79–008

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–621

PROVIDING FOR THE CONSIDERATION OF H.R. 4205, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL

YEAR 2001

MAY 17 (legislative day, MAY 16), 2000.—Referred to the House Calendar and

ordered to be printed

Mrs. MYRICK, from the Committee on Rules,

submitted the following

REPORT

[To accompany H. Res. 503]

The Committee on Rules, having had under consideration House

Resolution 503, by a nonrecord vote, report the same to the House

with the recommendation that the resolution be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of H.R. 4205, the

National Defense Authorization Act for FY 2001, under a structured rule. The rule provides one hour of general debate divided

equally between the chairman and ranking minority member of the

Committee on Armed Services.

The rule waives all points of order against consideration of the

bill. The rule provides that it shall be in order to consider as an

original bill for the purpose of amendment, the amendment in the

nature of a substitute recommended by the Committee on Armed

Services now printed in the bill. The rule waives all points of order

against the committee amendment in the nature of a substitute.

The rule further provides that no amendment to the committee

amendment in the nature of a substitute shall be in order except

those printed in this report or specified by a subsequent order of

the House, amendments en bloc described in section 3 of the resolution, and pro forma amendments offered by the chairman or ranking minority member of the Committee on Armed Services for the

purpose of debate.

The rule provides that, except as specified in section 5 of the resolution, each amendment printed in this report shall be considered

only in the order printed in this report, may be offered only by a

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Member designated in this report, shall be considered as read, and

shall not be subject to a demand for division of the question in the

House or in the Committee of the Whole. The rule further provides

that, unless otherwise specified in this report, each amendment

printed in this report shall be debatable for 10 minutes equally divided and controlled by the proponent and an opponent and shall

not be subject to amendment (except that the chairman and ranking minority member of the Committee on Armed Services each

may offer one pro forma amendment for the purpose of debate on

any pending amendment).

The rule waives all points of order against the amendments

printed in this report or amendments en bloc described in section

3 of the resolution. The rule provides that it shall be in order at

any time for the chairman of the Committee on Armed Services or

his designee to offer amendments en bloc consisting of amendments

printed in this report not earlier disposed of or germane modifications of any such amendment, which shall be considered as read

(except that modifications shall be reported), shall be debatable for

40 minutes equally divided and controlled by the chairman and

ranking minority member of the Committee on Armed Services or

their designees, shall not be subject to amendment, and shall not

be subject to a demand for a division of the question in the House

or in the Committee of the Whole. The rule provides that, for the

purpose of inclusion in such amendments en bloc, an amendment

printed in the form of a motion to strike may be modified to the

form of a germane perfecting amendment to the text originally proposed to be stricken. The rule further provides that the original

proponent of an amendment included in such amendments en bloc

may insert a statement in the Congressional Record immediately

before the disposition of the amendments en bloc.

The rule allows the Chairman of the Committee of the Whole to

postpone votes during consideration of the bill and to reduce voting

time to five minutes on a postponed question if the vote follows a

fifteen minute vote. The rule allows the Chairman of the Committee of the Whole to recognize for the consideration of any

amendment printed in this report out of the order printed, but not

sooner than one hour after the chairman of the Committee on

Armed Services or a designee announces from the floor a request

to that effect. Finally, the rule provides that, after disposition of

the amendments printed in this report, the Committee of the

Whole shall rise without motion and no further consideration of the

bill shall be in order except pursuant to a subsequent order of the

House.

SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE ON

H.R. 4205—NATIONAL DEFENSE AUTHORIZATION ACT, FY 2001

1. Kasich/Shays/Frank/Condit/Bachus: Makes the U.S. ground

forces in Kosovo conditional on presidentially-certified progress by

our European allies. Requires the President, before April 1, 2001,

to submit a report on commitment and delivery of certain types of

aid to Kosovo by the European Commission, members of the European Union, and European members of NATO. The President must

also certify by that date that these nations and organizations have

met a specified percentage of their aid pledges. (60 minutes)

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2. Frank/Luther: Reduces the total Defense authorization by 1%

from the amount proposed in the bill. In carrying out such a reduction, no cuts can be made in the operations and maintenance accounts or from personnel accounts. (20 minutes)

3. Dreier/Skelton/Gilman/Tauscher: Shortens the waiting period

from 180 days to 60 days for Congress to review a proposed adjustment in the performance level that defines high-speed computers

and excludes any days in which the House or Senate is in sine die

adjournment. (40 minutes)

4. Luther/Ramstad/Frank: Concludes further production of the

Trident II (D–5) submarine-launched ballistic missile. (10 minutes)

5. Hunter: Requires the Secretary of Defense to submit a report

detailing the economic analysis on the benefits of incrementally

funding the CVN(X) class of carriers and the LHD class of ships.

(10 minutes)

6. Underwood: Defines the term ‘‘United States’’ in a geographic

sense to mean ‘‘the 50 states, the District of Columbia, and any

Commonwealth, territory, or possession of the United States’’ for

the scope of the reports required by section 233, which requires reports on the ballistic missile threat posed by North Korea. (10 minutes)

7. Hansen: Clarifies that section 312 of the bill is intended only

to protect future flexibility of DoD airspace to accomplish low-level

training. (10 minutes)

8. McKeon: Funds a study, plan and design for clean-up of perchlorates in the City of Santa Clarita, California, resulting from

munitions development and production for the Department of Defense. (10 minutes)

9. Fowler: Clarifies that the Secretary of Defense may delegate

the authority to submit reports required by Section 364 only to the

Deputy Undersecretary of Defense of Installations or his superiors

in the DoD. (10 minutes)

10. Sanford: Eliminates 10 U.S.C. Sec. 381 and 10 U.S.C. 2576a

which authorize the Secretary of Defense to convey surplus military property to local governments at less than fair market prices.

(10 minutes)

11. Buyer: Makes technical corrections to the Army National

Guard’s selective reserve, active-guard and reserve (AGR), and

military technician (dual status) end strengths for fiscal year 2001.

(10 minutes)

12. Camp: Authorizes service Secretaries to specify a later time

of death for disability retirement purposes for members of the

armed services who die in civilian medical facilities. The amendment requires that the time of death determined by the service

Secretary be consistent with the time of death that would be determined if the member had died in a military facility which shall not

be later than 48 hours after the time of death determined by the

civilian medical facility. (10 minutes)

13. Stearns: Makes coverage and reimbursement for physical and

occupational therapy by TRICARE comparable to other entities

providing the same benefits. (10 minutes)

14. Stenholm/Thune: Improves access to health care under the

TRICARE system by eliminating non-availability statements (NAS)

and pre-authorization requirements for TRICARE standard beneVerDate 11-MAY-2000 13:02 May 17, 2000 Jkt 079008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\A621HR.001 pfrm07 PsN: A621HR
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ficiaries to receive care; and eliminates the requirement for an NAS

to receive care specialized treatment facilities outside the 200 miles

radius of a military facility. (10 minutes)

15. Vela ́zquez: Directs the Secretary of Defense to conduct a comprehensive study on contract bundling and its effects on small business, and develop a database containing information on all bundled

contract. (10 minutes)

16. Traficant: Requires that expenditures made under the bill

conform to the Buy American Act and expresses the Sense of Congress that entities spending funds made available through the bill

purchase American-made goods where possible and establishes

penalties for fraudulently labeling an item as ‘‘Made in America’’.

(10 minutes)

17. Bereuter: Streamlines the DoD’s management of all five Regional Centers for Strategic Studies in various parts of the world;

consolidates existing authority to waive reimbursement of certain

costs; and authorizes the employment and compensation of Regional Center directors, faculty and staff at competitive rates. (10

minutes)

18. Coburn: Requires the Secretary of Defense to develop, no

later than October 1, 2000, a comprehensive plan to ensure full

compliance by the DoD with all statutory and regulatory financial

management requirements applicable to the Department. (10 minutes)

19. Gilchrest: Urges the Secretary of Defense to pursue funding

for five additional Weapons of Mass Destruction Civil Support

Teams (WMD–CST) which will result in a total of 32 WMD–CST’s

nationwide by the end of fiscal year 2001. (10 minutes)

20. Traficant: Assigns, at the request of the Attorney General

and the Secretary of the Treasury, military personnel to assist in

patrolling our borders for weapons of mass destruction, illegal narcotics, and other terrorist or drug trafficking itmes. (10 minutes)

21. Weldon (FL): Establish a commission to review the future of

the American aerospace industry. (10 minutes)

22. Miller, Gary: Expresses the Sense of Congress that the DoD

must focus on upgrading information technology systems to allow

seamless and interoperable communications. (10 minutes)

23. Hall (OH)/Hobson: Creates a three-year pilot program permitting the Air Force to offer early outs and retirement bonuses to up

to 1,000 employees each year for the purpose of maintaining continuity of skills among employees and to hire workers with critically needed technical skills. (10 minutes)

24. Hunter: Requires the Secretary of Defense to submit a report

regarding the cost associated with Operation Allied Force. (10 minutes)

25. Skelton: Requires the Comptroller General to conduct a study

on the value to American national security interests of the engagement of our military forces in Europe and from military strategies

employed to shape the international security environment in Europe. (10 minutes)

26. Fowler: Expresses the Sense of Congress that the Secretary

of Defense has not complied with the requirements in the bill

which require him to publish and update a list of Communist Chinese military companies operating in the U.S. (10 minutes)

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27. Largent: Strikes subsection 2 of Section 2813 which authorizes the competitive privatization of military utilities distribution

patterns. (10 minutes)

28. Ryun: Enables the Dept. of the Army and the Kansas Commission on Veterans Affairs to agree to a transfer of property at Ft.

Riley, KS for the purpose of establishing a State-operated veterans

cemetery. (10 minutes)

29. Baird: Provides for the transfer of the U.S. Army Barracks

at Fort Vancouver in Washington to the City of Vancouver. (10

minutes)

30. Hefley: Authorizes the Secretary of the Air Force to convey,

without consideration, or to lease approximately 23 acres at the

former Lowry Air Force Base, Colorado, to the Lowry Redevelopment Authority for the furtherance of economic development and

other public purposes. (10 minutes)

31. Hastings (WA): Designate the tank waste remediation system

environmental project in Richland, Washington as the ‘‘River Protection Project’’. (10 minutes)

32. Hayes: Ensures that Section 3157 of the National Defense

Authorization Act of 1998 is consistent with Section 1211 of that

same Act regarding export control thresholds for computer exports

to Tier III countries. (10 minutes)

33. Udall (CO) Allows DoE to authorize additional accumulation

of annual leave; payment of lump-sum retention allowances; details

of employees to other duties; and voluntary separation incentive

payments. (10 minutes)

34. Lampson: Amends the Maritime Administration (MARAD) section of the bill to release a promissory note of $196,490.75 to

MARAD, provided the Offshore Energy Center continues to operate

the rig as a public museum. (10 minutes)

35. Bryant: Amends the section of the bill creating a new sentence in the Uniform Code of Military Justice (UCMJ) of life without parole and clarifies that Congress’ intent in creating a life

without parole sentence in the UCMJ was that clemency would not

apply. (10 minutes)

TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KASICH OF

OHIO, OR REPRESENTATIVE SHAYS OF CONNECTICUT, OR A DES- IGNEE, DEBATABLE FOR 60 MINUTES

At the end of title XII (page 338, after line 13), insert the following new section:

SEC. 1205. ACTIVITIES IN KOSOVO.

(a) CONTINGENT REQUIRED WITHDRAWAL OF FORCES FROM

KOSOVO.—If the President does not submit to Congress a certification under subsection (c) and a report under subsection (d) before

April 1, 2001, then, effective on April 1, 2001, funds appropriated

or otherwise made available to the Department of Defense may not

be obligated or expended for the continued deployment of United

States ground combat forces in Kosovo. Such funds shall be available with respect to Kosovo only for the purpose of conducting a

safe, orderly, and phased withdrawal of United States ground combat forces from Kosovo, and no other amounts appropriated for the

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Department of Defense in this Act or any other Act may be obligated to continue the deployment of United States ground combat

forces in Kosovo. In that case, the President shall submit to Congress, not later than April 30, 2001, a report on the plan for the

withdrawal.

(b) WAIVER AUTHORITY.—(1) The President may waive the provisions of subsection (a) for a period or periods of up to 90 days each

in the event that—

(A) United States Armed Forces are involved in hostilities in

Kosovo or imminent involvement by United States Armed

forces in hostilities in Kosovo is clearly indicated by the circumstances; or

(B) the North Atlantic Treaty Organization, acting through

the Supreme Allied Commander, Europe, requests emergency

introduction of United States ground forces into Kosovo to assist other NATO or non-NATO military forces involved in hostilities or facing imminent involvement in hostilities.

(2) The authority in paragraph (1) may not be exercised more

than twice unless Congress by law specifically authorizes the additional exercise of that authority.

(c) CERTIFICATION.—(1) Whenever the President determines that

the Kosovo burdensharing goals set forth in paragraph (2) have

been achieved, the President shall certify in writing to Congress

that those goals have been achieved.

(2) The Kosovo burdensharing goals referred to in paragraph (1)

are that the European Commission, the member nations of the European Union, and the European member nations of the North Atlantic Treaty Organization have, in the aggregate—

(A) obligated or contracted for at least 50 percent of the

amount of the assistance that those organizations and nations

committed to provide for 1999 and 2000 for reconstruction in

Kosovo;

(B) obligated or contracted for at least 85 percent of the

amount of the assistance that those organizations and nations

committed for 1999 and 2000 for humanitarian assistance in

Kosovo;

(C) provided at least 85 percent of the amount of the assistance that those organizations and nations committed for 1999

and 2000 for the Kosovo Consolidated Budget; and

(D) deployed at least 90 percent of the number of police, including special police, that those organizations and nations

pledged for the United Nations international police force for

Kosovo.

(d) REPORT ON COMMITMENTS AND PLEDGES BY OTHER NATIONS

AND ORGANIZATIONS.—The President shall submit to Congress a report containing detailed information on—

(1) the commitments and pledges made by the European

Commission, each of the member nations of the European

Union, and each of the European member nations of the North

Atlantic Treaty Organization for reconstruction assistance in

Kosovo, humanitarian assistance in Kosovo, the Kosovo Consolidated Budget, and police (including special police) for the

United Nations international police force for Kosovo;

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(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 (OSCE), 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.

(e) CONSTRUCTION OF SECTION.—Nothing in this section shall be

deemed to restrict the authority of the President under the Constitution to protect the lives of United States citizens.

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FRANK OF

MASSACHUSETTS, OR REPRESENTATIVE LUTHER OF MINNESOTA, OR

A DESIGNEE, DEBATABLE FOR 20 MINUTES

At the end of subtitle A of title X (page 302, after line 11), insert

the following new section:

SEC. 1006. ONE PERCENT REDUCTION IN FUNDING.

The total amount obligated from amounts appropriated pursuant

to authorizations of appropriations in this Act may not exceed the

amount equal to the sum of such authorizations reduced by one

percent. In carrying out reductions required by the preceding sentence, no reduction may be made from amounts appropriated for

operation and maintenance or from amounts appropriated for military personnel.

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DREIER OF

CALIFORNIA, OR REPRESENTATIVE SKELTON OF MISSOURI, OR A

DESIGNEE, DEBATABLE FOR 40 MINUTES

At the end of title XII (page 338, after line 13), add the following:

SEC. 1205. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS OF HIGH PERFORMANCE COMPUTERS.

(a) LAYOVER PERIOD FOR NEW PERFORMANCE LEVELS.—Section

1211 of the National Defense Authorization Act for Fiscal Year

1998 (50 U.S.C. app. 2404 note) is amended—

(1) in the second sentence of subsection (d), by striking ‘‘180’’

and inserting ‘‘60’’; and

(2) by adding at the end the following:

‘‘(g) CALCULATION OF 60-DAY PERIOD.—The 60-day period referred to in subsection (d) shall be calculated by excluding the days

on which either House of Congress is not in session because of an

adjournment of the Congress sine die.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection (a)

shall apply to any new composite theoretical performance level established for purposes of section 1211(a) of the National Defense

Authorization Act for Fiscal Year 1998 that is submitted by the

President pursuant to section 1211(d) of that Act on or after the

date of the enactment of this Act.

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4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUTHER OF

MINNESOTA, OR REPRESENTATIVE RAMSTAD OF MINNESOTA, OR A

DESIGNEE

At the end of subtitle C of title I (page 27, after line 24), insert

the following new section:

SEC. ll. DISCONTINUATION OF PRODUCTION OF TRIDENT II (D–5)

MISSILES.

(a) PRODUCTION TERMINATION.—Funds appropriated for the Department of Defense for fiscal years after fiscal year 2001 may not

be obligated or expended to commence production of additional Trident II (D–5) missiles.

(b) AUTHORIZED SCOPE OF TRIDENT II (D–5) PROGRAM.—Amounts

appropriated for the Department of Defense may be expended for

the Trident II (D–5) missile program only for the completion of production of those Trident II (D–5) missiles which were commenced

with funds appropriated for a fiscal year before fiscal year 2002.

(c) FUNDING REDUCTION.—The amount provided in section 102

for weapons procurement for the Navy is hereby reduced by

$472,900,000.

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUNTER OF

CALIFORNIA, OR A DESIGNEE

At the end of subtitle C of title I (page 27, after line 24), insert

the following new section:

SEC. 125. ECONOMIC ANALYSIS OF CERTAIN SHIPBUILDING PROGRAMS.

(a) ECONOMIC ANALYSIS.—The Secretary of Defense, in consultation with the Secretary of the Navy, shall conduct an economic

analysis—

(1) on the benefits of spreading the budget for the CVN(X)

class of aircraft carriers over a six-year period, or the optimum

number of years, to provide a stable budget; and

(2) on the program profile and the budget for the next LHD

of the class over a three-year period, or the optimum number

of years, beginning in fiscal year 2002.

(b) SUBMISSION TO CONGRESSIONAL COMMITTEES.—The Secretary

shall submit the analysis to the congressional defense committees

not later than February 1, 2001. The analysis shall include the following:

(1) The economic effect of stabilizing the annual budget process for the Shipbuilding and Conversion, Navy, account by dividing the expected total funding for each class of ship and

spreading it equally over six years, or the optimum number of

years and funding profile, for the CVN(X) class, and three

years, or the optimum profile, for the LHD class.

(2) The benefits the budgeting method described in paragraph (1) could have on providing greater budget and production stability in other shipbuilding programs in the plan.

(3) A determination as to whether such budgeting method

would facilitate the ability of the Navy to acquire vessels in

those classes less expensively and when needed.

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(4) The effect of entering into a contract with the shipbuilder

in the year in which the first increment of funding is provided

and the potential cost savings to the program as a result of the

shipbuilder having greater certainty and stability in the planning and production schedule.

(5) A recommendation on the safeguards that would have to

be put in place to preclude reprogramming of funds for those

programs.

(6) A list of all laws, regulations, and other impediments that

would have to be amended or modified to effectively implement

such a funding approach for those ship classes.

6. AN AMENDMENT TO BE OFFERED BY DELEGATE UNDERWOOD OF

GUAM, OR A DESIGNEE

Page 40, line 14, strike ‘‘50 States’’ and insert ‘‘United States’’.

Page 41, after line 15, insert the following:

(c) DEFINITION.—For purposes of this section, the term ‘‘United

States’’, when used in a geographic sense, means the 50 States, the

District of Columbia, and any Commonwealth, territory, or possession of the United States.

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HANSEN OF

UTAH, OR A DESIGNEE

Page 51, line 13, strike the period at the end and insert the following: ‘‘for such special use airspace and the use of such special

use airspace established in such environmental impact statements.’’.

Page 51, lines 14 and 15, strike ‘‘OF NETWORK’’ and insert ‘‘FOR

LOW-LEVEL FLIGHT TRAINING’’.

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKEON

OF CALIFORNIA, OR A DESIGNEE

At the end of subtitle B of title III (page 53, after line 12), insert

the following new section:

SEC. ll. FINDINGS AND SENSE OF CONGRESS REGARDING ENVIRONMENTAL RESTORATION OF FORMER DEFENSE MANUFACTURING SITE, SANTA CLARITA, CALIFORNIA.

(a) FINDINGS.—The Congress finds the following:

(1) A former private sector munitions plant may have demonstratively impacted the environment of a 1,000-acre site in

Santa Clarita, California.

(2) Munitions and rocket propellant manufactured at this

site for over 60 years may have contributed to various contaminants including, but not limited to, perchlorates and various

volatile organic compounds.

(3) The munitions plant used materials and production methods in support of purchase orders from the Department of Defense to meet the national security interests of the United

States at the time.

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(4) The Santa Clarita site serves a unique role in the future

of the community and is the cornerstone to many public benefits, including reduction in transportation congestion, access to

much-needed schools, future local government centers, assurance of quality drinking water, more than 400 acres of public

space, and affordable housing.

(b) SENSE OF CONGRESS.—It is the sense of the Congress that—

(1) every effort should be made to apply all known public and

private sector innovative technologies to restore the Santa

Clarita site to productive use; and

(2) the experience gained from this site by the private and

public sector partnerships has the potential to pay dividends

many times over.

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOWLER OF

FLORIDA, OR A DESIGNEE

Page 80, line 14, insert ‘‘only’’ after ‘‘may be delegated’’.

Page 81, line 15, insert before the period the following: ‘‘or to an

official in the Office of the Secretary of Defense senior to that Deputy Under Secretary’’.

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SANFORD

OF SOUTH CAROLINA, OR A DESIGNEE

At the end of title III (page 82, after line 14), insert the following

new section:

SEC. ll. REPEAL OF AUTHORITY FOR LESS-THAN-FAIR-MARKETVALUE TRANSFERS OF PROPERTY FOR LAW ENFORCEMENT ACTIVITIES.

(a) PROVISIONS REPEALED.—Sections 381 and 257a of title 10,

United States Code, are repealed.

(b) CLERICAL AMENDMENTS.—(1) The table of sections at the beginning of chapter 18 of such title is amended by striking the item

relating to section 381.

(2) The table of sections at the beginning of chapter 153 of such

title is amended by striking the item relating to section 2576a.

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BUYER OF

INDIANA, OR A DESIGNEE

Page 83, line 23, strike ‘‘350,526’’ and insert ‘‘350,706’’.

Page 85, line 11, strike ‘‘22,974’’ and insert ‘‘23,154’’.

Page 86, line 2, strike ‘‘23,129’’ and insert ‘‘23,392’’.

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CAMP OF

MICHIGAN, OR A DESIGNEE

At the end of subtitle D of title VI (page 199, after line 10), insert

the following new section:

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SEC. 643. EFFECTIVE DATE OF DISABILITY RETIREMENT FOR MEMBERS DYING IN CIVILIAN MEDICAL FACILITIES.

(a) IN GENERAL.—(1) Chapter 61 of title 10, United States Code,

is amended by inserting after section 1219 the following new section:

‘‘§ 1220. Members dying in civilian medical facilities: authority for determination of later time of death to allow

disability retirement

‘‘(a) AUTHORITY FOR LATER TIME-OF-DEATH DETERMINATION TO

ALLOW DISABILITY RETIREMENT.—In the case of a member of the

armed forces who dies in a civilian medical facility in a State, the

Secretary concerned may, solely for the purpose of allowing retirement of the member under section 1201 or 1204 of this title and

subject to subsection (b), specify a date and time of death of the

member later than the date and time of death determined by the

attending physician in that civilian medical facility.

‘‘(b) LIMITATIONS.—A date and time of death may be determined

by the Secretary concerned under subsection (a) only if that date

and time—

‘‘(1) are consistent with the date and time of death that reasonably could have been determined by an attending physician

in a military medical facility if the member had died in a military medical facility in the same State as the civilian medical

facility; and

‘‘(2) are not more than 48 hours later than the date and time

of death determined by the attending physician in the civilian

medical facility.

‘‘(c) STATE DEFINED.—In this section, the term ‘State’ includes

the District of Columbia and any Commonwealth or possession of

the United States.’’.

(2) The table of sections at the beginning of such chapter is

amended by inserting after the item relating to section 1219 the

following new item:

‘‘1220. Members dying in civilian medical facilities: authority for determination of

later time of death to allow disability retirement.’’.

(b) EFFECTIVE DATE.—(1) Section 1220 of title 10, United States

Code, as added by subsection (a), shall apply with respect to any

member of the Armed Forces dying in a civilian medical facility on

or after January 1, 1998.

(2) In the case of any such member dying on or after such date

and before the date of the enactment of this Act, any specification

by the Secretary concerned under such section with respect to the

date and time of death of such member shall be made not later

than 180 days after the date of the enactment of this Act.

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE STEARNS

OF FLORIDA, OR A DESIGNEE

At the end of title VII (page 247, after line 9), insert the following new section:

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SEC. 7ll. STUDY ON COMPARABILITY OF COVERAGE FOR PHYSICAL,

SPEECH, AND OCCUPATIONAL THERAPIES.

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct a

study comparing coverage and reimbursement for covered beneficiaries under chapter 55 of title 10, United States Code, for physical, speech, and occupational therapies under the TRICARE program and the Civilian Health and Medical Program of the Uniformed Services to coverage and reimbursement for such therapies

by insurers under medicare and the Federal Employees Health

Benefits Program. The study shall examine the following:

(1) Types of services covered.

(2) Whether prior authorization is required to receive such

services.

(3) Reimbursement limits for services covered.

(4) Whether services are covered on both an inpatient and

outpatient basis.

(b) REPORT.—Not later than March 31, 2001, the Secretary shall

submit a report on the findings of the study conducted under this

section to the Committees on Armed Services of the Senate and the

House of Representatives.

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE STENHOLM OF TEXAS, OR REPRESENTATIVE THUNE OF SOUTH DAKOTA,

OR A DESIGNEE

At the end of title VII (page 247, after line 9), insert the following new section:

SEC. 7ll. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE

TRICARE PROGRAM.

(a) WAIVER OF NONAVAILABILITY STATEMENT OR

PREAUTHORIZATION.—In the case of a covered beneficiary under

chapter 55 of title 10, United States Code, who is enrolled in

TRICARE Standard, the Secretary of Defense may not require with

regard to authorized health care services (other than mental health

services) under any new contract for the provision of health care

services under such chapter that the beneficiary—

(1) obtain a nonavailability statement or preauthorization

from a military medical treatment facility in order to receive

the services from a civilian provider; or

(2) obtain a nonavailability statement for care in specialized

treatment facilities outside the 200-mile radius of a military

medical treatment facility.

(b) NOTICE.—The Secretary may require that the covered beneficiary inform the primary care manager of the beneficiary of any

health care received from a civilian provider or in a specialized

treatment facility.

(c) EXCEPTIONS.—Subsection (a) shall not apply if—

(1) the Secretary demonstrates significant cost avoidance for

specific procedures at the affected military medical treatment

facilities;

(2) the Secretary determines that a specific procedure must

be maintained at the affected military medical treatment facility to ensure the proficiency levels of the practitioners at the

facility; or

13

(3) the lack of nonavailability statement data would significantly interfere with TRICARE contract administration.

(d) EFFECTIVE DATE—This section shall take effect on October 1,

2001.

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

VELA ́ZQUEZ OF NEW YORK, OR A DESIGNEE

At the end of title VIII (page 263, after line 2), insert the following new section:

SEC. 8ll. REQUIREMENT TO CONDUCT STUDY ON CONTRACT BUNDLING.

(a) IN GENERAL.—The Secretary of Defense shall conduct a comprehensive study on the practice known as ‘‘contract bundling’’ by

the Department of Defense, and the effects of such practice on

small business concerns, economically and socially disadvantaged

small business concerns, and small business concerns owned and

controlled by women (as such terms are used in the Small Business

Act (15 U.S.C. 632 et seq.)).

(b) DEADLINE.—The Secretary shall submit the results of the

study to the Committees on Armed Services and Small Business of

the Senate and the House of Representatives before submission of

the budget request of the Department of Defense for fiscal year

2002.

(c) DATABASE.—For purposes of conducting the study required by

this section, the Secretary shall develop, in consultation with the

General Accounting Office, and maintain a database on all contracts of the Department of Defense (excluding contracts for the

procurement of weapons systems) for which requirements have

been bundled.

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

TRAFICANT OF OHIO, OR A DESIGNEE

At the end of title VIII (page 263, after line 2), insert the following new section:

SEC. 8ll. COMPLIANCE WITH BUY AMERICAN ACT.

(a) COMPLIANCE WITH BUY AMERICAN ACT.—No funds authorized

by this Act may be expended by an entity of the Department of Defense unless the entity agrees that in expending the funds the entity will comply with the Buy American Act (41 U.S.C. 10a et seq.).

(b) SENSE OF CONGRESS REGARDING PURCHASE OF AMERICANMADE EQUIPMENT AND PRODUCTS.—It is the sense of Congress that

any entity of the Department of Defense, in expending funds authorized by this Act for the purchase of equipment or products,

should purchase only American-made equipment and products.

(c) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE OF

‘‘MADE IN AMERICA’’ LABELS.—If the Secretary of Defense determines that a person has been convicted of intentionally affixing a

label bearing a ‘‘Made in America’’ inscription, or another inscription with the same meaning, to any product sold in or shipped to

the United States that is not made in the United States, the Secretary shall determine, in accordance with section 2410f of title 10,

14

United States Code, whether the person should be debarred from

contracting with the Department of Defense.

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

BEREUTER OF NEBRASKA, OR A DESIGNEE

Page 292, line 5, strike the closing quotation marks and second

period.

Page 292, after line 5, insert the following:

‘‘(f) PROVISIONS RELATING SPECIFICALLY TO ASIA-PACIFIC CENTER.—The Secretary of Defense may waive reimbursement of the

cost of conferences, seminars, courses of instruction, or similar educational activities of the Asia-Pacific Center for Security Studies for

military officers and civilian officials of foreign nations if the Secretary determines that attendance by such personnel without reimbursement is in the national security interest of the United States.

Costs for which reimbursement is waived pursuant to this subsection shall be paid from appropriations available for the Asia-Pacific Center.’’.

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COBURN

OF OKLAHOMA, OR A DESIGNEE

At the end of subtitle A of title X (page 302, after line 11), insert

the following new section:

SEC. 10ll. REQUIREMENT FOR PLAN TO ENSURE COMPLIANCE

WITH FINANCIAL MANAGEMENT REQUIREMENTS.

(a) IN GENERAL.—(1) The Secretary of Defense shall develop a

comprehensive plan to ensure compliance by the Department of Defense, not later than October l, 2001, with all statutory and regulatory financial management requirements applicable to the Department. In developing such plan, the Secretary shall give the

same priority to achieving compliance with statutory and regulatory financial management requirements as the priority given to

ensuring that the computer systems of the Department would be

fully functional in the year 2000.

(2) Not later than January 1, 2001, the Secretary shall submit

the plan required by this subsection to the Committees on Armed

Services, the Committees on the Budget, and the Committees on

Appropriations of the Senate and the House of Representatives,

and the Comptroller General.

(b) COMPTROLLER GENERAL REPORT.—Not later than March 1,

2001, the Comptroller General shall submit to the Committees on

Armed Services and the Committees on the Budget of the Senate

and the House of Representatives, the Committee on Governmental

Affairs of the Senate, and the Committee on Government Reform

of the House of Representatives, a report on the adequacy of the

plan developed under subsection (a).

15

19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

GILCHREST OF MARYLAND, OR A DESIGNEE

At the end of title X (page 324, after line 11), insert the following

new section:

SEC. 1038. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.

During fiscal year 2001, the Secretary of Defense may establish

up to five additional teams designated as Weapons of Mass Destruction Civil Support Teams (for a total of 32 such teams), to the

extent that sources of funding for such additional teams are identified.

20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

TRAFICANT OF OHIO, OR A DESIGNEE

At the end of subtitle C of title X (page 324, after line 11), insert

the following new section:

SEC. ll. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRATION AND

NATURALIZATION SERVICE AND CUSTOMS SERVICE.

(a) ASSIGNMENT AUTHORITY OF SECRETARY OF DEFENSE.—Chapter 18 of title 10, United States Code, is amended by inserting after

section 374 the following new section:

‘‘§ 374a. Assignment of members to assist border patrol and

control

‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission of a request

consistent with subsection (b), the Secretary of Defense may assign

members of the Army, Navy, Air Force, and Marine Corps to

assist—

‘‘(1) the Immigration and Naturalization Service in preventing the entry of terrorists and drug traffickers into the

United States; and

‘‘(2) the United States Customs Service in the inspection of

cargo, vehicles, and aircraft at points of entry into the United

States to prevent the entry of weapons of mass destruction,

components of weapons of mass destruction, prohibited narcotics or drugs, or other terrorist or drug trafficking items.

‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment of members

under subsection (a) may occur only if—

‘‘(1) the assignment is at the request of the Attorney General, in the case of an assignment to the Immigration and Naturalization Service, or the Secretary of the Treasury, in the

case of an assignment to the United States Customs Service;

and

‘‘(2) the request of the Attorney General or the Secretary of

the Treasury (as the case may be) is accompanied by a certification by the President that the assignment of members pursuant to the request is necessary to respond to a threat to national security posed by the entry into the United States of terrorists or drug traffickers.

‘‘(c) TRAINING PROGRAM REQUIRED.—The Attorney General or the

Secretary of the Treasury (as the case may be), together with the

Secretary of Defense, shall establish a training program to ensure

16

that members receive general instruction regarding issues affecting

law enforcement in the border areas in which the members may

perform duties under an assignment under subsection (a). A member may not be deployed at a border location pursuant to an assignment under subsection (a) until the member has successfully

completed the training program.

‘‘(d) CONDITIONS ON USE.—(1) Whenever a member who is assigned under subsection (a) to assist the Immigration and Naturalization Service or the United States Customs Service is performing duties at a border location pursuant to the assignment, a

civilian law enforcement officer from the agency concerned shall accompany the member.

‘‘(2) Nothing in this section shall be construed to—

‘‘(A) authorize a member assigned under subsection (a) to

conduct a search, seizure, or other similar law enforcement activity or to make an arrest; and

‘‘(B) supersede section 1385 of title 18 (popularly known as

the ‘Posse Comitatus Act’).

‘‘(e) NOTIFICATION REQUIREMENTS.—The Attorney General or the

Secretary of the Treasury (as the case may be) shall notify the Governor of the State in which members are to be deployed pursuant

to an assignment under subsection (a), and local governments in

the deployment area, of the deployment of the members to assist

the Immigration and Naturalization Service or the United States

Customs Service (as the case may be) and the types of tasks to be

performed by the members.

‘‘(f) REIMBURSEMENT REQUIREMENT.—Section 377 of this title

shall apply in the case of members assigned under subsection (a).

‘‘(g) TERMINATION OF AUTHORITY.—No assignment may be made

or continued under subsection (a) after September 30, 2002.’’.

(b) COMMENCEMENT OF TRAINING PROGRAM.—The training program required by subsection (b) of section 374a of title 10, United

States Code, shall be established as soon as practicable after the

date of the enactment of this Act.

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 374 the following new item:

‘‘374a. Assignment of members to assist border patrol and control.’’.

21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WELDON

OF FLORIDA, OR A DESIGNEE

At the end of title X (page 324, after line 11), insert the following

new section:

SEC. ll. COMMISSION ON THE FUTURE OF THE UNITED STATES

AEROSPACE INDUSTRY.

(a) ESTABLISHMENT.—Not later than March 1, 2001, the President shall establish a commission to be known as the ‘‘Commission

on the Future of the United States Aerospace Industry’’ (in this

section referred to as the ‘‘Commission’’).

(b) DUTIES.—The Commission shall have the following duties:

17

(1) To study the issues relevant to the future of the United

States aerospace industry with respect to the economic and national security of the United States.

(2) To assess the future importance of the United States

aerospace industry to the economic and national security of the

United States.

(3) To evaluate the effect on the United States aerospace industry of the laws, regulations, policies, and procedures of the

Federal Government with respect to—

(A) the budget;

(B) research and development;

(C) acquisition, including financing and payment of contracts;

(D) operation and maintenance;

(E) international trade and export of technology;

(F) taxation; and

(G) science and engineering education.

(4) To study in particular detail the adequacy of projected

budgets of Federal agencies for—

(A) aerospace research and development and procurement;

(B) maintaining the national space launch infrastructure; and

(C) supporting aerospace science and engineering efforts

at institutions of higher education.

(5) To consider and recommend feasible actions by the Federal Government to support the ability of the United States

aerospace industry to remain robust into the future.

(c) COMPOSITION.—(1) The Commission shall be composed of not

less than 10 and not more than 17 members appointed by the

President.

(2) Each member shall be an individual with extensive experience and a national reputation with respect to one or more of the

following:

(A) Aerospace manufacturing.

(B) Labor organizations associated with aerospace manufacturing.

(C) Economics or finance.

(D) National security.

(E) International trade or foreign policy.

(3) Members shall serve without pay by reason of their work on

the Commission.

(4) Each member shall receive travel expenses, including per

diem in lieu of subsistence, in accordance with sections 5702 and

5703 of title 5, United States Code.

(5) The Chairperson of the Commission shall be designated by

the President at the time of the appointment.

(d) POWERS.—(1) A number not less than 50 percent of the total

number of members of the Commission shall constitute a quorum

but a lesser number may hold hearings.

(2) The Commission shall meet at the call of the Chairperson.

(3) The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony,

and receive evidence as the Commission considers appropriate.

18

(4) Any member or agent of the Commission may, if authorized

by the Commission, take any action which the Commission is authorized to take by this section.

(5) The Commission may secure directly from any department or

agency of the United States information necessary to enable it to

carry out this section. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that

information to the Commission.

(6) The Commission may use the United States mails in the

same manner and under the same conditions as other departments

and agencies of the United States.

(7) Upon the request of the Commission, the Administrator of

General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the

Commission to carry out its responsibilities under this section.

(e) DIRECTOR AND STAFF.—(1) The Chairperson shall appoint and

fix the pay of a Director.

(2) The Chairperson may appoint and fix the pay of additional

personnel as the Chairperson considers appropriate.

(3) The Director and staff of the Commission may be appointed

without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid

without regard to the provisions of chapter 51 and subchapter III

of chapter 53 of that title relating to classification and General

Schedule pay rates.

(4) With the approval of the Commission, the Chairperson may

procure temporary and intermittent services under section 3109(b)

of title 5, United States Code.

(5) Upon request of the Chairperson, 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 Commission to assist

it in carrying out its duties under this section.

(f) REPORT.—Not later than March 1, 2002, the Commission shall

transmit a report to the Congress. The report shall contain a detailed statement of the findings and conclusions of the Commission,

the recommendations of the Commission for legislation or administrative action, and such other information as the Commission considers appropriate.

(g) TERMINATION.—The Commission shall terminate 30 days

after submitting its report pursuant to subsection (f).

(h) FUNDING.—Funds for activities of the Commission shall be

provided from amounts appropriated for the Department of Defense

for operation and maintenance for Defense-wide activities. Upon receipt of a written certification from the Chairperson of the Commission specifying the funds required for the activities of the Commission, the Secretary of Defense shall promptly disburse to the Commission, from such amounts, the funds required by the Commission

as stated in such certification.

22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GARY

MILLER, OF CALIFORNIA, OR A DESIGNEE

At the end of title X (page 324, after line 11), insert the following

new section:

19

SEC. ll. SENSE OF CONGRESS REGARDING INFORMATION TECHNOLOGY SYSTEMS.

It is the sense of Congress that—

(1) the Department of Defense must focus on upgrading information technology systems to allow seamless and interoperable communications; and

(2) each Secretary of a military department must demonstrate an unwavering commitment to achieving this goal and

must ensure that communications systems within the active,

reserve, and National Guard component of that military department receive equal attention and funding for information

technology.

23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HALL OF

OHIO, OR REPRESENTATIVE HOBSON OF OHIO, OR A DESIGNEE

At the end of title XI (page 334, after line 17), insert the following new section:

SEC. 11ll. TEMPORARY AUTHORITY REGARDING VOLUNTARY SEPARATION INCENTIVES AND EARLY RETIREMENT FOR EMPLOYEES OF THE DEPARTMENT OF THE AIR FORCE.

(a) SEPARATION PAY.—Section 5597 of title 5, United States Code,

is amended by adding at the end the following new subsection:

‘‘(i)(1) In this subsection:

‘‘(A) the term ‘agency’ means the Department of the Air

Force;

‘‘(B) the term ‘employee’ means an employee (as defined by

section 2105) who is employed by the agency, is serving under

an appointment without time limitation, and has been currently employed for a continuous period of at least 3 years, but

does not include—

‘‘(i) a reemployed annuitant under subchapter III of

chapter 83 or chapter 84, or another retirement system for

employees of the agency;

‘‘(ii) an employee having a disability on the basis of

which such employee is or would be eligible for disability

retirement under subchapter III of chapter 83 or chapter

84, or another retirement system for employees of the

agency;

‘‘(iii) an employee who is in receipt of a specific notice of

involuntary separation for misconduct or unacceptable performance;

‘‘(iv) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has

not repaid such payment;

‘‘(v) an employee covered by statutory reemployment

rights who is on transfer to another organization; or

‘‘(vi) any employee who, during the 24-month period preceding the date of separation, has received a recruitment

or relocation bonus under section 5753 or who, within the

12-month period preceding the date of separation, received

a retention allowance under section 5754.

20

‘‘(2)(A) A voluntary separation incentive payment may be paid

under this section by the agency to any employee to maintain continuity of skills among the agency’s employees or to adapt the skills

of the agency’s workforce to the emerging technologies critical to

the agency’s needs and goals.

‘‘(B) A voluntary separation incentive payment under this

subsection—

‘‘(i) shall be paid in a lump sum after the employee’s separation;

‘‘(ii) shall be paid from appropriations or funds available for

the payment of the basic pay of the employees;

‘‘(iii) shall be equal to the lesser of—

‘‘(I) an amount equal to the amount the employee would

be entitled to receive under section 5595(c); or

‘‘(II) an amount determined by the agency head not to exceed $25,000;

‘‘(iv) may not be made except in the case of any qualifying

employee who voluntarily separates (whether by retirement or

resignation) before December 31, 2003;

‘‘(v) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government

benefit; and

‘‘(vi) shall not be taken into account in determining the

amount of any severance pay to which the employee may be

entitled under section 5595 based on any other separation.

‘‘(3)(A) The head of the agency, prior to obligating any resources

for voluntary separation incentive payments under this subsection,

shall submit to the House and Senate Committees on Armed Services and the Committee on Governmental Affairs of the Senate and

the Committee on Government Reform of the House of Representatives a strategic plan outlining the intended use of such incentive

payments and a proposed organizational chart for the agency once

such incentive payments have been completed.

‘‘(B) The agency’s plan shall include—

‘‘(i) any positions and functions to be reduced or eliminated,

identified by organizational unit, geographic location, occupational category and grade level;

‘‘(ii) the number and amounts of voluntary separation incentive payments to be offered;

‘‘(iii) the steps to be taken to maintain continuity of skills

among the agency’s employees or to adapt the skills of the

agency’s workforce to the emerging technologies critical to the

agency’s needs and goals; and

‘‘(iv) a description of how the agency will operate without the

eliminated positions and functions.

‘‘(4) In addition to any other payments which it is required to

make under subchapter III of chapter 83 the agency shall remit to

the Office of Personnel Management for deposit in the Treasury of

the United States to the credit of the Civil Service Retirement and

Disability Fund an amount equal to be determined in accordance

with paragraph (5).

‘‘(5)(A) The amount remitted to the Treasury shall be the sum determined as follows. First, apply the following percentages to the

final basic pay of each employee who is covered under subchapter

21

III of chapter 83 or chapter 84 to whom a voluntary separation incentive has been paid under this section and who retires on an

early retirement or an immediate annuity:

‘‘(i) 19 percent in the case of an employee covered under subchapter III of chapter 83 who takes an early retirement; or

‘‘(ii) 58 percent in the case of an employee covered under

subchapter III of chapter 83 who takes an immediate annuity.

‘‘(B) Second, the sum of the amounts determined under clauses

(i) and (ii) of subparagraph (A) shall be reduced, but not below

zero, by the sum determined by applying the following percentages

to the final basic pay of each employee who is covered under chapter 84 to whom a voluntary separation incentive has been paid

under this section and who resigns or retires on an early retirement or immediate annuity, or an employee covered under subchapter III of chapter 83 to whom a voluntary separation incentive

has been paid under this section and who resigns:

‘‘(i) 419 percent in the case of an employee covered under

subchapter III of chapter 83 who resigns;

‘‘(ii) 17 percent in the case of an employee covered under

chapter 84 who takes an early retirement;

‘‘(iii) 8 percent in the case of an employee covered under

chapter 84 who retires on an immediate annuity; and

‘‘(iv) 211 percent in the case of an employee covered under

chapter 84 who resigns.

‘‘(6) Under regulations prescribed by the Office of Personnel Management, the agency may elect to make the remittances required

under paragraph (4) in installments over a period not to exceed 3

years. In such case, the percentages to be applied under paragraph

(5) shall be those determined by the Office as are necessary to

equalize the net present value of retirement benefits payable to

employees who retire or resign with a separation incentive under

this subsection and the net present value of retirement benefits

those employees would have received if they had continued to work

and then retired or resigned at the standard rates observed for the

workforce.’’.

(b) RETIREMENT UNDER CIVIL SERVICE RETIREMENT SYSTEM.—

Section 8336 of such title is amended by adding at the end the following new subsection:

‘‘(o)(1) An employee of the Department of the Air Force who is

separated from the service voluntarily as a result of a determination described in paragraph (2) after completing 25 years of service

or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.

‘‘(2) A determination under this paragraph is a determination by

the Secretary of the Air Force that the separation described in

paragraph (1) is necessary for the purpose of maintaining continuity of skills among employees of the Department of the Air

Force and adapting the skills of the workforce of the Department

to emerging technologies critical to the needs and goals of the Department.’’.

(c) RETIREMENT UNDER FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section 8414 of such title is amended by adding at the end

the following new subsection:

22

‘‘(d)(1) An employee of the Department of the Air Force who is

separated from the service voluntarily as a result of a determination described in paragraph (2) after completing 25 years of service

or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.

‘‘(2) A determination under this paragraph is a determination by

the Secretary of the Air Force that the separation described in

paragraph (1) is necessary for the purpose of maintaining continuity of skills among employees of the Department of the Air

Force and adapting the skills of the workforce of the Department

to emerging technologies critical to the needs and goals of the Department.’’.

(d) REPORTS.—The Secretary of the Air Force shall submit annual reports to the House and Senate Committees on Armed Services and the Committee on Governmental Affairs of the Senate and

the Committee on Government Reform of the House of Representatives describing the use of the authority provided in the amendments made by this section and the bases for using such authority

with respect to the employees chosen.

(e) LIMITATION OF APPLICABILITY.—The authority to provide separation pay and retirement benefits under the amendments made by

this section—

(1) may be exercised with respect to not more than 1000 civilian employees of the Department of the Air Force during

each calendar year; and

(2) shall expire on December 31, 2003.

24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUNTER

OF CALIFORNIA, OR A DESIGNEE

At the end of the title XII (page 338, after line 13), insert the

following new section:

SEC. 1205. NATO FAIR BURDENSHARING.

(a) REPORT ON COSTS OF OPERATION ALLIED FORCE.—The Secretary of Defense shall submit to the Committee on Armed Services

of the Senate and the Committee on Armed Services of the House

of Representatives a report on the costs to the United States of the

78-day air campaign known as Operation Allied Force conducted

against the Federal Republic of Yugoslavia during the period from

March 24 through June 9, 1999. The report shall include the following:

(1) The costs of ordnance expended, fuel consumed, and personnel.

(2) The estimated cost of the reduced service life of United

States aircraft and other systems participating in the operation.

(3) Whether and how the United States is being compensated

by other North Atlantic Treaty Organization member nations

for the costs of Operation Allied Force, including a detailed accounting of the estimated monetary value of peacekeeping and

reconstruction activities undertaken by those member nations

to partially or wholly compensate the United States for the

costs of such operation.

23

(b) REPORT ON COST SHARING OF FUTURE NATO OPERATIONS.—

Whenever the North Atlantic Treaty Organization undertakes a

military operation with the participation of the United States, the

Secretary of Defense shall submit to the Committee on Armed

Services of the Senate and the Committee on Armed Services of the

House of Representatives a report describing—

(1) how the costs of that operation are to be equitably distributed among the North Atlantic Treaty Organization member nations; or

(2) if the costs of the operation are not equitably distributed,

but are to be borne disproportionately by the United States,

how the United States is to be compensated by other North Atlantic Treaty Organization member nations.

(c) TIME FOR SUBMISSION OF REPORT.—A report under subsection

(b) shall be submitted not later than 30 days after the beginning

of the military operation, except that the Secretary of Defense may

submit the report at a later time if the Secretary determines that

such a delay is necessary to avoid an undue burden to ongoing operations.

(d) APPLICABILITY.—Subsection (b) shall apply only with respect

to military operations begun after the date of the enactment of this

Act.

25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SKELTON

OF MISSOURI, OR A DESIGNEE

At the end of title XII (page 338, after line 13), insert the following new section:

SEC. 1205. GAO STUDY ON VALUE OF UNITED STATES MILITARY ENGAGEMENT IN EUROPE.

(a) COMPTROLLER GENERAL STUDY.—The Comptroller General

shall conduct a study assessing the value to the United States and

its national security interests gained from the engagement of

United States forces in Europe and from military strategies used

to shape the international security environment in Europe.

(b) MATTERS TO BE INCLUDED.—The study shall include an assessment of the following matters:

(1) The value to United States security interests from having

forces stationed in Europe and assigned to areas of regional

conflict such as Bosnia and Kosovo.

(2) The value in sharing the risks, responsibilities, and costs

of deploying United States forces with the forces of European

allies.

(3) The costs associated with stationing United States forces

in Europe and with assigning them to areas of regional conflict.

(4) The value of the following kinds of contributions made by

European allies:

(A) Financial contributions.

(B) Contributions of military personnel and units.

(C) Contributions of nonmilitary personnel, such as medical personnel, police officers, judicial officers, and other

civic officials.

24

(D) Contributions in kind that may be used for infrastructure building or activities that contribute to regional

stability, whether in lieu of or in addition to military-related contributions.

(5) The value of a forward United States military presence

in compensating for existing shortfalls of air and sea lift capability in the event of further regional conflict in Europe or the

Middle East.

(6) The value of humanitarian and reconstruction assistance

provided by European countries and by the United States in

maintaining or improving regional stability.

(c) REPORT.—The Comptroller General shall submit a report on

the results of the study to the Committees on Armed Services of

the Senate and House of Representatives not later than March 1,

2001.

26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOWLER

OF FLORIDA, OR A DESIGNEE

At the end of title XII (page 338, after line 13), insert the following new section:

SEC. 1205. SENSE OF CONGRESS REGARDING NONCOMPLIANCE WITH

LAW REGARDING OVERSIGHT OF COMMUNIST CHINESE

MILITARY COMPANIES OPERATING IN THE UNITED

STATES.

It is the sense of Congress that the Secretary of Defense has not

complied with the requirements of section 1237(b) of the Strom

Thurmond National Defense Authorization for Fiscal Year 1999 (50

U.S.C. 1701 note) to publish and update a list of Communist Chinese military companies operating in the United States. Congress

expects that the Secretary, working with such other executive

branch officials as necessary to comply fully with such section, will

immediately comply with the provisions of that section. Furthermore, Congress notes that any requirement to assess information

within the purview of other Federal departments and agencies in

order to comply with that section was expressly anticipated by the

requirement for interagency consultation provided in paragraph (3)

of that section and that such consultation process ought to have

been completed well before the mid-January 1999 deadline specified for the initial publication under that section.

27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LARGENT

OF OKLAHOMA, OR A DESIGNEE

Page 400, line 17, strike ‘‘(1)’’.

Page 400, line 23, through page 401, line 5, strike paragraph (2).

28. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RYUN OF

KANSAS, OR A DESIGNEE

At the end of part I of subtitle C of title XXVIII (page 412, after

line 24), insert the following new section:

25

SEC. ll. LAND CONVEYANCE, FORT RILEY MILITARY RESERVATION,

KANSAS.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey, without consideration, to the State of Kansas, all right,

title, and interest of the United States in and to a parcel of real

property, including any improvements thereon, consisting of approximately 70 acres at Fort Riley Military Reservation, Fort Riley,

Kansas. The preferred site is adjacent to the Fort Riley Military

Reservation boundary, along the north side of Huebner Road across

from the First Territorial Capitol of Kansas Historical Site Museum.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary of the

Army and the Director of the Kansas Commission on Veterans Affairs.

(c) EXCEPTION FROM SCREENING REQUIREMENT.—The Secretary

may make the conveyance required by subsection (a) without regard to the requirement under section 2696 of title 10, United

States Code, that the property be screened for further Federal use

in accordance with the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).

(d) CONDITIONS OF CONVEYANCE.—The conveyance required by

subsection (a) shall be subject to the conditions that—

(1) the State of Kansas use the property conveyed solely for

purposes of establishing and maintaining a State-operated veterans cemetery; and

(2) all costs associated with the conveyance, including the

cost of relocating water and electric utilities should such relocation be determined necessary based on the survey described

in subsection (b), shall be borne by the State of Kansas.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the

Army may require such additional terms and conditions in connection with the conveyance required by subsection (a) as the Secretary of the Army determines appropriate to protect the interests

of the United States.

29. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BAIRD OF

WASHINGTON, OR A DESIGNEE

At the end of subtitle A of title XXVIII (page 412, after line 24),

insert the following new section:

SEC. 2840. LAND CONVEYANCES, FORT VANCOUVER BARRACKS, VANCOUVER, WASHINGTON.

(a) CONVEYANCE OF WEST BARRACKS.—The Secretary of the

Army may convey, without consideration, to the City of Vancouver,

Washington (in this section referred to as the ‘‘City’’), all right,

title, and interest of the United States in and to a parcel of real

property encompassing 19 structures at Vancouver Barracks,

Washington, which are identified by the Army using numbers between 602 and 676 and are known as the west barracks.

(b) CONVEYANCE OF EAST BARRACKS.—Upon vacation, or agreement to vacate, by the Army Reserve and the Army National

Guard of the parcel of real property at Vancouver Barracks encomVerDate 11-MAY-2000 13:02 May 17, 2000 Jkt 079008 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\A621HR.015 pfrm07 PsN: A621HR
26

passing 10 structures, which are identified by the Army using

numbers between 704 and 786 and the numbers 987, 989, 991, and

993, and are known as the east barracks, the Secretary may convey, without consideration, to the City all right, title, and interest

of the United States in and to the parcel.

(c) MODIFICATION AND CONVEYANCE OF REVERSIONARY INTEREST.—(1) The Secretary may modify the reversionary interest that

was retained by the United States when a parcel of real property

at Vancouver Barracks was conveyed to the Washington State Department of Transportation to remove the condition that the real

property be used only for highway-related purposes.

(2) The Secretary may convey, without consideration, to the City

the reversionary interest referred to in paragraph (1), modified as

provided by such paragraph. Upon conveyance, the Secretary shall

execute and file in the appropriate office an amended deed or other

appropriate instrument effectuating the modification and conveyance of the reversionary interest.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property authorized to be conveyed under subsections (a) and (b) shall be determined by surveys satisfactory to

the Secretary of the Army. The cost of any such survey shall be

borne by the City.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the

Army may require such additional terms and conditions in connection with a conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

30. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HEFLEY

OF COLORADO, OR A DESIGNEE

At the end of part III of subtitle C of title XXVIII (page 430, after

line 15), insert the following new section:

SEC. ll. LAND CONVEYANCE, LOWRY AIR FORCE BASE, COLORADO.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force

may convey, without consideration, or lease upon such terms as the

Secretary considers appropriate, to the Lowry Redevelopment Authority (in this section referred to as the ‘‘Authority’’) all right,

title, and interest of the United States in and to seven parcels of

real property, including improvements thereon, consisting of approximately 23 acres at the former Lowry Air Force Base, Colorado,

for the purpose of permitting the Authority to use the property in

furtherance of economic development and other public purposes.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of real property to be conveyed or leased under subsection

(a) shall be determined by a survey satisfactory to the Secretary.

The cost of the survey shall be borne by the Authority.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with a

conveyance or lease under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

27

31. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF WASHINGTON, OR A DESIGNEE

In section 3131 of the bill (page 462, lines 4 through 6), amend

the heading of such section to read as follows:

SEC. 3131. FUNDING FOR TERMINATION COSTS FOR RIVER PROTECTION PROJECT, RICHLAND, WASHINGTON.

In section 3131 of the bill (page 462, lines 9 through 11), strike

‘‘relating to’’ and all that follows through ‘‘Richland, Washington’’

and insert the following: ‘‘relating to the River Protection Project,

Richland, Washington (as designated by section 3135)’’.

At the end of title XXXI (page 467, after line 11), insert the following new section:

SEC. 3135. DESIGNATION OF RIVER PROTECTION PROJECT, RICHLAND, WASHINGTON.

The tank waste remediation system environmental project, Richland, Washington, shall be known and designated as the ‘‘River

Protection Project’’. Any reference to that project in any law, regulation, map, document, record, or other paper of the United States

shall be considered to be a reference to the River Protection

Project.

32. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HAYES OF

NORTH CAROLINA, OR A DESIGNEE

At the end of title XXXI (page 467, after line 12), insert the following new section:

SEC. 3135. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS FOR POST-SHIPMENT VERIFICATION REPORTS ON ADVANCED SUPERCOMPUTERS SALES TO CERTAIN FOREIGN NATIONS.

Section 3157 of the National Defense Authorization Act for Fiscal

Year 1998 (50 U.S.C. App. 2404 note) is amended by adding at the

end the following new subsection:

‘‘(e) ADJUSTMENT OF PERFORMANCE LEVELS.—Whenever a new

composite theoretical performance level is established under section

1211(d), that level shall apply for the purposes of subsection (a) of

this section in lieu of the level set forth in subsection (a).’’.

33. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE UDALL OF

COLORADO, OR A DESIGNEE

At the end of title XXXI (page 467, after line 11), insert the following new section:

SEC. ll. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE

PROJECT FACILITIES.

(a) AUTHORITY TO PROVIDE INCENTIVES.—Notwithstanding any

other provision of law, the Secretary of Energy may provide to any

eligible employee of the Department of Energy one or more of the

incentives described in subsection (d).

(b) ELIGIBLE EMPLOYEES.—An individual is an eligible employee

of the Department of Energy for purposes of this section if the

individual—

28

(1) has worked continuously at a closure facility for at least

two years;

(2) is an employee (as that term is defined in section 2105(a)

of title 5, United States Code);

(3) has a fully satisfactory or equivalent performance rating

during the most recent performance period and is not subject

to an adverse notice regarding conduct; and

(4) meets any other requirement or condition under subsection (d) for the incentive which is provided the employee

under this section.

(c) CLOSURE FACILITY DEFINED.—For purposes of this section, the

term ‘‘closure facility’’ means a Department of Energy facility at

which the Secretary is carrying out a closure project selected under

section 3143 of the National Defense Authorization Act for Fiscal

Year 1997 (42 U.S.C. 7274n).

(d) INCENTIVES.—The incentives that the Secretary may provide

under this section are the following:

(1) The right to accumulate annual leave provided by section

6303 of title 5, United States Code, for use in succeeding years

until it totals not more than 90 days, or not more than 720

hours based on a standard work week, at the beginning of the

first full biweekly pay period, or corresponding period for an

employee who is not paid on the basis of biweekly pay periods,

occurring in a year, except that—

(A) any annual leave that remains unused when an employee transfers to a position in a department or agency of

the Federal Government shall be liquidated upon the

transfer by payment to the employee of a lump sum for

leave in excess of 30 days, or in excess of 240 hours based

on a standard work week; and

(B) upon separation from service, annual leave accumulated under this paragraph shall be treated as any other

accumulated annual leave is treated.

(2) The right to be paid a retention allowance in a lump sum

in compliance with paragraphs (1) and (2) of section 5754(b) of

title 5, United States Code, if the employee meets the requirements of section 5754(a) of that title, except that the retention

allowance may exceed 25 percent, but may not be more than

30 percent, of the employee’s rate of basic pay.

(e) AGREEMENT.—An eligible employee of the Department of Energy provided an incentive under this section shall enter into an

agreement with the Secretary to remain employed at the closure facility at which the employee is employed as of the date of the

agreement until a specific date or for a specific period of time.

(f) VIOLATION OF AGREEMENT.—(1) Except as provided under

paragraph (3), an eligible employee of the Department of Energy

who violates an agreement under subsection (e), or is dismissed for

cause, shall forfeit eligibility for any incentives under this section

as of the date of the violation or dismissal, as the case may be.

(2) Except as provided under paragraph (3), an eligible employee

of the Department of Energy who is paid a retention allowance

under subsection (d)(2) and who violates an agreement under subsection (e), or is dismissed for cause, before the end of the period

or date of employment agreed upon under such agreement shall reVerDate 11-MAY-2000 13:02 May 17, 2000 Jkt 079008 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\A621HR.018 pfrm07 PsN: A621HR
29

fund to the United States an amount that bears the same ratio to

the aggregate amount so paid to or received by the employee as the

unserved part of such employment bears to the total period of employment agreed upon under such agreement.

(3) The Secretary may waive the applicability of paragraph (1) or

(2) to an employee otherwise covered by such paragraph if the Secretary determines that there is good and sufficient reason for the

waiver.

(g) REPORT.—The Secretary shall include in each report on a closure project under section 3143(h) of the National Defense Authorization Act for Fiscal Year 1997 a report on the incentives, if any,

provided under this section with respect to the project for the period covered by such report.

(h) AUTHORITY WITH RESPECT TO HEALTH COVERAGE.—Section

8905a(d)(5)(A) of title 5, United States Code (as added by section

1106 of the Veterans Millennium Health Care and Benefits Act

(Public Law 106–117; 113 Stat. 1598)), is amended by inserting

after ‘‘readjustment’’ the following: ‘‘, or a voluntary or involuntary

separation from a Department of Energy position at a Department

of Energy facility at which the Secretary is carrying out a closure

project selected under section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)’’.

(i) AUTHORITY WITH RESPECT TO VOLUNTARY SEPARATIONS.—(1)

The Secretary of Energy may—

(A) separate from service any employee at a Department of

Energy facility at which the Secretary is carrying out a closure

project selected under section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n) who volunteers to be separated under this subparagraph even though

the employee is not otherwise subject to separation due to a reduction in force; and

(B) for each employee voluntarily separated under subparagraph (A), retain an employee in a similar position who would

otherwise be separated due to a reduction in force.

(2) The separation of an employee under paragraph (1)(A) shall

be treated as an involuntary separation due to a reduction in force.

(3) An employee with critical knowledge and skills (as defined by

the Secretary) may not participate in a voluntary separation under

paragraph (1)(A) if the Secretary determines that such participation would impair the performance of the mission of the Department of Energy.

34. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAMPSON

OF TEXAS, OR A DESIGNEE

At the end of title XXXIV (page 474, after line 8), add the following new section:

SEC. 3404. AUTHORITY TO CONVEY OFFSHORE DRILL RIG OCEAN

STAR.

(a) AUTHORITY TO CONVEY.—

(1) IN GENERAL.—The Secretary of Transportation (referred

to in this section as the ‘‘Secretary’’) may, without consideration, convey all right, title, and interest of the United States

Government in and to the offshore drill rig OCEAN STAR, to

30

the Offshore Rig Museum, Inc., a nonprofit corporation established under the laws of the State of Texas and doing business

as the Offshore Energy Center (in this section referred to as

‘‘the recipient’’).

(2) RELEASE OF ASSOCIATED INTERESTS.—As part of the conveyance, the Secretary shall release any encumbrance and forgive any promissory note or loan held by the United States

with respect to the drill rig.

(b) CONDITIONS.—Any conveyance, release, or forgiveness under

subsection (a) shall be subject to the following conditions:

(1) The recipient must have at least 3 consecutive years experience in operating a drill rig as a nonprofit museum.

(2) Before the effective date of the conveyance, release, and

forgiveness, the recipient must agree—

(A) to continue to use the drill rig as part of a museum

to demonstrate to the public the recovery of offshore energy resources;

(B) to make the drill rig available to the Government if

the Secretary requires use of the drill rig for a national

emergency;

(C) that if the recipient no longer requires the drill rig

for use as a museum dedicated to demonstrating to the

public the recovery of offshore energy resources, the recipient shall, at the discretion of the Secretary, convey the

drill rig to the Government; and

(D) to any other conditions the Secretary considers appropriate.

(3) The drill rig may not be used for commercial transportation or commercial drilling and production of offshore energy

resources.

35. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BRYANT

OF TENNESSEE, OR A DESIGNEE

Strike section 554 (page 148, line 20, and all that follows through

page 149, line 12) and insert the following:

SEC. 554. CLARIFICATION AND REAFFIRMATION OF THE INTENT OF

CONGRESS REGARDING THE COURT-MARTIAL SENTENCE

OF CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR

PAROLE

(a) CLARIFICATION OF EFFECT OF SENTENCE.—(1) Section 856a(b)

of title 10, United States Code (article 56a of the Uniform Code of

Military Justice), is amended—

(1) by striking ‘‘unless—’’ and inserting ‘‘unless the sentence

(or a portion of the sentence including that part of the sentence

providing for confinement for life without eligibility for parole)—’’;

(2) by striking paragraph (1) and inserting the following:

‘‘(1) is set aside or otherwise modified as a result of—

‘‘(A) action taken under section 860 of this title (article

60) by the convening authority or another person authorized to act under that section; or

‘‘(B) any other action taken during post-trial procedure

and review under any other provision of subchapter IX;’’

31

(3) in paragraph (2), by striking ‘‘the sentence’’; and

(4) by striking paragraph (3) and inserting the following:

‘‘(3) a reprieve or pardon by the President.’’.

(b) OFFICERS SENTENCED TO DISMISSAL.—Subsection (b) of section 871 of such title (article 71) is amended by inserting after the

second sentence the following new sentence: ‘‘However, if the sentence extends to confinement for life without eligibility for parole,

that part of the sentence providing for confinement for life without

eligibility for parole may not be commuted, remitted, or suspended.’’.

(c) ACTION BY CONVENING AUTHORITY AFTER SENTENCE ORDERED

EXECUTED.—Subsection (d) of that section is amended by adding at

the end the following new sentence: ‘‘In the case of a sentence that

extends to confinement for life without eligibility for parole, that

part of the sentence extending to confinement for life without eligibility for parole may not be suspended after it is ordered executed.’’.

(d) SECRETARIAL AUTHORITY TO REMIT OR SUSPEND SENTENCE.— Section 874(a) of such title (article 74(a)) is amended by inserting

before the period at the end the following: ‘‘or, in the case of a sentence that extends to confinement for life without eligibility for parole, that part of the sentence that extends to confinement for life

without eligibility for parole’’.

(e) PAROLE.—Section 952 of that title is amended by adding at

the end the following new subsection:

‘‘(c) Parole may not be granted for an offender serving a sentence

of confinement for life without eligibility for parole.’’.

(f) REMISSION OR SUSPENSION OF SENTENCE.—Section 953 of such

title is amended by inserting in paragraph (1) after ‘‘selected offenders’’ the following: ‘‘other than offenders serving a sentence of

confinement for life without eligibility for parole’’.

Æ