of the Technical Training Center from its location
in Chattanooga, Tennessee. The conference agreement extends
the language to fiscal year 2001.
CHAPTER 3
Military Construction
General Provisions, This Chapter
Section 301. Recommends $19,048,000 as a contingent
emergency for military construction and family housing due to
storm related damage.
Section 302. Recommends $1,000,000 as a contingent
emergency for Military Construction, Defense-wide, to augment
the Corps of Engineers' planning and design work associated
with the National Missile Defense system.
[[Page H5521]]
Section 303. Provides $35,000,000 for the acquisition of
land at Blount Island, Florida and rescinds $35,000,000 of
funds provided in the Military Construction Appropriations
Act, 1996 (Public Law 104-32).
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
Coast Guard
The conference agreement provides $700,000,000 in
supplemental appropriations for the U.S. Coast Guard,
including $655,000,000 designated as contingent emergency
funding. The conference agreement requires a Presidential
declaration before any of the emergency funding is available
for obligation.
operating expenses
The conference agreement includes an emergency
appropriation of $77,000,000 for Coast Guard ``Operating
expenses'', instead of $264,446,000 as proposed by the Senate
and $37,000,000 as proposed by the House. The funds are made
available until September 30, 2001, and are only available
upon designation by the President of an emergency
requirement. The conference agreement allocates these funds
in the manner recommended by the Secretary of Transportation
and the Commandant of the Coast Guard, as shown below:
Activity Amount
Health care.................................................$18,000,000
Basic allowance for housing..................................15,000,000
Military pay..................................................5,000,000
Cost of living increases in high cost areas...................2,000,000
Recruiting/retention bonuses.................................15,000,000
Hurricane-damaged facilities..................................8,000,000
Operational fuel/unit level readiness........................13,000,000
Fixed wing aviator retention bonuses..........................1,000,000
________________
Total..................................................77,000,000
The conferees note that some of these funding requirements
relate to changed military personnel entitlements enacted in
the fiscal year 2000 National Defense Authorization Act. The
Coast Guard had adequate time to advise the Appropriations
Committees of these costs prior to conference on the fiscal
year 2000 Department of Transportation and Related Agencies
Appropriations Bill, and to include them in the fiscal year
2001 budget estimate. In the future, the conferees expect the
Coast Guard to ensure timely update of its budget estimates,
to avoid the need for supplemental appropriations.
acquisition, construction, and improvements
The conference agreement includes an emergency
appropriation of $578,000,000 for acquisition of Coast Guard
capital assets. The funding is to remain available until
expended and is to be distributed as follows:
Project Amount
C-130J long range maritime patrol aircraft.................$468,000,000
Great Lakes icebreaker replacement..........................110,000,000
________________
Total.................................................578,000,000
C-130 aircraft.--The conference agreement includes
$468,000,000, as proposed by the Senate, for acquisition of
six C-130J long-range maritime patrol aircraft as authorized
under section 812(b) of the Western Hemisphere Drug
Elimination Act (P.L. 105-277). These aircraft are capable of
defense requirements and other Coast Guard missions. The
conference agreement specifies that this acquisition shall
not influence the procurement strategy, program requirements,
or downselect decision pertaining to the Deepwater Capability
Replacement Project, as proposed by the Senate.
Great Lakes icebreaker replacement.--The conference
agreement includes $110,000,000 for the Great Lakes
icebreaker replacement. These funds will support the costs of
design, construction, inspection, validation, testing and
project administration associated with acquisition of a new
multi-purpose icebreaker to replace the USCGC Mackinaw. After
55 years of service, the Mackinaw has escalating operating
and maintenance costs and declining reliability, and is
scheduled to be decommissioned in 2006. New construction of a
vessel designed to perform heavy icebreaking and maintain
floating aids-to-navigation will expand the efficiency and
reliability of Coast Guard operations in the Great Lakes.
CHAPTER 5
General Provisions--This Title
Section 501. The conference agreement appropriates
$25,000,000 for the Agency for International Development,
``International Disaster Assistance'' for rehabilitation and
reconstruction assistance for Mozambique, Madagascar, and
southern Africa, to remain available until expended. 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 and shall be
available only to the extent an official budget request that
includes designation of the entire amount as an emergency
requirement is transmitted by the President to the Congress.
Section 502. The conference agreement appropriates
$50,000,000 for ``Assistance for Eastern Europe and the
Baltic States'' to remain available until September 30, 2001.
These funds shall only be available for assistance for
Montenegro and Croatia, and not to exceed $12,400,000 for
assistance for Kosovo for police activities. 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, and is
subject to the regular notification procedures of the
Committees on Appropriations.
TITLE II--NATURAL DISASTER ASSISTANCE AND OTHER SUPPLEMENTAL
APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
The conference agreement includes an additional $1,350,000
for implementation of the Livestock Mandatory Price Reporting
Act of 1999. This amount will offset additional costs to USDA
agencies to implement this Act. Unfunded agency requirements
include: $550,000 for the Economic Research Service; $200,000
for the Foreign Agricultural Service; $400,000 for the
National Agricultural Statistics Service; and $200,000 for
the Grain Inspection, Packers and Stockyards Administration.
Although the $4,700,000 in implementation funding sought by
the Administration for fiscal year 2000 was provided by
Public Law 106-113, these funds have not been distributed
among all agencies responsible for administration of this
Act.
The conferees note that language contained in Public Law
106-78 requires that the Department of Agriculture obtain
Congressional approval before funds for the common computing
environment can be spent. The conferees hereby approve those
funds for obligation.
Farm Service Agency
salaries and expenses
The conference agreement includes an additional
$77,560,000, to remain available until expended, as proposed
by the House, instead of $39,000,000 as proposed by the
Senate. Of this amount, $26,237,000 is to support temporary
staff; $12,865,000 is for Pigford consent decree expenses;
and $38,458,000 is for information technology expenses
requirements.
Rural Housing Service
rural housing insurance funds program account
The conference agreement includes an additional $15,872,000
in budget authority for an estimated loan level of
$40,000,000 for Section 515 rental housing, as proposed by
the House and Senate.
rental assistance program
The conference agreement includes an additional $13,600,000
for the Rental Assistance Program, as proposed by the House
and Senate.
General Provisions--This Chapter
Section 2101. The conference agreement includes language
that makes up to $81,000,000 of Commodity Credit Corporation
funds available to be used to forgive loans to producer-owned
associations or producers that suffered losses from natural
disasters, as proposed by the House and Senate.
Section 2102. The conference agreement provides authority
for the Secretary of Agriculture to use Commodity Credit
Corporation funds to offset the assessment on peanut
producers for losses from 1999, as proposed by the Senate.
CHAPTER 2
DEPARTMENT OF JUSTICE
Salaries and Expenses, United States Attorneys
The conference agreement includes $112,000,000, to remain
available until expended, as a contingent emergency
appropriation, to be divided equally between the States of
Texas, New Mexico, Arizona, and California to reimburse
county and municipal governments only for Federal costs
associated with the handling and processing of illegal
immigration and drug and alien smuggling cases. The use of
these funds is limited to court costs, courtroom technology,
the building of holding spaces, administrative expenses, and
indigent defense costs.
Drug Enforcement Administration
salaries and expenses
The conference agreement includes $181,000,000, to remain
available until expended, as a contingent emergency
appropriation, to be deposited into the Telecommunications
Carrier Compliance Fund for implementation of the
Communications Assistance for Law Enforcement Act (CALEA).
The conferees note that narcotics trafficking investigations
are increasingly dependent on the use of intercepted
communications, accounting for 72% of all court-authorized
electronic surveillance actions. As criminal organizations
utilize advanced technologies to elude law enforcement, U.S.
law enforcement's current drug intelligence and investigative
capabilities have been eroded. Therefore, the conference
agreement includes funding to implement CALEA to correct this
problem to ensure these capabilities are maintained in
accordance with current statutory requirements and deadlines.
Office of Justice Programs
justice assistance
The conference agreement includes $2,000,000, as a
contingent emergency appropriation, for grants to Indian
reservations
[[Page H5522]]
and counties with populations under 150,000 that are located
in Arizona and are adjacent to the United States-Mexico
border. Funds are to be allocated in proportion to the
population of each eligible county and Indian reservation.
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
The conference agreement includes $55,800,000, as an
emergency appropriation, to remain available until expended.
This amount provides for planning assistance, public works
grants, and capitalization of revolving loan funds to assist
in the recovery efforts of communities impacted by Hurricane
Floyd and other recent disasters. Of this amount, $30,000,000
is provided as a contingent emergency to be provided to
assist communities in New Jersey impacted by Hurricane Floyd.
The conferees direct EDA to submit a spending plan for the
amounts provided prior to the release of these funds.
National Oceanic and Atmospheric Administration
operations, research, and facilities
The conference agreement includes $30,700,000, as an
emergency appropriation, to remain available until expended,
of which $13,300,000 is provided as a contingent emergency
appropriation. Of this amount, $10,800,000 is provided as an
emergency appropriation to assist fishermen impacted by
Hurricanes Floyd, Dennis, George, and Mitch. In addition, a
total of $13,900,000 is included to provide relief from the
recent disaster in the Long Island Sound lobster fishery, of
which $7,300,000 is provided as a contingent emergency to be
divided equally between the States of New York and
Connecticut, not less than $3,650,000 for each State, for the
following purposes: (1) to pay compensation to individuals
for reductions in the number of lobsters caught in the Long
Island lobster fishery in the 1999 fishing season, as
compared to such catch in the 1998 fishing season as a result
of the lobster fishery disaster; (2) to provide direct
sustaining aid to fishermen; and (3) to provide assistance to
communities that are dependent on such fishery and have
suffered losses from such disaster. The remaining funds
provided for the Long Island Sound lobster fishery disaster
are available for research into the causes of the disaster.
The conferees expect NOAA to submit a spending plan prior to
release of these funds.
The conference agreement also includes $5,000,000 as a
contingent emergency to provide relief from disaster in the
West Coast groundfish fishery. The conferees expect that this
amount shall be divided between the States of California,
Oregon, and Washington in proportion to the impact of the
disaster in each State. The amounts provided to these States
shall be available for the following purposes: (1) to pay
compensation to individuals who have suffered a direct
negative impact from the West Coast groundfish fisheries
disaster, (2) to provide direct sustaining aid to such
fishermen, and (3) to provide assistance to communities that
are dependent on the West Coast groundfish fisheries and have
suffered losses from such disaster. The conferees direct NOAA
to submit a spending plan prior to the release of these
funds. The conference agreement also includes $1,000,000 as a
contingent emergency appropriation for repairs to the NOAA
hurricane reconnaissance aircraft.
DEPARTMENT OF STATE
International Commissions
american sections, international commissions
The conference agreement includes $2,150,000, to remain
available until expended, as a contingent emergency
appropriation under this account for International Joint
Commission activities related to levels and flows of Lake
Ontario and the St. Lawrence River.
other
United States Commission on International Religious Freedom
The conference agreement includes $2,000,000, to remain
available until expended, as a contingent emergency
appropriation for the activities of the Commission.
RELATED AGENCY
Small Business Administration
disaster loans program account
The conference agreement includes an additional $15,500,000
in emergency fiscal year 2000 subsidy appropriations for
disaster loans for recovery efforts related to Hurricane
Floyd, and other natural disasters.
The conference agreement also includes an additional
$25,400,000 in emergency fiscal year 2000 appropriations for
direct administrative expenses associated with disaster loan
making and servicing activities necessary to carry out the
disaster loan program related to Hurricane Floyd and other
natural disasters. The conference agreement includes language
prohibiting the use of funds for indirect administrative
expenses. The conferees note that this additional amount
results in a total appropriation of $141,400,000 for the
direct administrative costs of the fiscal year 2000 disaster
loan program.
Language is included designating the amounts provided as an
emergency requirement, and making these amounts available
only to the extent that an official budget request is
submitted requesting that these specific amounts be
designated as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
General Provisions--This Chapter
Section 2201. The conference agreement includes emergency
assistance for the Pribilof Island and East Aleutian area of
the Bering Sea crab fishery for payment of direct assistance
to Oregon, Washington, and Alaska fishermen. The conference
agreement includes $10,000,000 as a contingent emergency for
the following: (1) $7,000,000 to allow disaster assistance
payments to affected states; (2) $2,000,000 to determine the
cause of the fisheries disaster through a cooperative
research effort between the National Marine Fisheries Service
and the State of Alaska; and (3) $1,000,000 for the State of
Alaska to develop a plan to restore the crab population.
Section 2202. The conference agreement includes $10,000,000
as a contingent emergency appropriation for assistance for
the Northeast multispecies fishery failure to support a
voluntary fishing capacity reduction program.
Section 2203. The conference agreement includes $7,000,000
as a contingent emergency appropriation to study the long-
line interactions with sea turtles in the North Pacific and
commercial fishing activities in the Northwest Hawaiian
Islands, and provide observer coverage for the Hawaiian long-
line fishery.
Section 2204. The conference agreement amends Public Law
101-380, as amended, and inserts a new section 5007 to
provide $5,000,000 as a contingent emergency appropriation to
create a new North Pacific Marine Research Institute at the
Alaska SeaLife Center to be administered by the North Pacific
Research Board.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
The conference agreement provides $200,000,000 in emergency
funding for wildland fire management instead of $100,000,000
as proposed by the House and by the Senate. Of the amount
provided, $100,000,000 is contingent on receipt of a budget
request that includes a Presidential designation of the
amount requested as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
land acquisition
The conference agreement provides $2,000,000 in emergency
funding for land acquisition for the Douglas Tract along the
Potomac River in Southern Maryland. Approximately 1,000 acres
of undeveloped riverfront land is available from a willing
seller. This land is of significant historic value with
Native American and Civil War sites. Preservation of the land
will also help preserve wildlife habitat and unique wetland
areas. The President's budget request for fiscal year 2001
included $3,000,000 for this purchase. The entire amount is
contingent on receipt of a budget request that includes a
Presidential designation of the entire amount as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
The conference agreement provides $9,821,000 in emergency
funding for regulation and technology as proposed by the
Senate instead of no funding as proposed by the House. The
funds are for the surface mining regulatory program of the
State of West Virginia. The entire amount is contingent on
receipt of a budget request that includes a Presidential
designation of the entire amount as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
The managers are concerned that the State of West Virginia
lacks sufficient funding and staffing resources to regulate
the effects of surface coal mining operations within the
State pursuant to the Surface Mining Control and Reclamation
Act (SMCRA). Recent litigation and the commencement of a
formal review by the office of Surface Mining related to the
State's regulatory program demonstrate that unless additional
funds and provided immediately, a Federal takeover of these
responsibilities may be imminent. If a takeover occurs it
will increase the costs to the Federal Government for
regulating coal mining in West Virginia and cause major
disruptions on the ground. With the additional resources
provided in this Act, the State will have the capability to
administer an adequate regulatory program to enforce
environmental laws and have the necessary tools to perform
technical reviews of permit applications effectively and
efficiently.
Accordingly, the managers are providing a total of
$9,821,000 to the Office of Surface Mining Reclamation and
Enforcement to ensure that the State has adequate funds to
carry out its regulatory responsibilities under SMCRA. Of
this amount, $6,222,000 is for the Office of Surface Mining
to enter into a cooperative agreement with the West Virginia
Division of Environmental Protection to enhance program
capabilities, including developing a geospatial database to
ensure appropriate geologic and hydrologic sampling,
performing watershed modeling, and
[[Page H5523]]
other programmatic improvements to ensure the State is able
to meet its regulatory requirements under SMCRA.
A total of $3,599,000 is provided to address the West
Virginia Office's staffing deficiencies. These funds are
subject to the 50 percent matching requirement of section
705(a) of SMCRA. The managers note that West Virginia
operates its program with fewer staff and a smaller budget
than surrounding States with similar workloads. The
controversy over mountaintop removal mining has been a
catalyst for demonstrating weaknesses in the West Virginia
regulatory program.
THe managers appreciate that the Office of Surface Mining
and the State of West Virginia have worked together closely
to characterize the deficiencies in the State's regulatory
program. The managers expect this close cooperation to
continue as the parties address and resolve program
deficiencies. The managers direct the Office of Surface
Mining, in conjunction with the State, to keep the House and
Senate Committees on Appropriations apprised of the efforts
made to correct these problems in the State's regulatory
program.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
The conference agreement provides $2,000,000 in emergency
funding for the national forest system instead of $5,759,000
as proposed by the Senate and no funding as proposed by the
House. The funds are for storm damage repairs in National
Forests in Minnesota and Wisconsin. The entire amount is
contingent on receipt of a budget request that includes a
Presidential designation of the entire amount as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
wildland fire management
The conference agreement provides $150,000,000 in emergency
funding for wildland fire management as proposed by the House
instead of $1,620,000 as proposed by the Senate. The entire
amount it contingent on receipt of a budget request that
includes a Presidential designation of the entire amount as
an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
General Provisions--This Chapter
Section 230. Provides authority for the Indian Health
Service to release funds appropriated in fiscal year 1999 for
construction of a clinic in King Cove, Alaska as proposed by
the Senate. Land owned by the city has been designated for
the facility and this language is needed to permit IHS to use
that site.
Section 2302. Requires the Secretary of Energy to fund a
particulate monitoring program as directed by the Congress in
a report accompanying a previous appropriations Act. Funds
were made available for this purpose in Public Law 105-277
unde the Fossil Energy Research and Development account. The
Secretary of Energy has instituted a policy wherein he has to
approve any Congressionally identified project prior to the
release of funds. This policy has resulted in a bureaucratic
morass and prevented the timely initiation of important
research. The Secretary of Energy is urged to reexamine this
policy.
The conference agreement does not include language proposed
by the Senate addressing the designation of land for a jetty
and sand transfer system for the Oregon Inlet in North
Carolina. The managers will continue to examine this issue
and consider it within the context of the fiscal year 2001
appropriations bill for the Department of the Interior and
Related Agencies.
Section 2303. Modifies language proposed by the Senate to
provide interim compensation for fishermen, crew members, and
processors affected by restrictions on Dungeness crab fishing
in Glacier Bay National Park, AK. The modification limits
these payments to losses incurred in 2000 except for Buy N
Pack Seafoods which is eligible for compensation for 1999 and
2000.
CHAPTER 4
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
The conference agreement does not include $40,000,000
earmarked for Summer Youth Employment as proposed by the
Senate and requested by the President.
Mine Safety and Health Administration
salaries and expenses
The conference agreement includes a technical change
proposed by both the House and Senate to clarify that funds
collected by the National Mine Health and Safety Academy for
tuition, room, board, and other authorized activities are in
addition to the annual appropriation amount.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
The conference agreement provides $20,000,000 for
abstinence education within ``Special projects of regional
and national significance;'' part of the maternal and child
health block grant as proposed by the House. The Senate bill
contains no similar provision. The conference agreement also
includes a rescission of $20,000,000 for abstinence education
in the Adolescent Family Life program in the Office of the
Secretary as proposed by the House. The Senate bill contains
no similar provision.
The conference agreement does not include $100,000,000 in
supplemental funding for the Ricky Ray Hemophilia Relief Fund
as requested by the Administration.
The conference agreement includes $3,000,000 within Health
Care Facilities and Construction for Little Flower Children's
Services in Wading River, New York, for renovation and
construction of a children's psychiatric services facility.
The agreement designates the entire amount as an emergency
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Centers for Disease Control and Prevention
disease control, research, and training
(including transfers of funds)
The conference agreement transfers $460,000 provided under
Health Resources and Services Administration health care
facilities construction to the CDC chronic and environmental
disease prevention program for a comprehensive cancer control
program at the MD Anderson Cancer Center in Houston, TX to
address minority and medically underserved populations.
The conference agreement includes $12,000,000 for
international HIV/AIDS funding, available until September 30,
2001, and designated as an emergency pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985. The same amount is rescinded under the
Public Health and Social Services Emergency Fund, which was
originally made available for one year in the Departments of
Labor, Health and Human Services and Education and Related
Agencies Appropriations Act, 2000.
Administration on Children and Families
payments to states for foster care and adoption assistance
The conference agreement provides $35,000,000 for payments
to States for foster care and adoption assistance as proposed
by both the House and Senate.
low income home energy assistance
The conference agreement includes $600,000,000 for the Low
Income Home Energy Assistance Program (LIHEAP) emergency fund
as proposed by both the House and Senate. The conference
agreement also makes these funds available until expended as
proposed by the Senate. The House bill makes these funds
available for obligation through September 30, 2000. The
conference agreement also designates the entire amount as an
emergency pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
refugee and entrant assistance
The conference agreement includes a provision extending the
availability of Refugee and Entrant Assistance funding from
two years to three years as proposed by the House. The Senate
bill contains no similar provision.
Administration on Aging
aging services programs
The conference agreement includes a provision to extend the
availability of funds for the Anchorage, Alaska Senior
Citizen's Center as proposed by both the House and Senate.
Office of The Secretary
general departmental management
(rescission)
The conference agreement includes a rescission of
$20,000,000 for abstinence education in the Adolescent Family
Life program in the Office of the Secretary. $20,000,000 in
additional Abstinence Education Funding is provided in the
Health Resources and Services Administration.
Public Health and Social Service Emergency Fund
(rescission)
The conference agreement does not include a rescission of
$163,752,000 as proposed by the President.
The conference agreement rescinds $31,200,000 in
bioterriorism funding made available for one year in the
Departments of Labor, Health and Human Services and Education
and Related Agencies Appropriations Act, 2000 and
reappropriates the same amount, making it available until
expended. Both the amount rescinded and the reappropriation
are designated as an emergency pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
The conference agreement rescinds $12,000,000 in Centers
for Disease Control and Prevention funding made available for
one year in the Departments of Labor, Health and Human
Services and Education and Related Agencies Appropriations
Act, 2000 and reappropriates the same amount, making it
available until September 30, 2001. Both the amount rescinded
and the reappropriation are designated as an emergency
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
General Provision--Department of Health and Human Services
Section 2401. The conference agreement includes a provision
to remove the authority to transfer funds among accounts from
the Centers for Disease Control and Prevention as proposed by
both the House and Senate.
[[Page H5524]]
DEPARTMENT OF EDUCATION
Special Education
The agreement includes a provision that allows funds
presently appropriated in F00 for the Paralympic Winter Games
to be awarded to a designee of the Salt Lake Organizing
Committee for expenditure on their behalf.
Vocational and Adult Education
The conference agreement includes a provision to place the
Youth Offender Grants program on a forward-funded basis. This
provision was not included in either the House or the Senate
bills.
The conference agreement includes a technical correction to
the Departments of Labor, Health and Human Services and
Education and Related Agencies Appropriations Act, 2000 which
changes the forward funded portion of the appropriation from
$858,150,000 to $882,650,000.
Higher Education
The conference agreement includes a provision to extend the
availability of State Grants for Incarcerated Youth
appropriated in fiscal years 1998 and 1999 for an additional
year as proposed by the Senate. The House bill contains no
similar provision.
The conference agreement includes an additional $750,000
for the Fund for the Improvement of Postsecondary Education
for creation of a center for inquiry and design-based
learning in mathematics, science and technology education at
the College of New Jersey, in Ewing, New Jersey. The
agreement designates the entire amount as an emergency
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Education Research, Statistics, and Improvement
(including transfer of funds)
The conference agreement includes a provision to make
several technical corrections as proposed by both the House
and the Senate. The conference agreement also includes
technical corrections that were not included in either the
House or the Senate bills.
The conference agreement also transfers $368,000 provided
under Health Resources and Services Administration, health
care facilities construction and renovation to Education
Research, Statistics, and Improvement for the George Mason
University Center for Services to Families and Schools to
expand a program for schools and families of children
suffering from attentional, cognitive, and behavioral
disorders.
RELATED AGENCIES
Social Security Administration
limitation on administrative expenses
The conference agreement includes $35,000,000, available
through September 30, 2001, for the Social Security
Administration for additional workload generated by the
``Senior Citizens' Freedom to Work Act of 2000 (P.L. 106-182)
as proposed by the Senate. This level is the same amount as
requested by the President and $15,000,000 below the amount
in the Senate bill. The House bill contains no similar
provision. The conference agreement also designates the
entire amount as an emergency pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
General Provisions--This Chapter
Section 2402. The conference agreement includes a provision
as proposed by the House to remove from the Department of
Education and the Centers for Disease Control and Prevention
the ability to carry over salary and expense funds for an
additional quarter. The Senate bill contains no similar
provision.
Section 2403. The conference agreement includes technical
corrections in the conforming amendments on the set-asides in
the Welfare-to-Work Amendments of 1999 as proposed by both
the House and Senate.
Section 2404. The conference agreement includes technical
corrections to the Workforce Investment Act of 1998 and the
Carl D. Perkins Vocational and Technical Assistance Act of
1998 as proposed by the Senate. The House bill contains no
similar provision.
Section 2405. The conference agreement includes a provision
not proposed by either the House or Senate to make funds for
certain technical assistance activities related to school
reform available at an earlier date.
Section 2406. The conference agreement includes a
provision, as proposed by the Senate in the Military
Construction Appropriations Act, 2001, amending section
508(f)(1) of the Rehabilitation Act of 1973 to extend the
date that the Federal government must provide equal access to
disabled federal employees and disabled members of the public
seeking information or services. The House bill contains no
similar provision.
Section 2407. The conference agreement provides $3,500,000
for the improvement and modernization of Saint John's
Lutheran Hospital, Libby, Montana. It also includes
$8,000,000 for an Economic Development Administration grant
to the city of Libby, Montana. The conference agreement also
designates the entire amount as an emergency pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
CHAPTER 5
LEGISLATIVE BRANCH
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
fire safety
The conference agreement appropriates $17,480,000 to the
Architect of the Capitol for fire safety projects as proposed
by the Senate instead of $15,166,000 as proposed by the
House. The funds are designated as emergency requirements as
proposed by the Senate.
General Provisions--This Chapter
Section 2501. The conferees have amended language proposed
by the Senate regarding the Trade Deficit Review Commission.
The 3-month extension in the due date of the final report has
been agreed to; the new subparagraph contained in subsection
(a) of the provision in the Senate bill has been dropped
without prejudice.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Coast Guard
acquisition, construction, and improvements
(including rescission of funds)
The conference agreement includes $45,000,000, to remain
available until expended, for acquisition of one C-37A
command and control aircraft for use by the U.S. Coast Guard,
as authorized under section 812(b) of the Western Hemisphere
Drug Elimination Act (P.L. 105-277). The existing command and
control aircraft is sixteen years old and experiencing
significant reliability and maintenance problems. In
addition, with an average flight cost of $1,500 per hour (40
percent higher than current models), this aged aircraft
unnecessarily diverts needed funds from other Coast Guard
operating missions. The conference agreement fully offsets
this appropriation through sale of the current aircraft
(estimated by the Coast Guard at $7,000,000) and rescission
of other funds totaling $38,000,000. The conferees assume
that sale of the VC-11A will first be offered to the vendor
of the replacement aircraft. Rescinded funds include
$26,600,000 in unobligated balances appropriated to the
Office of Management and Budget to resolve Year 2000 computer
problems, as proposed by the House, and $11,400,000 from
unobligated balances of Coast Guard ``Acquisition,
construction, and improvements''.
The conference agreement includes a rescission of
$11,400,000 in available balances from previous
appropriations Acts under ``Acquisition, construction, and
improvements''. As of May 31, 2000, the Coast Guard had an
unobligated balance of $327,404,000 in this appropriation,
including regular funds, leftover disaster relief funds, and
no-year emergency supplemental appropriations. The conferees
believe a fraction of these unused funds can be used to
offset higher priority requirements in the conference
agreement without adversely impacting the service's missions.
The conferees direct that none of these funds be taken from
the Great Lakes icebreaker replacement project, and that the
Coast Guard submit information on proposed rescissions to the
House and Senate Committees on Appropriations prior to
implementation.
Federal Aviation Administration
operations
(airport and airway trust fund)
The conference agreement includes a contingent emergency
appropriation of $75,000,000 for additional operating and
maintenance costs of the Federal Aviation Administration,
available until September 30, 2001, instead of $77,000,000 as
proposed by the Senate. The first priority for these
additional funds should be the hiring of aviation safety
inspectors and medical certification personnel.
RELATED AGENCY
National Transportation Safety Board
salaries and expenses
The conference agreement provides $19,739,000 for the
National Transportation Safety Board for emergency expenses
associated with the investigation of Egypt Air Flight 990 and
Alaska Air Flight 261 accidents. These funds will compensate
wreckage location and recovery facilities, technical support,
testing, and wreckage mock-up. Both the House and the Senate
bills provided $24,739,000 for investigative costs. Since
enactment of each bill, the Arab Republic of Egypt has agreed
to reimburse the National Transportation Safety Board
$5,000,000 for Egypt Air Flight 990 wreckage location and
recovery, decreasing the supplemental needs of the NTSB. The
conference agreement requires the Secretary of the Treasury
to reduce this appropriation by an amount equal to any
subsequent reimbursement by the Arab Republic of Egypt for
wreckage location and recovery, family assistance, and
interagency agreements for up to $3,983,000. The Egyptian
government currently is reviewing the additional expenses.
Within the funds provided, up to $10,000 shall be made
available for the location and recovery of wreckage of
N41078, as proposed in the Senate report.
General Provisions--This Chapter
Section 2601. The conferees have included a provision that
makes available a total of $35,200,000 for seven bridge
projects from funds previously made available to the
department under section 104(a) of title 23, U.S.C. These
projects were earlier identified in the conference agreement
accompanying H.R. 2084, the fiscal year 2000 Department of
Transportation and Related Agencies Appropriations bill,
which directed the Federal Highway Administration (FHWA) to
distribute discretionary bridge program funds
[[Page H5525]]
for certain specified projects and activities. The office of
the secretary and the FHWA, without consulting or notifying
the House and Senate Committees on Appropriations, released
all discretionary bridge funding for fiscal year 2000 and did
not consider fully the projects specified in the accompanying
report. These actions were unconscionable and remain
unacceptable. The conferees assert that the department,
particularly the office of the secretary, must comply with
both the letter and the spirit of the law, which requires the
department to notify the House and Senate Committees on
Appropriations not less than three full business days before
any discretionary grant award, letter of intent, or full
funding grant agreement totaling $1,000,000 or more is
announced by the Department or its modal administrations
from: (1) any discretionary program of the Federal Highway
Administration other than the emergency relief program; (2)
the airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit
Administration other than the formula grants and fixed
guideway modernization programs.
Section 2602. The conference agreement rescinds $26,600,000
in unobligated balances of funds appropriated to the Office
of Management and Budget pursuant to Pubic Law 105-277 and
subsequently transferred to the Department of Transportation
for Year 2000 conversion of Federal information technology
systems and related expenses, as proposed by the House. These
funds are no longer needed for their original purpose and are
available to offset higher priority Coast Guard capital
needs.
Section 2603. The conference agreement includes an
emergency appropriation of $2,000,000 to the Office of the
Assistant Secretary for Policy, U.S. Department of
Transportation, to be transferred to the Environmental
Protection Agency to carry out a telecommuting pilot program.
Section 2604. The conference agreement includes a provision
that amends the allowable federal share requirement for
projects for the elimination of hazards of railway-highway
crossings funded under the surface transportation program.
Section 2605. The conference agreement includes $2,000,000
for planning, preliminary engineering and design of the
Metro-North Danbury to Norwalk commuter rail line re-
electrification project in Connecticut.
Section 2606. The conference agreement includes $3,000,000
for the Second Avenue Subway in New York City, New York
Section 2607. The conference agreement includes $500,000
for a study of improvements to Highway 8, from the Minnesota
border to Highway 51, in the state of Wisconsin.
Section 2608. The conference agreement includes $1,000,000
for reconstruction of, and improvements to, Halls Mill Road
in Monmouth County, New Jersey.
General Provision--This Title
Section 2101 allows members of the Pueblo of San Ildefonso
and the Pueblo of Santa Clara to collect plants and minerals
in the Bandelier National Monument. The extensive areas
burned by the Cerro Grande fire have severely reduced the
availability of local plants, clays and soils traditionally
used by these Pueblos. To allow their traditional ceremonies
to continue uninterrupted, it is necessary to allow enrolled
members of both Pueblos access to plant and mineral resources
that are available in the Bandelier National Monument at
quantities greater than allowed by current regulations of the
National Park Service. These activities would be consistent
with applicable laws governing the Monument.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
The conferees agree to include $24,900,000 as a contingent
emergency appropriation for the establishment of an in-
service firearms training facility.
Firearms Training Facility
The conferees direct that the Secretary of the Treasury
undertake the establishment of an in-service firearms
training facility in West Virginia for use by U.S. Customs
Service and other law enforcement agencies. The conferees
note with grave concern the serious threats that have arisen
at U.S. borders with respect to attempted terrorist
infiltrations and the increasing complexity of the
interdiction of illegal drugs into this country. The Treasury
Department has approximately 20,000 armed officers engaged in
a wide variety of dangerous law enforcement activities.
Because of the need to provide in-service firearms training
for armed Treasury personnel, the conferees have included
$24,900,000 to accelerate the design and construction of a
firearms complex on land currently owned by the Fish and
Wildlife Service. The Secretary of the Treasury is authorized
to designate a lead agency to oversee the development,
implementation and operation of the facility and the conduct
of training. The complex would also be available for use by
the Fish and Wildlife Service, the National Park Service,
certain other law enforcement personnel and selected State
and local enforcement personnel. The conferees have also
included language to designate the National Park Service to
manage the entire tract of land and to make available a
suitable portion of the land for use for the training
facility, and language to assure that the training to be
conducted at the new training firearms facility will be
configured in such a way as to not duplicate or displace any
federal law enforcement programs of the Federal Law
Enforcement Training Center (FLETC). Likewise, no training
currently being conducted at a FLETC facility will be moved
to the West Virginia site. The entire amount is contingent
upon receipt of a budget request that includes a Presidential
designation of the amount requested as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
United States Secret Service
Salaries and Expenses
The conferees agree to include $10,000,000 as a contingent
emergency appropriation for the United States Secret
Service's costs related to planning, coordination and
implementation of security for national special security and
major protective events.
National Security Special Events
The conferees are extremely concerned that the
Administration has failed to request funding for the Secret
Service to provide protective services for PDD 62, National
Security Special Events (NSSE), causing significant budget
shortfalls for the Secret Service. For example, the conferees
are aware that the 2002 Winter Olympics in Salt Lake City has
long been officially designated as a NSSE but the
Administration provided no funding and implementing overall
security. The conferees note however, that the Administration
did fund the FBI and FEMA for their role in the Winter
Olympics. In order to address fiscal year 2000 shortfalls,
the conferees provide $10,000,000 for costs associated with
planning, coordination and implementation of security at the
following major protective events. The World Trade
Organization Meeting, the International Monetary Fund
meeting, Operation Sail 2000, the Republican and Democratic
National Conventions, the UN General Assembly 55-Millennium
Assembly, and fiscal year 2000 costs related to the 2002
Winter Olympics. The conferees direct the Department of the
Treasury to submit to the Committees on Appropriations, a
budgeting plan for the Secret Service in regard to
anticipated and unanticipated National Special Security
Events for fiscal year 2001 no later than September 1, 2000.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Office of Administration
information technology
The conferees agree to establish a new account within the
Office of Administration and include $8,400,000 as a
contingent emergency appropriation for the costs associated
with the restoration and reconstruction of certain electronic
mail messages and for inclusion of such messages in the
Automated Records Management System. These funds were
proposed by the President to be funded within the Office of
Administration's Salaries and Expenses appropriation. Neither
the House nor the Senate bills included these funds as the
President's request was received after House and Senate
consideration of the supplemental appropriations bills.
tape restoration project
The conferees have established a new account for the
necessary expenses of ongoing activities associated with the
restoration and reconstruction of certain electronic mail
messages and for inclusion in the Automated Records
Management System, providing $8,400,000, to remain available
until September 30, 2002. The conferees prohibit the
obligation of these funds until the Office of Administration
submits an independent verification and validation of the
estimated costs of this project.
The conferees are concerned by the escalation in estimated
costs of this project, which have ranged from $3,000,000 to
levels well in excess of that amount. To date, $4,800,000 has
been provided to support ongoing work; combined with this
supplemental appropriation, the total federal appropriation
is $13,200,000. The conferees are concerned that, to date,
estimates of total project costs have not been finalized and
that an independent verification and validation of both the
costs of specific phases of the reconstruction effort and the
total project are not available. The conferees have included
bill language prohibiting the obligation of funds until the
Office of Administration submits to the Committees on
Appropriations an independent verification and validation of
the costs of the restoration project, including the final
report prepared by the independent verification and
validation contractor for both initial and projects cost
estimates.
It is not the intent of the conferees to delay or impede
the ongoing restoration work; nonetheless, the conferees
believe it is critical that all costs related to this project
undergo an independent verification and validation process
and that the findings of this process be reported to the
Committees on Appropriations as expeditiously as possible.
The conferees note the current monthly reporting requirements
imposed by the House Committee on Appropriations in regards
to the obligation of funds as well as other project analysis.
Should it be necessary, and in order to satisfy the
requirements of the bill language without impeding ongoing
work, the conferees are willing to consider releasing a
portion of the funds upon receipt of interim verification and
validation documents until the final report is prepared.
[[Page H5526]]
These interim reports would be in addition to the monthly
reports required by the House Committee on Appropriations.
Should these interim reports become necessary, the Office of
Administration is directed to establish, in consultation with
the Committees on Appropriations, a schedule of milestones
for the completion of the final report and the total release
of funds.
automated records management system
The conferees are concerned that contractor error may be a
causal factor in the White House e-mails not being properly
archived into the Automated Records Management System (ARMS),
resulting in the present supplemental appropriation for
reconstruction and restoration costs. The conferees fully
expect the Executive Office of the President (EOP) to
diligently pursue reimbursement from contractors if it is
determined that their errors and/or negligence led to the
present additional funding requirement. The conferees believe
that the EOP should review contractor performance beginning
with the ARMS project of 1994 and including all contractors
responsible for operating and maintaining the information
technology system for the EOP. The conferees direct the
Office of Administration to report back within 6 months of
the date of enactment of this Act to the Committees on
Appropriations on the performance of the contractors
responsible for operating and maintaining the information
technology systems. The performance report should include an
evaluation of whether or not the contractor has legally
defaulted and on any actions to be taken by the EOP to recoup
the costs associated with the reconstruction and restoration
effort currently underway.
INDEPENDENT AGENCIES
General Services Administration
policy and operations
The conferees agree to include $3,300,000 as a contingent
emergency appropriation for the Salt Lake 2002 Winter Olympic
and Paralympic Game doping control program.
General Provisions--This Chapter
Section 2701. The conferees agree to include a provision
waiving anti-pooling provisions for the fiscal year 2000
administrative costs of the Counterdrug Intelligence
Executive Secretariat.
Section 2702. The conferees agree to include a provision to
rescind and reappropriate certain unobligated balances with
the Internal Revenue Service's Information Technology
Investments account.
Section 2703. The conferees agree to include a provision
authorizing the Secretary of the Treasury to address clerical
errors in fiscal year 1999 which resulted in the Hospital
Insurance (HI) Trust Fund being over-invested while the
Supplementary Medical Insurance (SMI) Trust Fund was under-
invested. The conferees understand that the principal amount
of the bookkeeping errors has been corrected, but that the
over-investment resulted in the HI Trust Fund being credited
with excess interest earnings, while the under-investment
resulted in the SMI Trust Fund being deprived of interest
earnings. The conferees further understand that these
bookkeeping errors have not affected Medicare payments in any
way, nor did the errors result in any moneys being
erroneously paid out by the Government. Nevertheless, the
conferees believe that the errors should be corrected in full
to ensure the correct allocation of funds among the HI Trust
Funds, the SMI Trust Fund, and the Treasury General Fund.
Section 2704. The conferees agree to include a technical
modification to Public Law 106-113 to make a direct payment
to the United States Olympic Committee through the United
States Anti-Doping Agency from funds appropriated for fiscal
year 2000.
Section 2705. The conferees agree to include a provision to
rescind and reappropriate certain unobligated balances within
the Salaries and Expenses account of the U.S. Secret Service.
Section 2706. The conferees agree to include a technical
modification to Public Law 106-58 clarifying language in
Senate Report 106-87 on the Treasury and General Government
Appropriations Act, 2000, to authorize the General Services
Administration to provide funds appropriated in fiscal year
2000 for the Nebraska State Patrol Digital Distance Learning
project.
CHAPTER 8
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development block grants
Inserts language as proposed by the House making a
technical correction on a specific economic development
initiative grant provided under title II of Public Law 106-
74.
Inserts language proposed by the Senate and modified by the
conferees making a technical correction on a specific
neighborhood initiative grant provided under title II of
Public Law 106-74.
Inserts new language providing $27,500,000 for five
targeted economic development initiatives.
home investment partnerships program
Inserts language proposed by the House which provides
$11,000,000 to the New Jersey Department of Community Affairs
and $25,000,000 to the North Carolina Housing Finance Agency.
This funding is for temporary rental assistance to very low-
income families displaced by the floods spawned by Hurricane
Floyd. The conferees direct HUD to provide these funds to the
aforementioned State agencies within two weeks of enactment
of this Act.
homeless assistance grants
Inserts language proposed by the Senate and modified by the
House authorizing HUD to spend funds from this account to
renew for one year those expiring Shelter Plus Care and
Supportive Housing grants covered by the 1999 Notice of
Funding Availability (NOFA).
The conferees note their increasing concern about how
priorities for this program are set. It is the understanding
of the conferees that the McKinney program leaves the
decision to renew expiring grants with local authorities.
Thus, there is a fundamental mismatch between a results-
oriented program that creates a supply of permanent housing
that ends homelessness among chronically ill persons, and
HUD's commitment to operating the program through local
decision-making. In addition, the conferees are concerned
about the long-term implications of automatically renewing
all permanent housing commitments. By including this
compromise, the conferees are merely resolving the immediate
issue and deferring a more comprehensive decision to a more
appropriate vehicle or to a later date. Any comprehensive
approach should include data and management systems that can
measure progress toward the goal of ending chronic
homelessness.
Inserts language proposed by the House authorizing HUD to
make technical assistance funds available for management and
information systems.
Management and Administration
salaries and expenses
Inserts new language limiting HUD from spending funds to
employ more than 9,100 full time equivalent (FTE) employees
during fiscal year 2000. Additionally, HUD is directed to
develop an employee resource management plan that: (1) bases
estimates and allocations on the level of work and where it
is to be performed; (2) includes all departmental
responsibilities in the work definition and resource
estimation system; (3) identifies what work can be done with
current human resource levels, and what tasks must be done
less often, not done, or contracted out if they are to be
accomplished; and (4) includes a resource validation
component that accurately measures what staff do. The
Department is directed to brief the Committees on
Appropriations every six months on the progress made in
developing this plan until it is implemented.
HUD's lack of an adequate staff plan begs the question of
why HUD is apparently racing to hire more than 764 employees
by the end of July, 2000. Though the limitation agreed to by
the conferees does not preclude HUD from continuing down this
course, it should be considered a warning that HUD cannot
assume that funds to cover more than 9,100 FTEs in fiscal
year 2001 will be forthcoming.
This assumption, in addition to being reckless, is further
jeopardized because HUD's 2001 budget estimates about salary
requirements are simply incorrect. The newest information
from HUD shows that rather than needing $78,800 per FTE for
salaries, HUD actually needs $82,000. This increase is due to
HUD's insistence to hire community builder fellows at grade
and salary levels that far out-strip career civil servants.
In order to stave off employee complaints about the community
builder program and to boost the moral of the civil servants,
HUD recently promoted 200 career civil servants and provided
more than 3,000 quality step increases to career civil
servants. These increases, though likely well-deserved, were
not built into the fiscal year 2001 budget estimate. The
conferees believe that this decision, coupled with HUD's
insistence on hiring 764 new staff, constitutes serious
mismanagement and could create a crisis that may not be
averted unless prompt responsible action is taken.
Thus, the conferees direct HUD to reconsider hiring to this
staff level until the Committees, along with the Office of
Management and Budget (OMB), can undertake a review of HUD's
staffing needs and relate them to a realistic budget
proposal.
Office of Inspector General
(including rescission of funds)
Inserts technical language proposed by the Senate and
modified by the House rescinding and re-appropriating
$6,000,000 for the ``Office of Inspector General'' for the
Housing Fraud Initiative.
INDEPENDENT AGENCIES
Corporation for National and Community Service
national and community service programs
operating expenses
(rescission of funds)
Inserts new language rescinding $1,000,000 from the
National Service Trust instead of transferring such amount as
proposed by the House. The conferees have included this
rescission as part of the appropriation of additional funds
for the Office of Inspector General.
Office of Inspector General
Inserts $1,000,000 for the Office of Inspector General, as
proposed by the House. The amount provided shall be for the
purpose of expanding the number of audits of State
Commissions on National and Community Service. The conferees,
recognizing the lateness of the additional funds, have agreed
to
[[Page H5527]]
make these funds available until September 30, 2001.
ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
Inserts language as proposed by the House clarifying
Congressional intent with respect to a specific grant made
available in Public Law 106-74 and in prior Acts; and which
transfer funds provided for a specific grant in Public Law
105-276 to the ``State and tribal assistance grant'' account
for specific water and wastewater infrastructure projects.
New language has also been included which prohibits the
Environmental Protection Agency from spending any funds
available for expenditure in fiscal years 2000 and 2001 to
make a final determination on or implement any new rule
relative to the Proposed Revisions to the National Pollutant
Discharge Elimination System Program and Federal
Antidegradation Policy and the Proposed Revisions to the
Water Quality Planning and Management Regulations Concerning
Total Maximum Daily Load, published in the Federal Register
on August 23, 1999.
state and tribal assistance grants
Inserts language as proposed by the House making a
technical correction to a specific grant identified in
project number 102 provided in Public Law 106-74; and inserts
new language making further technical corrections with
respect to specific grants identified in project numbers 135
and 50 provided in Public Law 106-74.
Federal Emergency Management Agency
disaster relief
The conferees have agreed to provide $50,000,000, in
addition to other amounts made available, to be derived from
unobligated balances made available under ``Disaster Relief''
in Public Law 106-74, as proposed by the Senate. The House
has proposed an additional $77,400,000 for buyout of
properties made uninhabitable by Hurricane Floyd and
surrounding events, under regulations promulgated in response
to passage of Public Law 106-113. Both the House and Senate
bills had designated the funding as emergency funding.
The conferees have agreed to include up to $50,000,000
within available disaster relief funds for buyouts and
elevations of properties in the 100-year floodplain in areas
which have had Presidential disaster declarations in fiscal
years 1999 or 2000. FEMA is to give priority consideration to
grant proposals for buyouts or elevations of repetitive loss
properties. The fact the conferees have provide additional
funds for buyouts reflects a recognition of significant
demand for these funds in numerous states throughout the
country and the need for actions to reduce potential losses
for future flood events. The action of the conferees is not a
positive reflection, however, on how FEMA has executed this
program to date. The conferees are deeply troubled with
FEMA's implementation of the buyout program as the agency has
failed to meet statutory requirements to issue interim
regulations by December 31, 1999, failed to provide States
with clearly defined guidance to apply eligibility criteria,
failed to develop a standard method for assessing fair market
value and estimated costs per structure, and made an interim
allocation based on inaccurate State submissions resulting in
inequitable distribution of funds to the States. The
conferees expect FEMAS will address these major shortcomings,
and those expected to be identified by the Inspector General
shortly, and issue a final rule in a timely manner. Without
stronger oversight and accountability for these funds than
has been exhibited to date, additional funds will be
provided.
The conferees are aware of a disaster declaration request
submitted June 26, 2000 by the Governor of North Dakota for
areas in the eastern portion of the state affected by severe,
unexpected rainfall, and understand there likely will be a
formal Presidential declaration made shortly. The conferees
recognize and applaud the professional and dedicated response
to this disaster, as well as the initial damage assessments
already performed by State and local disaster officials and
representatives of the Federal Emergency Management Agency
(FEMA). The conferees urge FEMA and other Federal agencies
involved in responding to these floods to act expeditiously
in processing claims submitted by State and local officials
and affected residents upon the formal emergency declaration.
National Aeronautics and Space Administration
science, aeronautics and technology
The conferees have provide an additional $1,000,000 for the
Independent Verification and Validation Facility to perform
software IV&V work for future Mars missions, and an
additional $500,000 for the expansion of the Self Adaptive
Vehicular Equipment (SAVE) project's ``Online Learning Flight
Control for Intelligent Flight Controls Systems'' initiative
at the Dryden Flight Research Center.
General Provisions--This Chapter
Section 2801. Inserts language as proposed by the House and
the Senate clarifying the intent of title V, subtitle C,
section 538 of Public Law 106-74.
Section 2802. Inserts language as proposed by the Senate
clarifying the intent of a specific grant provided in Public
Law 106-113.
Sections 2803 and 2804. Inserts language as proposed by the
Senate making several technical corrections in title II of
Public Law 106-74.
CHAPTER 9
General Provision--This Title
District of Columbia
Section 2901 appropriates $4,485,000 in Federal funds as
proposed by the Senate to reimburse the District of Columbia
for certain costs incurred in connection with the
International Monetary Fund and World Bank Organization
Spring Conference held in the District in April 2000. The
conference agreement includes language proposed by the Senate
that designates this appropriation as an emergency
requirement available only to the extent that an official
budget request is received by the Congress.
TITLE III--COUNTER NARCOTICS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
Chapter 1 of the conference agreement provides a total of
$184,059,000 in emergency supplemental appropriations for the
Department of Defense, instead of $185,800,000 as proposed by
the House and $115,700,000 as proposed by the Senate, to
support Plan Colombia goals and for the procurement of one
Airborne Reconnaissance Low aircraft.
The following table provides details of the emergency
supplemental appropriations in this chapter.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY2000 FY 2001
Program request request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Counter-narcotics battalion support............ 18,200 3,000 21,200 18,200 21,200
Counter-narcotics brigade headquarters......... 1,000 0 1,000 1,000 1,000
Army aviation infrastructure support........... 8,200 5,000 13,200 8,200 13,200
Military reform................................ 3,000 3,000 6,000 3,000 6,000
Organic intelligence capability................ 0 5,000 5,000 0 5,000
Senior Scout................................... 0 5,000 5,000 0 5,000
Tracker aircraft modifications................. 7,000 3,000 10,000 7,000 10,000
AC-47 aircraft modifications................... 1,000 6,400 7,400 1,000 7,400
Ground based radar............................. 13,000 7,000 20,000 0 13,000
Radar command and control...................... 5,000 0 5,000 5,000 5,000
Andean ridge intelligence collection........... 3,000 4,000 7,000 3,000 7,000
Colombian ground interdiction.................. 5,000 0 5,000 5,000 5,000
Classified..................................... 34,000 21,000 80,000 34,300 55,259
Airborne Reconnaissance Low aircraft........... 0 0 0 30,000 30,000
----------------------------------------------------------------------------------------------------------------
aircraft procurement, army
The conferees agree to provide $30,000,000 for the
procurement of one Airborne Reconnaissance Low (ARL)
aircraft, as proposed by the Senate. This aircraft will
replace the ARL aircraft lost in the tragic crash during a
counter-narcotics mission in Colombia last year. The
conferees are concerned that more ARL aircraft have not been
available on a regular basis to U.S. Southern Command, and
strongly urge the Department of Defense and the Army to
provide more ARL mission aircraft for missions in the U.S.
Southern Command area of responsibility.
drug interdiction and counter-drug activities, defense
The conferees agree to provide $154,059,000 in support of
Plan Colombia. The conferees direct the Secretary of Defense
to provide to the Committees on Appropriations, not later
than 30 days following enactment of this Act, a report on the
proposed uses of all funds under this heading. This report
shall describe steps taken to ensure the maximum force
protection of U.S. personnel while deployed in Colombia,
including their rules of engagement. The conferees have
provided funding for specific activities, as described in the
budget request, and direct the Under Secretary of Defense
(Comptroller) to notify the Committees on Appropriations 15
session days prior to any obligation or transfer of funds
which is not consistent with the specific purposes contained
in the request and delineated in this statement of managers.
Additionally, the Assistant Secretary of Defense for
Special Operations and Low-Intensity Conflict is directed to
provide a monthly report to the congressional defense
committees, which shall include the following information for
the preceding month:
[[Page H5528]]
Identification of private sector firms providing support to
Plan Colombia in any capacity, the number of American
citizens located overseas in execution of supporting
contracts, and the number of military personnel and U.S.
government employees operating in Colombia and the
surrounding region in support of Plan Colombia.
classified programs
The conference agreement regarding classified programs is
summarized in a classified annex accompanying this statement
of managers.
General Provisions--This Chapter
The conferees agree to retain and amend section 3101, as
proposed by the House and amended by the Senate, which places
limits on the funds made available in this Act to the
Department of Defense for the provision of support for
counter-drug activities of the Government of Colombia.
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Department of State
assistance for counternarcotics activities
The conference agreement recommends $1,018,500,000 in
emergency supplemental appropriations to reduce the supply of
narcotics to the United States from Colombia and Southern and
Central America and the Caribbean. The House bill recommended
$1,099,000,000 and the Senate amendment recommended
$934,100,000.
The President requested that $818,000,000 be designated as
an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended. In
addition, the President requested $256,000,000 in fiscal year
2001 to support Plan Colombia. These funds shall only be
available to the extent that an official budget request that
designates the entire amount as an emergency requirement is
transmitted to the Congress. The conference agreement
provides that these funds be available until expended, as
requested by the Administration.
The conference agreement provides a waiver of section
482(b) of the Foreign Assistance Act of 1961, regarding the
procurement of weapons and ammunition, for funds under this
heading. Also the conference agreement requires that funds
under this title shall be subject to all limitations and
restrictions contained in section 599D of section 1000(a)(2)
of Public Law 106-113, regarding funds for population
planning.
The conference agreement directs the Secretary of State, in
consultation with the Secretary of Defense and the
Administrator of the Agency for International Development, to
provide to the Speaker of the House of Representatives and to
the Committees on Appropriations not later than 30 days after
enactment of this Act, a report on the proposed uses of all
funds under this heading on a country-by-country basis for
each proposed program, project or activity. The conferees
direct the Administration's report to reflect the priorities
as provided in the following funding columns. The conferees
note that the report by the Secretary of State must be
received prior to the initial obligation of any of these
emergency supplemental funds. The conferees expect this
report to serve as the basis for any future reprogramming of
funds by the Executive Branch. Further, at least 20 days
prior to the obligation of funds under this title, the
Secretary of State shall inform the Committees on
Appropriations.
assistance for plan colombia
The assistance for Plan Colombia is designed to support the
five objectives of the Colombian government's effort to gain
control of the drug producing regions in southern Colombia;
to increase drug interdiction efforts; to provide additional
assistance to the Colombian National Police; to increase
alternative economic development programs, and to strengthen
human rights and justice and anti-crime programs.
support for the push into southern colombia
The conference agreement recommends $390,500,000 to support
the Government of Colombia's objective to gain control of the
drug producing regions of southern Colombia. These funds will
support certain aspects of training and equipping the second
and third Colombian Army counternarcotics battalions. Central
to this entire effort is providing reliable airlift for these
counternarcotics battalions. The conference agreement directs
that funds will be utilized to: procure and support 16 UH-60
Black Hawk helicopters; procure, refurbish, and support 30
UH-1H Huey II helicopters; and support 15 UH-1N helicopters
for use by the Colombian Army. The conference agreement
directs that UH-60 Black Hawk procurement be managed by the
U.S. Defense Security Cooperation Agency. The conference
agreement includes language, as contained in the House bill,
requiring that if any helicopter procured with funds under
this heading is used to aid or abet the operations of an
illegal self-defense group or security cooperative, then such
helicopter shall be immediately returned to the United
States. The conferees recognize that significant resources
under this title are dedicated to procurement and sustainment
of various aircraft for use by the Colombia government and,
therefore, support funds for defensive systems to provide
protection for these aircraft. As requested by the
Administration, the conference agreement recommends
$9,000,000 to procure Schweizer SA 2-37A organize
intelligence aircraft with forward looking infrared (FLIR) to
support the counternarcotics battalions' counter-drug
surveillance. The conference agreement directs funds for the
following programs:
SUPPORT FOR THE PUSH INTO SOUTHERN COLOMBIA
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Train and equip Colombian Army $7,000,000 $7,000,000 $7,000,000
counternarcotics battalions..
Army Counternarcotics 64,000,000 64,000,000 60,000,000
battalion UH-1N program......
Army Counternarcotics 362,000,000 ............ 208,000,000
battalion UH-60 Black Hawk
program......................
Army Counternarcotics ............ 118,500,000 60,000,000
battalion UH-1H Huey II
program......................
Sustain Army counternarcotics 6,000,000 6,000,000 6,000,000
battalion....................
Forward infrastructure 3,000,000 5,000,000 3,000,000
development..................
Force protection enhancements. 4,000,000 7,000,000 4,000,000
Logistical Support............ 4,400,000 8,000,000 4,400,000
Army Counternarcotics 9,000,000 9,000,000 9,000,000
battalion organic
intelligence.................
Training for senior commanders 1,100,000 1,100,000 1,100,000
Army Counternarcotics 3,000,000 ............ 3,000,000
battalion communications.....
Other infrastructure and 6,500,000 ............ ............
sustainment..................
Alternative development in 16,000,000 10,000,000 10,000,000
southern Colombia............
Temporary emergency 15,000,000 15,000,000 15,000,000
resettlement and employment..
-----------------------------------------
Total................... 501,000,000 250,600,000 390,500,000
------------------------------------------------------------------------
support for interdiction efforts
The conference agreement recommends $129,400,000 to enhance
United States and Colombian narcotics interdiction efforts.
The majority of these funds are dedicated to upgrading the
radar systems in four U.S. Customs Service P-3 airborne early
warning interdiction aircraft. The U.S. Customs Service
aircraft are dedicated to missions to detect and monitor
suspect targets destined for the United States from cocaine
source zones, primarily Colombia. Additionally, the Committee
directs funds U.S. and Colombian air, land, and sea
interdiction programs as follows:
SUPPORT FOR INTERDICTION EFFORTS
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Upgrade Colombian Air Force OV- $15,000,000 $15,000,000 $15,000,000
10 aircraft..................
Upgrade aircraft for night 1,900,000 1,500,000 1,900,000
operations...................
Airfield upgrades............. 8,000,000 8,000,000 8,000,000
Upgrade U.S. Customs Service P- 68,000,000 68,000,000 68,000,000
3 aircraft radar systems.....
Support for Colombian air 19,500,000 19,500,000 19,500,000
interdiction program.........
Support for Colombian riverine 12,000,000 12,000,000 12,000,000
interdiction program.........
Ammunition for Colombian 2,000,000 2,000,000 2,000,000
riverine interdiction program
Colombian Navy operations 1,000,000 1,000,000 1,000,000
infrastructure support.......
U.S. ONDCP Counternarcotics 1,000,000 500,000 ............
intelligence architecture....
U.S. Treasury/OFAC sanctions 2,100,000 2,000,000 2,000,000
support......................
Civil beacons................. ............ 2,000,000 ............
Go Fast Boat.................. ............ 1,000,000 ............
-----------------------------------------
Total................... 130,500,000 132,500,000 129,400,000
------------------------------------------------------------------------
[[Page H5529]]
support for the colombian national police
The conference agreement recommends $115,600,000 to support
the Colombian National Police (CNP). The conferees note that
the CNP has for years been at the forefront of the Colombian
National Police (CNP). The conferees note that the CNP has
for years been at the forefront of the Colombian government's
counter-narcotics efforts and has received significant United
States support in recent years. The conference agreement
recommends three significant programs to enhance the CNP's
eradication efforts. These include: $2,600,000 for
procurement, training and support for two UH-60 Black Hawk
helicopters; $20,600,000 for twelve UH-1H Huey II
helicopters; and $20,000,000 for the purchase of Ayers S2R T-
65 agricultural spray aircraft and OV-10 aircraft. The
conference agreement recommends additional funds be provided
for communications, ammunition, spare parts, training and
logistical support. The conference agreement directs funds
for the following programs:
SUPPORT FOR THE COLOMBIAN NATIONAL POLICE
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Secure communications......... $3,000,000 $3,000,000 $3,000,000
Weapons and ammunition........ 3,000,000 3,000,000 3,000,000
UH-60 Black Hawk procurement 26,000,000 ............ 26,000,000
and support..................
Enhanced Logistical Support... 2,000,000 2,000,000 2,000,000
CNP forward operating 5,000,000 5,000,000 5,000,000
capability and force
protection...................
CNP border bases construction. 5,000,000 5,000,000 5,000,000
Additional CNP airmobile units 2,000,000 2,000,000 2,000,000
Upgrade CNP aviation 8,000,000 8,000,000 8,000,000
facilities...................
Additional spray aircraft..... 20,000,000 20,000,000 20,000,000
Upgrade existing CNP airplanes 5,000,000 5,000,000 5,000,000
(including FLIR).............
Upgrade 12 UH-1H helicopters 20,600,000 24,000,000 20,600,000
to Huey II configuration.....
Sustainment and operations.... 5,000,000 5,000,000 5,000,000
Training for pilots and 1,900,000 2,500,000 2,000,000
mechanics....................
Airfield security............. 2,000,000 2,000,000 2,000,000
Enhanced eradication.......... 4,000,000 4,000,000 4,000,000
Spare parts................... 3,000,000 3,000,000 3,000,000
-----------------------------------------
Total................... 115,500,000 93,500,000 115,600,000
------------------------------------------------------------------------
support for alternative and economic development in colombia
The conference agreement recommends $81,000,000 to support
alternative and economic development programs in Colombia.
These funds are in addition to funds provided for alternative
development associated with the Colombian government's
objective to ``Push into Southern Colombia''. The conferees
recommend funding levels for these programs at levels below
the House and Senate bills since these supplemental funds are
not expected to reach Colombia until the last quarter of
fiscal year 2000. The conferees believe that additional
funding for these programs can be made available during the
regular fiscal year 2001 appropriations process. The
conference agreement recommends $4,000,000 for operating
expenses for the Agency for International Development to
effectively manage this program. The conferees direct funds
for the following programs:
SUPPORT FOR ALTERNATIVE AND ECONOMIC DEVELOPMENT IN COLOMBIA
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Environmental programs........ $5,000,000 $2,500,000 $2,500,000
Voluntary eradication programs 46,000,000 46,000,000 30,000,000
Assistance to local 15,000,000 12,000,000 12,000,000
governments..................
Assistance for internally 24,500,000 24,500,000 22,500,000
displaced persons............
AID Operating Expenses in 6,000,000 4,500,000 4,000,000
Colombia.....................
Community-level alternative 20,000,000 20,000,000 10,000,000
development..................
-----------------------------------------
Total................... 116,500,000 109,500,000 81,000,000
------------------------------------------------------------------------
Support for Human Rights and Judicial Reform in Colombia
The conference agreement recommends $122,000,000 for a
broad range of human rights, judicial reform, and other
programs designed to support the peace process and to
strengthen democracy and rule of law in Colombia. The
conferees strongly support funding for these programs and
recognize that protecting human rights and rule of law are
central to the overall goals of Plan Colombia. The conferees
note that the recommended level for these important programs
is $29,000,000 more than requested by the Administration. The
conference agreement includes $2,500,000 to support the
rehabilitation of child soldiers instead of $5,000,000 as
proposed by the Senate. The House bill did not address this
matters. The conference agreement directs funds for the
following programs:
SUPPORT FOR HUMAN RIGHTS AND JUDICIAL REFORM IN COLOMBIA
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Protection of human rights $4,500,000 $4,000,000 $4,000,000
workers......................
Strengthen human rights 8,500,000 7,000,000 7,000,000
institutions.................
Establish CNP/Fiscalia human 4,000,000 25,000,000 25,000,000
rights units.................
Judicial system policy reform. 2,500,000 1,500,000 1,000,000
Criminial code reform......... 3,500,000 3,500,000 1,500,000
Prosecutor training........... 4,500,000 4,000,000 4,000,000
Judges training............... 4,000,000 4,000,000 3,500,000
Casa de Justicia judicial 6,500,000 3,000,000 1,000,000
program......................
Public defender program....... 2,500,000 2,000,000 2,000,000
Asset forfeiture-money 4,000,000 \1\ 15,000,0 15,000,000
laundering task force........ 00
Counternarcotics investigative 4,000,000 ............ ............
units........................
Anti-corruption program....... 6,000,000 (\1\) ............
Asset management program...... 1,000,000 (\1\) ............
Anti-kidnapping program....... 2,000,000 2,000,000 1,000,000
Financial crime program....... 3,000,000 (\1\) ............
Judicial Police training 4,000,000 4,000,000 3,000,000
program......................
Witness and judicial security. 5,000,000 5,000,000 5,000,000
Armed Forces human rights and 1,500,000 ............ 1,500,000
legal reform.................
Army JAG School............... 1,000,000 ............ 1,000,000
Training for Customs police... 6,000,000 6,000,000 2,000,000
Maritime enforcement and port 4,000,000 4,000,000 2,500,000
security.....................
Multilateral case initiative.. 4,500,000 4,500,000 3,000,000
Prison security program....... 8,000,000 8,000,000 4,500,000
Banking supervision assistance 1,000,000 1,000,000 1,000,000
Revenue enhancement assistance 1,000,000 1,000,000 500,000
Customs training assistance... 1,000,000 1,000,000 1,000,000
Conflict management and peace 1,000,000 5,000,000 3,000,000
process......................
U.N. Office of Human Rights... ............ 1,000,000 1,000,000
U.S. Government monitoring.... ............ 1,500,000 1,500,000
Orgaized financial crime...... ............ \1\ 15,000,0 14,000,000
00
Rehabilitationn of Child ............ 5,000,000 2,500,000
Soldiers.....................
Witness/Judicial Security ............ 10,000,000 10,000,000
Human Rights Cases...........
-----------------------------------------
Total................... 98,500,000 143,000,000 122,000,000
------------------------------------------------------------------------
\1\ Designates a combination of accounts.
[[Page H5530]]
Regional Assistance
The conferees recognize the unique narcotics crisis
affecting Colombia and the United States and has, therefore,
responded to the President's request that the overwhelming
majority of these emergency funds be provided in direct
support of Plan Colombia. However, this effort requires a
greater regional emphasis so that the problems associated
with the cultivation, processing and trafficking of illegal
narcotics are not simply relocated elsewhere in the region.
Therefore, the conference agreement recommends $180,000,000
for assistance for other countries in the region. Of these
funds, the conferees recommend that up to $32,000,000 be made
available to procure American-made KMAX helicopters and to
provide initial training, logistics, and technical support
for four years. The conference agreement recommends not less
than $18,000,000 for interdiction programs in other countries
in South and Central America and the Caribbean. The conferees
are aware of the significant interdiction requirements in
Panama, Costa Rica, Brazil, The Bahamas, and Venezuela. The
conferees direct that the Secretary of State, when reporting
to the Committees on Appropriations as required by this Act,
provide recommendations and justifications for the use of
these funds on a country-by-country basis.
The conference agreement provides that not less than
$110,000,000 be made available for assistance for Bolivia,
including $85,000,000 which may be made available for
alternative development and other economic activities. The
conferees strongly support the efforts of the Bolivian
government, through its ``Dignity Plan'', to terminate coca
production in Bolivia.
The conference agreement recommends that no less than
$20,000,000 may be made available for assistance for Ecuador,
including $8,000,000 which may be made available for
alternative development and other economic activities.
The conference agreement includes bill language regarding
conditions on assistance for Colombia which is similar to
language contained in the House bill and the Senate bill.
This bill language requires the Secretary of State to certify
that a number of conditions have been met by the Government
of Colombia prior to the initial obligation of funds under
this heading.
The conference agreement includes language regarding
limitations on the use of appropriated funds in support of
Plan Colombia and the assignment of United States military
personnel in Colombia which is similar to language contained
in the Senate bill. The House bill contained a similar
provision. The conferees note that this provision places a
limitation on the assignment of any United States military
personnel in Colombia in connection with support of Plan
Colombia and does not apply to other United States military
personnel in Colombia not directly supporting of Plan
Colombia.
The conference agreement does not include bill language
requiring certain reporting requirements regarding conditions
on assistance to Colombia as proposed by the Senate. However,
the conferees expect that beginning 60 days after the date of
enactment of this Act, and every 180 days thereafter for the
duration of the provision of resources administered under
this Act, the Secretary of State shall submit a report to the
Appropriations Committees and other congressional committees
as appropriate which contains:
A description of the extent to which the Colombian Armed
Forces have suspended from duty Colombian Armed Forces
personnel who are credibly alleged to have committed gross
violations of human rights, and the extent to which such
personnel have been brought to justice in Colombia's civilian
courts, including a description of the charges brought and
the disposition of such cases.
An assessment of efforts made by the Colombian Armed
Forces, National Police, and Attorney General to disband
paramilitary groups, including the names of Colombian Armed
Forces personnel brought to justice for aiding or abetting
paramilitary groups and the names of paramilitary leaders and
members who were indicted, arrested and prosecuted.
A description of the extent to which the Colombian Armed
Forces cooperate with civilian authorities in investigating
and prosecuting gross violations of human rights allegedly
committed by its personnel, including the number of such
personnel being investigated for gross violations of human
rights who are suspended from duty.
A description of the extent to which attacks against human
rights defenders, government prosecutors and investigators,
and officials of the civilian judicial system in Colombia,
are being investigated and the alleged perpetrators brought
to justice.
An estimate of the number of Colombian civilians displaced
as a result of the ``push into southern Colombia'', and
actions taken to address the social and economic needs of
these people.
A description of actions taken by the United States and the
Government of Colombia to promote and support a negotiated
settlement of the conflict in Colombia.
The conference agreement includes bill language, identical
to the House bill, regarding the denial of visas for persons
credibly alleged to have aided or abetted Colombian insurgent
and paramilitary groups. Further, the conference agreement
includes bill language, as proposed by the Senate, requiring
a report by the President on the current United States policy
and strategy regarding United States counter narcotics
assistance for Colombia and neighboring countries.
The conferees direct that not later than 60 days after the
enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant United States
federal agencies, report to the Committees on Appropriations
regarding the effects on human health and the safety of
herbicides utilized under this title. The House bill did not
address this matter.
The conference agreement does not include bill language
regarding certain counter narcotics measures, as proposed by
the Senate. The conferees believe that the Government of
Colombia should commit itself immediately to the urgent
development and application of naturally occurring and
ecologically sound methods for eradicating illicit crops,
which could reduce significantly the loss of life in Colombia
and the United States.
Further, the conferees believe that the effectiveness of
United States counter narcotics assistance to Colombia
depends on law enforcement officials in Colombia having full
access to all areas of Colombian national territory. Also,
the conferees believe that the governments of the countries
receiving assistance under this title should take steps to
bring to justice narcotics traffickers and, if requested,
extradite these traffickers to the United States.
The conference agreement includes bill language, as
proposed by the Senate, requiring a detailed report by the
Secretary of State regarding the extradition of narcotics
traffickers to the United States. The House bill did not
address this matter.
The conference agreement includes bill language, as
proposed by the Senate, requiring the Secretary of State to
make a certification regarding the United States Government's
public support for the military and political efforts of the
Government of Colombia. The House bill did not address this
matter.
The conference agreement does not include bill language, as
proposed by the Senate amendment, regarding United States
citizens held hostage in Colombia. The House bill did not
address this matter. The conferees are deeply concerned that
three American citizens, David Mankins, Mark Rich, and Rick
Tenenoff, have been held hostage by Revolutionary Armed
Forces of Colombia (FARC) guerrillas since January 31, 1993.
These men were engaged in humanitarian and religious work
when they were taken hostage. The conferees condemn these
kidnappings and urge the Administration and the United
Nations to work to gain the prompt release of these
Americans.
CHAPTER 3
Military Construction, Defense-wide
The conferees recommend $116,523,000 for Military
Construction, Defense-wide, as proposed by the House and
Senate. These amounts are provided as a contingent emergency
appropriation for the construction of three Forward Operation
Locations to support the Colombia Anti-Drug Program, as
follows:
Location/Facility Cost
Ecuador:
Airfield Pavement/Rinse Facility..........................$38,600,000
Aircraft Maintenance Hangar/Nose/Dock Apron.................6,723,000
Expeditionary Maintenance Facilities........................4,900,000
Expeditionary Rescue Station................................2,200,000
Expeditionary Squadron Ops/AMU/Storage......................2,600,000
Expeditionary Visiting Airmen Quarters/Dining Facility......4,650,000
Expeditionary Visiting Officer Quarters.....................1,600,000
__________
Subtotal, Ecuador........................................61,273,000
Aruba:
Airfield Pavement/Rinse Facility............................8,800,000
Expeditionary Maintenance Facilities..........................860,000
Small Exped. Aircraft Maintenance Hangar/Apron................590,000
__________
Subtotal, Aruba..........................................10,250,000
Curacao:
Airfield Pavement/Rinse Facility...........................29,500,000
Aircraft Maintenance Hangar/Nose/Dock Apron.................9,200,000
Expeditionary Maintenance Facilities........................3,000,000
Expeditionary Squadron Ops/AMU/Storage......................2,200,000
__________
Subtotal, Curacao........................................43,900,000
Various: Planning and Design..................................1,100,000
__________
Subtotal, Various.........................................1,100,000
Total.......................................................116,523,000
TITLE IV--LEWIS AND CLARK RURAL WATER SYSTEM
Lewis and Clark Rural Water System Project.--The conference
agreement includes language authorizing the Lewis and Clark
Rural Water System project in South Dakota. Both the House
and Senate versions of the Lewis and Clark Rural Water System
legislation contained provisions to make Pick-Sloan power
that had been reserved for future irrigation and drainage
pumping for the Pick-Sloan Missouri Basin Program available
at the firm power rate during the irrigation season, May 1
through October 31
[[Page H5531]]
each year, so long as the system is operated on a not-for-
profit basis. Pick-Sloan capacity and energy will be provided
by the Western Area Power Administration to the rural water
system at the firm power rate schedule of the Pick-Sloan
Eastern Division of the Western Area Power Administration in
effect when the power is delivered by Western to the
qualified preference power supplier, which will be
responsible for delivery of Pick-Sloan power. The conferees
understand that the qualified preference entity is entitled
to include in its charges to the rural water system its other
usual and customary charges. Additional power supply for the
water supply project shall be provided in accordance with
state law.
TITLE V--GENERAL PROVISIONS THIS DIVISION
Section 5102. The conference agreement includes a provision
that repeals certain pay date shifts that were included in
the Fiscal Year 2000 Consolidated Appropriations Act. That
Act provided that when military members were to be paid on
September 30, 2000, or when civilian employees were to be
paid on September 29, 2000, or on September 30, 2000, these
groups were to be paid on October 1, 2000.
Section 5103. The conference agreement includes a new
provision that nullifies the final proviso of title VI of the
fiscal year 2000 Foreign Operations, Export Financing, and
Related Programs Appropriations Act.
Section 5104. The conference agreement includes a House
provision that repeals Section 216 of the Departments of
Labor, Health and Human Services, and Education and Related
Agencies Appropriations Act, 2000. This section provides for
the delayed obligation of funds within a number of accounts.
As a result of this action, the department and agencies
funded by this Act will be able to obligate funds in the
normal pattern.
Section 5105. The conference agreement includes a new
provision, which was requested in the fiscal year 2001 budget
submission, that restores Supplemental Security Income
payments to the appropriate year, so that all payments are
made consistent with the normal rules for making SSI payments
which come due on a weekend or non-banking day.
Section 5106. The conference agreement includes a new
provision, which was requested in the fiscal year 2001 budget
submission, that moves the pay date for veterans'
compensation and pensions from fiscal year 2001 to fiscal
year 2000.
Section 5107. The conference agreement includes a provision
waiving sequestration for fiscal year 2000 for any of the
supplemental funding included.
Section 5108. The conference agreement includes a provision
that permits the Senate to consider fiscal year 2001
appropriations bills at the level of the fiscal year 2001
budget resolution.
Section 5109. The conference agreement includes a provision
that shifts $2,000,000,000 in outlays only from the defense
category to the non-defense category without changing the
aggregate totals. The provision affects the defense/non-
defense firewall applicable to the Senate only under the
terms of the fiscal year 2001 budget resolution.
DIVISION C
CERRO GRANDE FIRE
TITLE I--CERRO GRANDE FIRE ASSISTANCE ACT
COMPENSATION FOR VICTIMS OF CERRO GRANDE FIRE
Federal Emergency Management Agency
cerro grande fire assistance fund and claims office
The conferees have agreed to provide an appropriation of
$500,000,000 for the Federal Emergency Agency to carry out
the provisions of the Cerro Grande Fire Assistance Act.
The Cerro Grande Fire Assistance Act (``the Act'') provides
a comprehensive and expeditious process for the settlement of
claims resulting from the Cerro Grande Fire, which was caused
by the prescribed burn initiated by the National Park Service
on Federal land at Bandelier National Monument in New Mexico.
The claims process will be administered through a new Office
of Cerro Grande Fire Claims at the Federal Emergency
Management Agency (FEMA).
On May 4, 2000, the National Park Service initiated a
prescribed burn on Federal land at Bandelier National
Monument in New Mexico during the peak of the southwest fire
season. One day later, the prescribed burn exceeded the
containment capabilities of the National Park Service, was
reclassified as a wildland burn, and quickly spread to other
Federal and non-Federal lands. By May 7, 2000, the fire had
grown in size, spreading to residential areas and causing the
evacuation of several communities in northern New Mexico,
including Los Alamos.
The Cerro Grande Fire was the largest forest fire in the
state of New Mexico's history. The fire damaged or destroyed
more than 48,000 acres of forest, 37 million trees, 439
homes, caused injuries, property damages and personal
injuries to more than 1,000 families, countless businesses,
the County of Los Alamos, the State of New Mexico, two Indian
tribes and several other Federal and non-Federal entities.
The Secretary of Interior and the National Park Service have
assumed responsibility for the fire and the subsequent
injuries which resulted from it.
The Act provides full compensation for injuries resulting
from the Cerro Grande Fire. The term ``injury'' is given the
same meaning as in the Federal Tort Claims Act. However, the
Act contains an instructive list of allowable damages for
injuries which constitute losses of property, business losses
or financial losses. The conferees intend that FEMA
compensate fully all injured parties for these enumerated
damages if the damages resulted from the Cerro Grande Fire.
The Act also gives FEMA the discretion to compensate fully
injured parties for any other damages resulting from the fire
which FEMA deems appropriate.
Those eligible for compensation through the claims process
include all entities which suffered injuries resulting from
the fire, including individuals, Indian tribes, corporations,
tribal corporations, partnerships, companies, school
districts, other state and local governmental entities and
insurance companies. The conferees are aware that certain
members of the Los Alamos community injured by the fire are
non-citizens lawfully present in the United States who are
otherwise ineligible for certain assistance from FEMA and
other governmental agencies. The Act intends that these
individuals be compensated for their losses in the same
manner as any other injured party.
The Act requires that FEMA also compensate insurance
companies as subrogees for claims paid to insureds for
damages resulting from the fire. However, the Act makes clear
that, to the maximum extent practicable, insurance companies
should receive payment for their claims only after those
claims submitted by other injured parties are satisfied.
The Act requires FEMA within 45 days of enactment of the
Act to promulgate interim final regulations for the
processing and payment of claims. Injured parties must file
their claims within 2 years from the date on which such
regulations are promulgated. FEMA must determine and fix the
amount of payment of each claim within 180 days of its
filing.
The conferees are concerned that injured parties only be
compensated once for injuries resulting from the fire. To
prevent double recoveries and to maintain an orderly claims
process, the Act requires that injured parties elect to
pursue damages for their injuries either by submitting a
claim to the Cerro Grande Fire Claims Office or by filing a
claim in the courts under the Federal Tort Claims Act or any
other provision of law. If a party elects to file a claim
with the Cerro Grande Fire Claims office, the party may not
subsequently file a claim in court for the same damages.
Conversely, parties who choose to pursue damages in a court
of law may not file a claim under this Act.
The conferees recognize that disputes may arise over claims
submitted under this Act. The Act preserves the rights of
individuals to request judicial review of their final claims
awards in the Federal District Court for the District of New
Mexico. The Act also allows aggrieved claimants in lieu of
Federal court to elect binding arbitration of their claims
award by a neutral third party under a process to be
determined by FEMA.
The conferees note that the responsibility given to FEMA
under this Act is outside the scope of the work FEMA normally
performs in managing disasters. The conferees have confidence
that FEMA and its Director will manage the claims process in
accordance with the intent of this Act, and that this new,
temporary responsibility will not diminish FEMA's ability to
manage other current and future disasters under the Stafford
Act. The conferees also intend that no funds to administer
this Act or pay claims will be derived from the Disaster
Relief Fund.
TITLE II--CERRO GRANDE FIRE EMERGENCY
SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
Farm Service Agency
emergency conservation program
The conference agreement provides an additional $10,000,000
for the emergency conservation program (ECP), to remain
available until expended. The conferees include language that
allows ECP funds to be used to rehabilitate farmland damaged
from fires that resulted from prescribed buring conducted by
the Federal government, and exempts these funds from certain
cost-share requirements.
Natural Resources Conservation Service
watershed and flood prevention operations
The conference agreement recommends an additional
$4,000,000, to remain available until expended, to repair
damages as a result of the Los Alamos, New Mexico fires.
DEPARTMENT OF ENERGY
Atomic Energy Defense Activities
cerro grande fire activities
The conference agreement appropriates $138,000,000 for the
Department of Energy for damage sustained by the Los Alamos
National Laboratory in the Cerro Grande fire. The entire
amounts has been 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.
The conference agreement provides $53,340,000 for physical
damage, destruction repair and risk mitigation; $27,260,000
for restoring services; $39,400,000 for emergency response;
and $18,000,000 for resuming laboratory operations.
The Department is directed to provide a monthly report
showing the estimated costs for each activity, the actual
costs incurred, and a brief description of the activities
performed. The Department should work with
[[Page H5532]]
the House and Senate Committees on Appropriations on the
format for this report.
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
operation of indian programs
The conference agreement provides $8,982,000 in emergency
funding for operation of Indian programs for the Pueblo of
Santa Clara and the Pueblo of San Ildefonso for restoration,
rehabilitation and reforestation of tribal lands and
facilities damaged by the Cerro Grande fire in New Mexico.
The entire amount is contingent on receipt of a budget
request that includes a Presidential designation of the
entire amount as a emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
General Provision--This Title
Section 2101 allows members of the Pueblo of San Ildefonso
and the Pueblo of Santa Clara to collect plants and minerals
in the Bandelier National Monument. The extensive areas
burned by the Cerro Grande fire have severely reduced the
availability of local plants, clays and soils traditionally
used by these Pueblos. To allow their traditional ceremonies
to continue uninterrupted, it is necessary to allow enrolled
members of both Pueblos access to plant and mineral resources
that are available in the Bandelier National Monument at
quantities greater than allowed by current regulations of the
National Park Service. These activities would be consistent
with applicable laws governing the Monument.
For the consideration of the House bill and Division A of the
Senate amendment and modifications committed to conference:
David L. Hobson,
John Edward Porter,
Todd Tiahrt,
James T. Walsh,
Dan Miller,
Robert B. Aderholt,
Kay Granger,
Virgil Goode, Jr.,
C.W. Bill Young,
John W. Olver,
Chet Edwards,
Sam Farr,
Allen Boyd,
Norman D. Dicks,
David Obey,
For the consideration of Division B of the Senate amendment
and modifications committed to conference:
C.W. Bill Young,
Ralph Regula,
Jerry Lewis,
Harold Rogers,
Joe Skeen,
Sonny Callahan,
David Obey,
John Murtha,
Managers on the Part of the House.
Conrad Burns,
Kay Bailey Hutchison,
Larry Craig,
Jon Kyl,
Ted Stevens,
Patty Murray,
Harry Reid,
Daniel K. Inouye,
Robert C. Byrd,
Managers on the Part of the Senate.