Clerk session vote number: 106
Description: A bill making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes.
Bill summary: Division A: Fiscal Year 2001 Military Construction Appropriations - Military Construction Appropriations Act, 2001 - Appropriates funds for FY 2001 for military construction, family housing, and base realignment and closure functions administered by the Department of Defense (DOD), namely: (1) military construction for the Army, Navy, and Air Force; (2) military construction, DOD (including a transfer of funds); (3) military construction for the Army and Air National Guards; (4) military
construction for the Army, Naval, and Air Force Reserves (with a rescission of prior-year funds in the case of the Naval Reserve); (5) the North Atlantic Treaty Organization (NATO) Security Investment Program; (6) family housing for the Army, Navy and Marine Corps, and Air Force; (7) family housing, DOD; and (8) the Base Realignment and Closure Account, Part IV.
(Sec. 101) Specifies restrictions and authorizations regarding the use of funds appropriated in this Act and in other military construction appropriations Acts.
(Sec. 113) Directs the Secretary of Defense (Secretary) to notify the appropriate congressional committees 30 days in advance of the plans and scope of any military exercise involving U.S. personnel if construction costs are anticipated to exceed $100,000.
(Sec. 118) Provides for the transfer of military construction and family housing funds for which appropriations have expired into the Foreign Currency Fluctuations, Construction, Defense account.
(Sec. 119) Directs the Secretary to report annually to the congressional appropriations committees on actions proposed by DOD to encourage other member nations of NATO, Japan, Korea, and U.S. allies in the Arabian Gulf to assume a greater share of the common defense burden of such nations and the United States.
(Sec. 121) Prohibits an entity from expending funds appropriated by this Act unless such entity agrees to comply with the Buy American Act. Prohibits this Act's funds from being made available to any person or entity convicted of violating such Act.
(Sec. 122) Expresses the sense of Congress that entities receiving assistance under this Act should expend such assistance only on American-made equipment and products.
(Sec. 124) Prohibits this Act's funds from being obligated for Partnership for Peace programs in the new independent States of the former Soviet Union.
(Sec. 128) Directs the four service branches to submit to the appropriate congressional committees by July 1, 2001, a Family Housing Master Plan to address year 2010 housing goals with traditional construction, operation and maintenance support, as well as privatization initiative proposals.
(Sec. 129) Rescinds $100 million of unobligated funds provided in previous military construction appropriations Acts.
(Sec. 130) Authorizes the transfer of unobligated naval reserve funds under the previous military construction appropriations Act for the construction of an elevated water storage tank at the Naval Support Activity Midsouth, Millington, Tennessee.
(Sec. 132) Rescinds $83 million of the funds available in the Foreign Currency Fluctuations, Construction, Defense account.
(Sec. 133) Amends the Military Construction Appropriations Act, 1988 to direct the Secretary of the Navy to use certain funds received from the city of San Diego, California, in connection with a property transfer for the acquisition of suitable sites for military family housing, or the acquisition, construction, or revitalization of such housing, in the San Diego region. Authorizes certain remaining funds to be transferred into the Department of Defense Family Housing Improvement Fund.
(Sec. 134) Amends the Woodrow Wilson Memorial Bridge Authority Act of 1995 to make available a specified amount of authorized funds for dredging and foundation activities for construction.
(Sec. 136) Provides that this section supersedes authority provided in the Department of Defense Appropriations Act, 2000. Incorporates provisions similar to those contained in such Act that authorize the Secretary of the Air Force to carry out a Base Efficiency Project at Brooks Air Force Base in Texas. Bars the Secretary of the Air Force from exercising such authority until he submits a master plan for Base development to the appropriate congressional committees. Subjects the use of the Base Efficiency Project Fund to advance appropriations.
(Sec. 138) Limits to $77.5 million the total amount of appropriated funds that may be expended for a project to construct and renovate the Cadet Physical Development Center at the Military Academy, West Point, New York.
(Sec. 139) Directs the Secretary to report to the congressional defense committees on construction, security, and operation of Forward Operating Locations (FOL) in Manta, Ecuador, Aruba, and Curacao. Requires the report to address: (1) a schedule for making each FOL fully operational; (2) a plan that identifies the operating requirements at FOL for the Coast Guard, Customs Service, Drug Enforcement Administration, intelligence community, and DOD 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 that operations conducted at FOL are in accordance with standard operating procedures.
Division B: Fiscal Year 2000 Supplemental Appropriations
- Emergency Supplemental Act, 2000 -
Title I: Kosovo and Other National Security Matters
Chapter 1: Department of Defense - Military
- Provides additional funds for Army, Navy, Marine Corps, Air Force, Army Reserve, and Air National Guard operation and maintenance (O&M), as well as defense-wide O&M for assistance to Vieques, Puerto Rico.
Makes additional funds available for: (1) the Overseas Contingency Operations Transfer Fund; (2) Air Force aircraft procurement; (3) Army research, development, test and evaluation; and (4) the Defense Health Program.
(Sec. 101) Requires members of the uniformed services (from January 1, 2000, through FY 2001) entitled to a basic allowance for housing for a U.S. military housing area to be paid the allowance at a monthly rate not less than the rate in effect on December 31, 1999, in such area for members serving in the same pay grade and with the same dependency status. Authorizes the Secretary, in light of the rates so authorized, to exceed the limitation on the total amount paid for the basic housing allowance in FY 2000 and 2001.
Expresses the sense of Congress that military personnel and their dependents should not have to rely on the food stamp program and that the President and Congress should act to ensure that no member's income meets the eligibility standards under such program.
(Sec. 102) Appropriates additional funds for: (1) the Defense-Wide Working Capital Fund for price increases resulting from worldwide increases in the price of petroleum; (2) the procurement of Air Force F-15 aircraft and associated components and systems; (3) the procurement of M1A2 tank upgrades; and (4) the Defense Health Program.
(Sec. 106) Earmarks specified amounts of the additional Defense Health Program funding for obligations and adjustments for TRICARE (a DOD managed care program) contract cost increases for FY 1998 through 2001. Requires the Secretary to: (1) notify the congressional defense committees before charging an obligation or adjustment under this section; and (2) report on obligations made under this section within 30 days after the end of FY 2000.
(Sec. 107) Appropriates additional funds for: (1) additional unfunded obligations under the Defense Health Program; (2) the Basic Allowance for Housing program; (3) military personnel recruiting, advertising, and retention programs; (4) Navy O&M for ship depot maintenance; and (5) DOD for support of deployed U.S. forces.
(Sec. 112) Requires the Secretary of the Army to be the Executive Agent to lead, consolidate, and coordinate all DOD biometrics information assurance programs. Appropriates an additional amount for Army O&M for carrying out such programs and for continuing such programs of the Information System Security Program. Makes additional appropriations for Navy and Air Force O&M for carrying out such programs with the Army, as Executive Agent, to lead, consolidate, and coordinate.
(Sec. 113) Appropriates additional funds to DOD for the Patriot missile program. Requires DOD to submit a revised Patriot missile program plan to the congressional defense committees within 30 days of this Act's enactment.
(Sec. 114) Makes additional funds available to DOD for: (1) Operation Walking Shield for technical assistance and transportation of excess housing to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota in accordance with existing law; and (2) peacekeeping and humanitarian assistance operations in East Timor and Mozambique.
(Sec. 116) Transfers a specified amount of defense-wide O&M funds appropriated by the Department of Defense Appropriations Act, 2000 to the Macalloy Special Account administered by the Administrator of the Environmental Protection Agency (EPA) to pay for response actions by, or on behalf of, the EPA under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 at the Macalloy site in Charleston, South Carolina.
(Sec. 117) Appropriates additional funds to DOD 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.
(Sec. 118) Requires the Ballistic Missile Defense Organization to notify the congressional defense committees 30 days prior to issuing any type of information or proposal solicitation under the National Missile Defense Program.
(Sec. 119) Directs the Secretary of the Navy to sell Navy Drydock No. 9 in Mobile, Alabama, to the Bender Shipbuilding and Repair Company.
(Sec. 121) Prohibits the Secretary, until December 31, 2000, from prohibiting the designation or use of any DOD facility currently designated by a State or local election official or used since January 1, 1996, as an official polling place.
(Sec. 122) Amends the Department of Defense Appropriations Act, 1999 to: (1) increase the amount appropriated for the payment of claims in connection with a Marine Corps aviation accident near Cavalese, Italy; and (2) allow the use of such funds for claims under status-of-forces agreements.
(Sec. 123) Rescinds specified funds provided in previous DOD appropriations Acts.
(Sec. 125) Repeals certain provisions regarding progress payments and payment procedures of the Department of Defense Appropriations Act, 2000.
(Sec. 126) Prohibits any amounts appropriated in this Act as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) from being available for obligation unless such amounts are designated by the President as emergency requirements.
Chapter 2: Department of Defense - Civil
- Provides additional funds for the Army Corps of Engineers for: (1) certain studies and designs in connection with North Carolina water projects; (2) the Johnson Creek, Arlington, Texas, project authorized under prior law; and (3) a dredging project at Saxon Harbor, Wisconsin.
Makes additional funds available for the Department of the Interior to carry out provisions of the Lewis and Clark Rural Water System Act of 2000.
Makes additional funds available for the Department of Energy for: (1) weapons activities; (2) other defense activities; and (3) the Uranium Enrichment Decontamination and Decommissioning Fund.
(Sec. 201) Prohibits funds appropriated by this or any other Act from being used to: (1) fulfill any financial responsibility requirements relating to the closure or post-closure care and monitoring of the Waste Isolation Pilot Plant in New Mexico; or (2) further reallocate Central Arizona Project water or prepare environmental impact statements with respect to such a reallocation.
(Sec. 203) Makes funds appropriated under prior energy and water development appropriations Acts available for: (1) design, planning, and construction of an interdisciplinary science facility at the University of Alabama; (2) the Nome diesel upgrade; (3) relocating the Atlas pulsed power experimental facility to the Nevada Test Site; (4) the Natural Energy Laboratory of Hawaii; (5) the Burbank Hospital Regional Center in Fitchburg, Massachusetts; (6) the Center for Research on Aging in Chicago, Illinois; (7) the North Shore-Long Island Jewish Health System; and (8) the Materials Science Center in Tempe, Arizona.
(Sec. 211) Prohibits FY 2000-2001 funds appropriated to the Nuclear Regulatory Commission from being used to relocate the functions or personnel of the Technical Training Center from its current location in Chattanooga, Tennessee.
Chapter 3: Military Construction
- Provides additional funds for: (1) Army Reserve military construction; (2) family housing for the Army, Navy and Marine Corps, and Air Force; and (3) defense-wide military construction.
(Sec. 303) Provides additional funds for military construction, Navy, for the acquisition of land at Blount Island, Florida. Rescinds an offsetting amount of funds under the Military Construction Appropriations Act, 1996.
Chapter 4: Department of Transportation
- Makes additional funds available for: (1) Coast Guard operating expenses; and (2) Coast Guard acquisition, construction, and improvements.
Chapter 5: General Provisions - This Title
- Provides additional funds for: (1) the Agency for International Development for rehabilitation and reconstruction assistance for Mozambique, Madagascar, and southern Africa; and (2) assistance for Montenegro and Croatia, and police activities in Kosovo.
Title II: Natural Disaster Assistance and Other Supplemental Appropriations
Chapter 1: Department of Agriculture
- Provides additional funds for: (1) the Office of the Secretary of Agriculture to carry out the Livestock Mandatory Reporting Act of 1999; and (2) Farm Service Agency salaries and expenses.
Provides additional funds for the Rural Housing Service for: (1) the Rural Housing Insurance Fund Program Account for loans for rental housing; and (2) the rental assistance program for emergency needs resulting from Hurricanes Dennis, Floyd, or Irene.
(Sec. 2101) Requires the Commodity Credit Corporation, with respect to any 1999 crop year loan made to a cooperative marketing association established under the laws of North Carolina and to any person in North Carolina obtaining a 1999 crop upland cotton marketing assistance loan, to reduce the amount of outstanding indebtedness in an amount up to 75 percent of the loan amount applicable to collateral (in the case of cooperative marketing associations of upland cotton producers and upland cotton producers, up to $5 million for benefits to associations and such producers for up to 75 percent of the loss incurred with respect to cotton placed under loan) that was produced in a county declared a major disaster or emergency due to Hurricanes Dennis, Floyd, or Irene if such collateral suffered any quality loss as a result of such hurricanes.
(Sec. 2102) Requires the Secretary of Agriculture to borrow Commodity Credit Corporation funds to offset remaining loan losses for the 1999 crop of peanuts.
Chapter 2: Department of Justice
- Provides additional funds for: (1) salaries and expenses of U.S. Attorneys to reimburse county and municipal governments for Federal costs associated with the handling and processing of illegal immigration and drug and alien smuggling cases; (2) the Drug Enforcement Administration for salaries and expenses to be deposited in the Telecommunications Carrier Compliance Fund; and (3) the Office of Justice Programs for justice assistance grants to counties with populations of less than 150,000, and Indian reservations, in Arizona adjacent to the U.S.-Mexico border.
Makes additional funds available for: (1) the Economic Development Administration for economic development assistance programs for communities affected by Hurricane Floyd and other recent hurricanes and disasters; and (2) the National Oceanic and Atmospheric Administration for operations, research, and facilities to provide disaster assistance.
Provides funds for the Department of State for the International Joint Commission and the U.S. Commission on International Religious Freedom.
Makes additional amounts available for the Small Business Administration for the disaster loans program account and for direct administrative expenses to carry out such program.
(Sec. 2201) Provides additional funds for operations, research, and facilities for: (1) emergency expenses for fisheries disaster relief for the Pribilof Island and East Aleutian area of the Bering Sea; (2) emergency disaster assistance for the commercial fishery failure with respect to the Northeast multispecies fishery to be used to support a voluntary fishing capacity reduction program; and (3) studies relating to long-line interactions with sea turtles in the North Pacific and commercial fishing activities in the Northwest Hawaiian Islands and for observer coverage for the Hawaiian long-line fishery.
(Sec. 2204) Amends Federal law to require the Secretary of Commerce to establish a North Pacific Marine Research Institute to be administered at the Alaska SeaLife Center by the North Pacific Research Board. Requires the Institute to: (1) conduct research and carry out education and demonstration projects relating to the North Pacific marine ecosystem with emphasis on marine mammal, sea bird, fish, and shellfish populations in the Bering Sea and Gulf of Alaska; and (2) lease, maintain, operate, and upgrade the necessary research equipment and related facilities to conduct such research at the Center.
Requires the Institute to make research and project results available on request.
Makes amounts available from the Oil Spill Liability Trust Fund to carry out this section.
Chapter 3: Department of the Interior
- Makes additional funds available for: (1) Bureau of Land Management wildland fire management for emergency rehabilitation and wildfire suppression activities; (2) acquisition of additional lands known as the Douglas Tract on the Potomac River in Maryland; and (3) the Office of Surface Mining Reclamation and Enforcement for the regulatory program of the State of West Virginia.
Provides additional funds for the Forest Service for emergency expenses resulting from damages from wind storms and for wildland fire management for emergency rehabilitation, presuppression, and wildfire suppression.
(Sec. 2301) Authorizes the Indian Health Service to improve municipal, private, or tribal lands with respect to the new construction of the clinic for the community of King Cove, Alaska.
(Sec. 2303) Provides for interim compensation, using funds appropriated by the Emergency Supplemental Appropriations Act, 1999, to: (1) Dungeness fishing vessel crew members eligible for such compensation under the existing National Park Service program; (2) U.S. fish processors which have been negatively affected by restrictions on Dungeness crab fishing in Glacier Bay National Park and which previously received such compensation; and (3) Buy N Pack Seafoods, a U.S. fish processor located in Hoonah, Alaska, which has been impacted by such restrictions, for estimated 1999 and 2000 losses.
Chapter 4: Department of Labor
- Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000 to authorize funds to be collected by the National Mine Health and Safety Academy for authorized activities under provisions making appropriations for salaries and expenses of the Mine Safety and Health Administration.
Provides additional funds for the Department of Health and Human Services (HHS) for the Health Resources and Services Administration to make competitive grants to provide abstinence education to adolescents and for renovation and construction of a children's psychiatric services facility in Wading River, New York.
Makes additional amounts available for the Centers for Disease Control and Prevention for international HIV/AIDS programs and for disease control, research, and training.
Provides additional funds for the Administration for Children and Families for payments to States for foster care and adoption assistance.
Makes additional funds available for the Administration for Children and Families for payments to States for foster care and adoption assistance and for emergency low income home energy assistance.
Makes FY 2000 Administration for Children and Families refugee and entrant assistance provided under the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000 available through FY 2002.
Rescinds a specified amount appropriated for general departmental management of the Office of the Secretary of HHS.
Provides an additional amount for the Public Health and Social Services Emergency Fund for the National Pharmaceutical Stockpile. Rescinds a specified amount appropriated for the Fund.
Makes additional amounts available for the Department of Education for: (1) the College of New Jersey in Ewing, New Jersey, for creation of a center for inquiry and design-based learning in mathematics and science and technology education; and (2) education research, statistics, and improvement for a program at the George Mason University Center for Services to Families and Schools for schools and families of children suffering from attentional, cognitive, and behavioral disorders.
Provides an additional amount for the Social Security Administration for a limitation on administrative expenses.
(Sec. 2405) Amends the Rehabilitation Act of 1973 to revise the authorized date for filing a claim of Federal agency failure to make electronic and information technology procured by such agency accessible to individuals with disabilities. Revises the effective date of the applicability of such provision.
(Sec. 2406) Makes additional amounts available for the Health Resources and Services Administration for the Saint John's Hospital in Libby, Montana, for construction and renovation of health care and other facilities and for the Economic Development Administration for a grant to the city of Libby, Montana.
Chapter 5: Legislative Branch
- Provides additional funds for Capitol buildings and grounds fire safety.
Chapter 6: Department of Transportation and Related Agencies
- Provides additional funds for: (1) Coast Guard acquisition of a C-37A command and control aircraft; (2) Federal Aviation Administration operations; and (3) National Transportation Safety Board salaries and expenses for emergency expenses associated with the investigations of the EgyptAir 990 and Alaska Air 261 accidents.
Rescinds a specified amount previously appropriated for Coast Guard acquisition, construction, and improvement.
(Sec. 2601) Earmarks Federal-aid highway funds for specified bridges and bypasses.
(Sec. 2602) Rescinds a specified amount of funds transferred to the Department of Transportation for conversion of Federal information technology systems.
(Sec. 2603) Requires the Administrator of the Environmental Protection Agency to make a grant for carrying out, in five metropolitan areas, the first year of a pilot program for granting emissions credits to employers who encourage telecommuting developed under the Department of Transportation and Related Agencies Appropriations Act, 2000. Directs the Administrator, in addition to such grant, to make grants to: (1) the National Environmental Policy Institute in the District of Columbia; and (2) local agencies within such metropolitan areas. Appropriates funds to carry out this section.
(Sec. 2604) Permits certain Federal-aid highway funds applied to projects involving the elimination of hazards of railway-highway crossings to have a Federal share of up to 100 percent of construction costs.
(Sec. 2605) Makes amounts available for: (1) planning, preliminary engineering, and design of the Metro-North Danbury to Norwalk commuter rail line re-electrification project; (2) the Second Avenue Subway in New York City; (3) a study of improvements to Highway 8 from the Minnesota border to Highway 51 in Wisconsin; and (4) construction of, and improvements to, Halls Mill Road in Monmouth County, New Jersey.
Chapter 7: Department of the Treasury
- Makes additional funds available for: (1) establishment of an in-service firearms training facility for the Customs Service and other agencies; (2) the Bureau of the Public Debt for reduction of the public debt; and (3) Secret Service salaries and expenses.
Provides funds for: (1) the Executive Office of the President for Office of Administration expenses for restoration and reconstruction of certain electronic mail messages and for inclusion of such messages in the Automated Records Management System; and (2) the General Services Administration for the Salt Lake 2002 Winter Olympic and Paralympic Games doping control program.
(Sec. 2701) Makes FY 2000 Federal counterdrug intelligence activities funding available for administrative costs of the Counterdrug Intelligence Executive Secretariat authorized by the General Counterdrug Intelligence Plan of February 12, 2000.
(Sec. 2702) Rescinds the unobligated balance of funds appropriated for Internal Revenue Service information technology investments in the Treasury Department Appropriations Act, 1998. Appropriates such funds for the capital asset acquisition of information technology systems.
(Sec. 2703) Requires the Secretary of the Treasury to take certain steps to correct a clerical error that caused erroneous transfers of moneys between the investment and uninvested transfer accounts of the Federal Hospital and Supplementary Medical Insurance Trust Funds.
(Sec. 2705) Rescinds a specified amount of funds for additional requirements of the Secret Service and appropriates such amount for Secret Service salaries and expenses.
Chapter 8: Department of Housing and Urban Development
- Provides additional funds for targeted economic development initiatives under the Community Development Block Grants program and for the HOME investment partnerships program.
Makes amounts available under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 available for certain one-year grants for permanent or rental housing for homeless persons with disabilities.
Prohibits the Secretary of Housing and Urban Development from using any funds to employ more than 9,100 full-time equivalent employees at the Department of Housing and Urban Development in FY 2000.
Rescinds a specified amount of funds made available for the Office of Inspector General in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000. Makes such amount available for the Office to remain available through FY 2001.
Rescinds a specified amount of funds from the National Service Trust account for the Corporation for National and Community Service.
Makes additional funds available for the Office of Inspector General for reviews and audits of the State Commissions on National and Community Service.
Makes a specified amount of unobligated funds available to 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 that were declared Federal disasters in FY 1999 and 2000, subject to certain conditions.
Provides additional funds for the National Aeronautics and Space Administration for science, aeronautics and technology.
Chapter 9: General Provision This Title
- Makes an additional amount available for the District of Columbia Metropolitan Police Department for the reimbursement of costs incurred by the District as host of the International Monetary Fund and the World Bank Organization Spring Conference in April 2000.
Title III: Counternarcotics
Chapter 1: Department of Defense - Military
- Makes additional FY 2001 funds available for: (1) Army aircraft procurement; and (2) defense drug interdiction and counter-drug activities.
(Sec. 3101) Makes a limited amount available for support for counter-drug activities of the Government of Colombia. Subjects the obligation or expenditure of such funds to: (1) a specified certification by the Secretary of Defense under the National Defense Authorization Act for Fiscal Year 1998 with respect to authorized uses, security of equipment, review by U.S. personnel, and certain other related factors; and (2) a report by the Assistant Secretary of Defense, Special Operations and Low-Intensity Conflict on the value, duration, and purpose of logistics support, planning, or assistance contracts. Authorizes the Secretary of Defense, using certain unobligated funds, to transfer one light observation aircraft to Colombia for counter-drug activities.
Chapter 2: Bilateral Economic Assistance
- Makes FY 2001 appropriations for expenses of the President and the Department of State to support Central and South America and Caribbean counternarcotics activities (earmarking amounts for Bolivia, Ecuador, and other countries in South and Central America and the Caribbean which are cooperating with the U.S. counternarcotics objectives), procurement, refurbishing, and support for UH-1H Huey II helicopters (including procurement and support of UH-60 Blackhawk helicopters), and for the demobilization and rehabilitation of child soldiers in Colombia. Requires the Secretary of State to report to the Committees on Appropriations on the proposed uses of such assistance on a country-by-country basis.
(Sec. 3201) Makes such counternarcotics assistance available to Colombia for FY 2000 and 2001 only if the Secretary of State certifies to the appropriate congressional committees that: (1) the President of Colombia has directed that Colombian Armed Forces personnel who have committed gross violations of human rights will be brought to justice in Colombia's civilian courts; (2) the Commander of such forces is promptly suspending from duty any Colombian Armed Forces personnel who have committed such violations or who have aided and abetted paramilitary groups; (3) the Colombian Armed Forces and Colombian Government are cooperating with civilian authorities in investigating, prosecuting, and punishing such violators; (4) the Government of Colombia has agreed to and is implementing a strategy to eliminate its total coca and opium poppy production by 2005; and (5) 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. Provides a waiver for such requirements if the President determines and certifies to the appropriate congressional committees that it is in the national security interest of the United States.
(Sec. 3202) Directs the President to report to specified congressional committees on the current U.S. policy and strategy regarding U.S. counternarcotics assistance for Colombia and neighboring countries.
(Sec. 3203) Directs the Secretary of State, during the period that resources are made available for Plan Colombia, to report to specified congressional committees on the extradition of narcotics traffickers. Defines Plan Colombia as 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. 3204) Bars the use of appropriated funds under any Act, with specified exceptions, for support of Plan Colombia until: (1) the President reports to Congress requesting the availability of such funds; and (2) Congress enacts a joint resolution approving the request.
Bars the use of appropriated funds under this or any Act, with specified exceptions, for the assignment in Colombia of U.S. military personnel that would cause the number of such personnel to exceed 500, or the employment of any U.S. civilians as contractors in support of Plan Colombia that would cause their number to exceed 300. Authorizes the President to waive such limitations.
(Sec. 3205) Bars the use of funds made available in any Act for the Department of State for issuance of visas to persons who have been credibly alleged to have provided support to the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), or the United Colombian Self Defense Organization (AUC). Makes such prohibition inapplicable if entry is necessary for medical reasons or to prosecute such a person in the United States or if the person has cooperated fully with the investigation of crimes committed by individuals associated with such groups. Provides for a waiver of such limitation in the national interest.
(Sec. 3206) Subjects supplemental appropriations for population planning to certain limits and restrictions.
(Sec. 3207) Makes assistance available for Colombia for FY 2000 and 2001 only if the Secretary of State certifies to the appropriate congressional committees that the U.S. Government publicly supports the military and political efforts of the Government of Colombia, consistent with certain human rights requirements, necessary to effectively resolve conflicts with the guerrillas and paramilitaries that threaten the territorial integrity, economic prosperity, and rule of law in Colombia.
Chapter 3: Military Construction, Defense-Wide
- Makes additional FY 2001 appropriations (to remain available through FY 2004) for defense-wide military construction.
Title IV: Lewis and Clark Rural Water System
-Lewis and Clark Rural Water System Act of 2000 - Directs the Secretary of the Interior to make grants to the Lewis and Clark Rural Water System, Inc., a nonprofit corporation, for the planning and construction of the Lewis and Clark Rural Water Project to provide service to specified counties in South Dakota, Minnesota, and Iowa. Prohibits the obligation of funds for construction until: (1) the requirements of the National Environmental Policy Act of 1969 are met; and (2) 90 days after a final engineering report and a water conservation program plan are submitted.
(Sec. 4104) Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the Project be on an acre-for-acre basis, based on ecological equivalency, concurrent with Project construction.
(Sec. 4105) Requires the Western Area Power Administration to make available, at the firm power rate, the capacity and energy required to meet the pumping and incidental operational requirements of the Project from May 1 through October 31 of each year from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri Basin program.
Makes the portions of the Project constructed with assistance under this title eligible to receive firm power from the program for operation during such period of each year, for as long as the System operates on a not-for-profit basis.
(Sec. 4108) Specifies the Federal and non-Federal share of Project costs. Requires the Secretary to provide funds for the city of Sioux Falls, South Dakota, equal to 50 percent of the incremental cost of its participation in the Project.
(Sec. 4109) Authorizes the Secretary, at the request of the System, to allow the Bureau of Reclamation to provide Project construction oversight to the Project.
(Sec. 4110) Specifies that the System shall retain title to all Project facilities during and after construction, and shall be responsible for all operation, maintenance, repair, and rehabilitation costs.
(Sec. 4111) Authorizes appropriations.
Title V: General Provisions This Division
- Repeals provisions of law that require payment of: (1) basic pay and allowances for members of the Air Force, Army, Marine Corps, and Navy for the pay period ending on September 30, 2000, no earlier than October 1, 2000; and (2) pay of Federal employees that would be payable on September 29 or 30, 2000, for the preceding pay period on October 1, 2000.
(Sec. 5104) Repeals a provision of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000 that withholds the obligation of specified Department of HHS funds until certain dates.
(Sec. 5105) Repeals provisions of the Balanced Budget Act of 1997 that: (1) designate the delivery date for Supplemental Security Income benefit payments under the Social Security Act for October 2000; and (2) make inapplicable a certain requirement that veterans' benefits be paid on the Friday immediately preceding a Saturday, Sunday, or legal holiday in the case of benefit payments otherwise payable on Sunday, October 1, 2000.
(Sec. 5107) Prohibits a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to eliminate a FY 2000 breach or reductions in discretionary spending limits for FY 2001 that might be caused by appropriations or other provisions of this Act.
(Sec. 5108) Makes provisions of the Congressional Budget Act of 1974 that require a point of order against consideration of legislation that exceeds discretionary spending limits inapplicable in the Senate with respect to FY 2001.
(Sec. 5109) Amends
H. Con. Res. 290
(106th Congress) (congressional budget resolution) to reduce the limit on outlays for the defense category for FY 2001 by $2 billion and increase the amount of the limit on outlays for nondefense spending by the same amount.
Division C: Cerro Grande Fire
- Cerro Grande Fire Supplemental -
Title I: Cerro Grande Fire Assistance Act
- Cerro Grande Fire Assistance Act - Entitles persons suffering injury or loss of property, or personal injury or death, as a result of the Cerro Grande, New Mexico, fire (the fire resulting from the National Park Service's prescribed burn at Bandelier National Monument, New Mexico, on May 4, 2000) to receive from the United States: (1) compensation for injury suffered as a result of such fire; and (2) damages described in this Act.
Establishes an Office of Cerro Grande Fire Claims within the Federal Emergency Management Agency (FEMA) to receive, process, and pay claims in accordance with this title. Authorizes the FEMA Director to appoint an Independent Claims Manager to head the Office and assume the Director's duties under this title.
Provides for submission of claims no later than two years after the date regulations are first promulgated under this Act. Requires the Director, on behalf of the United States, to investigate, determine, grant, deny, or settle any claim for money damages asserted by an injured person. Applies the laws of the State of New Mexico to the calculation of damages. Limits payments under this title to actual compensatory damages measured by injuries suffered and excludes interest before settlement or payment of a claim or punitive damages.
Requires the Director, no later than 180 days after a claim is submitted, to determine and fix the amount to be paid for the claim. Provides for the payment of subrogation claims only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees. Requires the Director, to prevent recovery by a claimant in excess of actual compensatory damages, to reduce the amount to be paid for the claim by an amount equal to the total of insurance benefits or other payments or settlements to be paid with respect to the claim. Authorizes a claimant, if a partial payment is received, but further payment on a claim is denied, to seek judicial review and keep any received payment unless the claimant was ineligible for, or fraudulently procured, the compensation.
Describes allowable damages, including uncompensated property, business, and financial losses.
Requires the acceptance by a claimant of any payment under this title (except a partial or advance payment) to: (1) be final and conclusive on the claimant (but not any subrogee) with respect to claims relating to the same subject matter; (2) constitute a complete release of claims against the United States under the Federal Tort Claims Act or any other Federal or State law; and (3) include a certification by the claimant that such claim is true and correct.
Provides for promulgation and publication of regulations and dissemination of information on the rights conferred under this title and regulatory requirements through newspapers and other media.
Authorizes injured persons to elect to seek compensation from the United States for injuries resulting from the Cerro Grande fire by: (1) submitting a claim under this title; (2) filing a claim or bringing a civil action under the Federal Tort Claims Act; or (3) bringing a civil action under any other law. Makes such election final and conclusive on the claimant with respect to all such injuries suffered.
Requires the Director to establish procedures under which a dispute regarding a claim may be settled by arbitration. Provides that arbitration shall be binding and preclude any exercise of the right to judicial review of a claim.
Authorizes civil actions to be brought in the district court for New Mexico by claimants aggrieved by the Director's final decision under this title.
Limits attorney's or agent fees to ten percent of the amount of any payment on a claim for services rendered in connection with a claim. Provides for fines for violations of such limitation.
Provides that State or local projects carried out in response to the Cerro Grande fire under any Federal program that applies to an area affected by the fire shall not be subject to matching fund requirements. Makes the Federal cost share of such projects 100 percent.
Describes requirements for compensation to Indians and Indian tribes under this title, including that Indians shall be entitled to proceed in the same manner as any other injured person and that the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the fire except land that is the subject of the claim.
Requires the Director to report annually to Congress on claims submitted under this title.
Authorizes appropriations. Prohibits funds provided to FEMA for disaster relief from being used to carry out this Act. Appropriates funds for the Office and the payment of claims.
Title II: Cerro Grande Fire Emergency Supplemental Appropriations
- Makes additional amounts available for the Department of Agriculture for: (1) the Farm Service Agency for the emergency conservation program to rehabilitate farmland damaged from fires resulting from prescribed Federal burnings which resulted in unintended damage to farmlands and other lands; and (2) the Natural Resources Conservation Service for watershed and flood prevention operations for the emergency watershed protection program to repair damages to waterways and watersheds resulting from prescribed Federal burnings and other natural occurrences.
Provides funds for the Department of Energy (DOE) for damaged DOE facilities and other expenses associated with the Cerro Grande fire.
Makes an additional amount available to the Department of the Interior for the Bureau of Indian Affairs for the operation of Indian programs for emergency restoration, rehabilitation, and reforestation of tribal lands and facilities of the Pueblos of Santa Clara and San Ildefonso damaged by the Cerro Grande fire.
(Sec. 2101) Requires the Secretary of the Interior to allow enrolled members of the Pueblos of San Ildefonso and Santa Clara to collect plants and mineral resources within the Bandelier National Monument for traditional and cultural uses.
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Bill titles: 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.; 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.; Cerro Grande Fire Assistance Act; Cerro Grande Fire Supplemental; Emergency Supplemental Act, 2000; Lewis and Clark Rural Water System Act of 2000; Military Construction Appropriations Act, 2001
Links for more info on the vote: congress.gov