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Introduced in Senate (05/09/2000)

Military Construction Appropriations Act, 2001 - Division 1 - 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, Navy, and Air Force Reserves; (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. 125) Rescinds specified amounts of unobligated funds provided in previous military construction appropriations Acts from the following accounts: (1) Army, Navy, Air Force, and DOD military construction; and (2) Army, Navy, and Air Force family housing.

Division 2 - 2000 Emergency Supplemental Appropriations Act for Counternarcotics Activities, Peacekeeping Operations, and Other National Security Matters - Title I: Counternarcotics - Chapter 1: Department of Defense Military - Makes additional funds available for: (1) Army aircraft procurement; and (2) defense drug interdiction and counter-drug activities.

Makes a limited amount available out of amounts appropriated in this Act for DOD 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 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.

Chapter 2: Military Construction, Defense-Wide - Provides additional funds for defense-wide military construction.

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 operations conducted at FOL are in accordance with standard operating procedures. Bars providing funds under this Act unless such reporting requirements are met.

Chapter 3: Department of Transportation - Makes additional funds available for: (1) Coast Guard operating expenses; (2) acquisition, construction, renovation, and improvement of facilities and equipment for expansion of Coast Guard drug interdiction activities; and (3) operating, maintenance, and training expenses of the Coast Guard Reserve.

Title II: Peacekeeping Operations in 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 Army 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; and (3) the Defense Health Program.

(Sec. 2101) 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.

(Sec. 2102) Appropriates additional funds for the Defense-Wide Working Capital Fund for price increases resulting from worldwide increases in the price of petroleum.

(Sec. 2103) Makes additional appropriations for the Defense Health Program.

(Sec. 2104) 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. 2105) 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 date.

(Sec. 2106) 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. 2108) 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. 2109) Requires all funds appropriated by any Act for LHD-8 to be made available for obligation within 15 days of this Act's enactment date.

(Sec. 2110) 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. 2111) 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 NMD Program.

Chapter 2: Department of Energy - Provides additional funds for the Department of Energy for atomic energy weapons activities and other defense activities.

Chapter 3: Military Construction, Defense-Wide - Provides additional funds for: (1) defense-wide military construction; (2) Army National Guard military construction for costs arising from the consequences of Hurricane Georges; and (3) Army Reserve military construction for costs arising from the consequences of Hurricane Floyd.

(Sec. 2301) Appropriates additional funds to DOD to cover incremental O&M costs to family housing.

(Sec. 2303) 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.

Chapter 4: General Provisions This Division - Repeals a provision of law that requires payment of 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.

(Sec. 2403) Rescinds a specified amount of funds in the nondefense, general purpose category to Federal agencies for information technology programs.

(Sec. 2404) Deems funds made available in this Act for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947.

(Sec. 2405) Repeals certain provisions regarding progress payments and payment procedures of the Department of Defense Appropriations Act, 2000.

(Sec. 2406) Prescribes a three-year term of office for the first person appointed as Under Secretary for Nuclear Security of the Department of Energy.

(Sec. 2409) Authorizes the President to award the Medal of Honor to: (1) Ed W. Freeman for actions during the Vietnam War on November 14, 1965, while serving as a Captain in Alpha Company, 229th Assault Helicopter Battalion, 101st Cavalry Division (Airmobile) during the Battle of the Ia Drang Valley in the Republic of Vietnam; (2) James K. Okubo for actions during World War II on October 28 and 29 and November 4, 1944, while serving as an Army medic in the medical detachment, 442d Regimental Combat Team at Foret Domaniale de Champ, near Biffontaine, France; and (3) Andrew J. Smith for actions during the Civil War on November 30, 1864, while serving as a corporal in the 55th Massachusetts Voluntary Infantry Regiment during the Battle of Honey Hill in South Carolina.

Authorizes such Medals of Honor to be awarded posthumously and for service for which a Silver Star or other award has been awarded.

(Sec. 2410) Bars funds made available under any provision of law from being available for the continued deployment of U.S. ground combat troops in Kosovo after July 1, 2001, unless and until: (1) the President submits a report to Congress containing a request for specific authorization for the continued deployment, describing progress made in implementing a plan under which other countries will provide ground troops necessary to execute Operation Joint Guardian or a successor operation, and containing information on the total number of troops involved in peacekeeping operations in Kosovo, the number of U.S. troops involved, and the percentage of the total troop burden that the United States is bearing; and (2) Congress enacts a joint resolution specifically authorizing the continued deployment of U.S. ground combat troops in Kosovo. Makes such prohibition inapplicable to the continued deployment in Kosovo of such number of U.S. troops necessary to: (1) conduct a safe, orderly, and phased withdrawal of U.S. ground forces from Kosovo in the event that the continued deployment of such troops is not specifically authorized by statute; or (2) protect U.S. diplomatic facilities in Kosovo in existence as of this Act's enactment date.

Authorizes presidential waivers of such prohibition for periods of up to 90 days each, absent specific statutory authorization, in the event that: (1) the armed forces are involved in hostilities in Kosovo or that imminent involvement by the armed forces is clearly indicated by the circumstances; or (2) NATO, acting through the Supreme Allied Commander, Europe, requests the emergency introduction of U.S. ground forces into Kosovo to assist other military forces involved in hostilities or facing imminent involvement in hostilities. Prohibits the exercise of such authority more than twice unless Congress enacts a law specifically authorizing the additional exercise of the authority.

Requires the President, absent specific statutory authorization and whenever there is a deployment of 25 or more members of the U.S. armed forces to Kosovo after July 1, 2001, pursuant to a waiver described above, to report to Congress regarding the deployment within 96 hours of its beginning.

Directs the President to develop a plan, by which NATO member countries, with the exception of the United States, and appropriate non-NATO countries will provide, not later than July 1, 2001, all ground combat troops necessary to execute Operation Joint Guardian or a successor operation in Kosovo. Requires the final plan for the achievement of objectives to be submitted to Congress by May 1, 2001.

Requires the President to report every 30 days to Congress on the total number of troops involved in peacekeeping operations in Kosovo, the number of U.S. troops involved, and the percentage of the total troop burden that the United States is bearing.

Directs the President to report to Congress every three months on: (1) the total amount of funds that the United States has expended on peacekeeping operations in Kosovo and the percentage of the total contributions by all countries to such operations that the United States is bearing; and (2) the progress that each other country participating in such operations is making on meeting its financial commitments, its manpower commitments to the international civilian police force in Kosovo, and its troop commitments to such operations.

Prohibits the obligation of more than 75 percent of amounts appropriated by this Act for FY 2000 military operations in Kosovo until the President certifies to Congress that the European Commission, the member nations of the European Union, and the European member nations of NATO have met specified funding and police deployment obligations with respect to Kosovo. Requires the President, together with such certification, to report to Congress on: (1) commitments and pledges made by each such organization and nation for reconstruction and humanitarian assistance in Kosovo, the Kosovo Consolidated Budget, and police for the United Nations international police force for Kosovo; (2) the amount of assistance that has been provided in each category and the number of police that have been deployed to Kosovo by each such organization or nation; and (3) the full range of commitments and responsibilities that have been undertaken for Kosovo by the United Nations, the European Union, and the Organization for Security and Cooperation in Europe, the progress made by those organizations in fulfilling those commitments and responsibilities, an assessment of the tasks that remain to be accomplished, and an anticipated schedule for completing those tasks. Provides that if the President fails to submit such certification and report before July 15, 2000, then the amount appropriated for military operations in Kosovo that remains unobligated shall be available only for purposes of conducting a safe, orderly, and phased withdrawal of U.S. military personnel from Kosovo unless Congress enacts a joint resolution allowing that amount to be used for other purposes. Prohibits other amounts appropriated for DOD in any Act from being obligated to continue the deployment of U.S. military personnel in Kosovo if Congress fails to enact such resolution.

Prescribes specific definitions of "joint resolution" for purposes of this Act.